Message body
Full text as published by U.S. Customs and Border Protection
MESSAGE NO: 5136205
DATE: 05 16 2005
CATEGORY: CVD
TYPE: ADM
REFERENCE: 5124201
REFERENCE DATE: 05 04 2005
CASES:
C - 122 - 839
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PERIOD COVERED:
02 24 2005
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: AMENDED CASH DEPOSIT INSTRUCTIONS FOR CERTAIN SOFTWOOD
LUMBER PRODUCTS FROM CANADA (C-122-839)
1.
THE DEPARTMENT OF COMMERCE HAS AMENDED THE FINAL RESULTS OF
ITS ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON
CERTAIN SOFTWOOD LUMBER PRODUCTS FROM CANADA FOR THE PERIOD
5/22/2002 THROUGH 3/31/2003. THIS AMENDMENT WAS PUBLISHED ON
02/24/2005 IN THE FEDERAL REGISTER (70 FR 9046) AND CHANGES THE
CASH DEPOSIT RATE FOR ALL PRODUCERS/EXPORTERS, OTHER THAN
COMPANIES MENTIONED IN PARAGRAPHS FOUR, SIX, SEVEN, EIGHT, AND
NINE OF THESE CUSTOMS INSTRUCTIONS AND/OR EXEMPTED OR EXCLUDED
PRODUCTS. THIS IS AN AMENDMENT OF MESSAGE #5124201, DATED
05/04/2005.
2.
IMPORTS COVERED BY THIS REVIEW ARE SOFTWOOD LUMBER, FLOORING
AND SIDING (SOFTWOOD LUMBER PRODUCTS).
SOFTWOOD LUMBER PRODUCTS
INCLUDE ALL PRODUCTS CLASSIFIED UNDER SUBHEADINGS 4407.1000,
4409.1010, 4409.1090, AND 4409.1020, RESPECTIVELY, OF THE
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS), AND ANY
SOFTWOOD LUMBER, FLOORING AND SIDING DESCRIBED BELOW.
THESE
SOFTWOOD LUMBER PRODUCTS INCLUDE:
(1)
CONIFEROUS WOOD, SAWN OR CHIPPED LENGTHWISE, SLICED OR
PEELED, WHETHER OR NOT PLANED, SANDED OR FINGER-JOINTED, OF A
THICKNESS EXCEEDING SIX MILLIMETERS;
(2)
CONIFEROUS WOOD SIDING (INCLUDING STRIPS AND FRIEZES FOR
PARQUET FLOORING, NOT ASSEMBLED) CONTINUOUSLY SHAPED (TONGUED,
GROOVED, RABBETED, CHAMFERED, V-JOINTED, BEADED, MOLDED, ROUNDED
OR THE LIKE) ALONG ANY OF ITS EDGES OR FACES, WHETHER OR NOT
PLANED, SANDED OR FINGER-JOINTED;
(3)
OTHER CONIFEROUS WOOD (INCLUDING STRIPS AND FRIEZES FOR
PARQUET FLOORING, NOT ASSEMBLED) CONTINUOUSLY SHAPED (TONGUED,
GROOVED, RABBETED,
CHAMFERED, V-JOINTED, BEADED, MOLDED, ROUNDED
OR THE LIKE) ALONG ANY OF ITS EDGES OR FACES (OTHER THAN WOOD
MOLDINGS AND WOOD DOWEL RODS)
WHETHER OR NOT PLANED, SANDED OR
FINGER-JOINTED; AND
(4)
CONIFEROUS WOOD FLOORING (INCLUDING STRIPS AND FRIEZES FOR
PARQUET FLOORING, NOT ASSEMBLED) CONTINUOUSLY SHAPED (TONGUED,
GROOVED, RABBETED, CHAMFERED, V-JOINTED, BEADED, MOLDED, ROUNDED
OR THE LIKE) ALONG ANY OF ITS EDGES OR FACES, WHETHER OR NOT
PLANED, SANDED OR FINGER-JOINTED.
ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE MERCHANDISE
SUBJECT TO THIS ORDER IS DISPOSITIVE.
AS SPECIFICALLY STATED IN THE ISSUES AND DECISION MEMORANDUM
ACCOMPANYING THE NOTICE OF FINAL DETERMINATION OF SALES AT LESS
THAN FAIR VALUE:
CERTAIN SOFTWOOD LUMBER PRODUCTS FROM CANADA,
67 FR 15539 (APRIL 2, 2002) (SEE COMMENT 53, ITEM D, PAGE 116,
AND COMMENT 57, ITEM B-7, PAGE 126), AVAILABLE AT WWW IA ITA DOC
GOV/FRN, DRILLED AND NOTCHED LUMBER AND ANGLE CUT LUMBER ARE
COVERED BY THE SCOPE OF THIS ORDER.
THE FOLLOWING SOFTWOOD LUMBER PRODUCTS ARE EXCLUDED FROM THE
SCOPE OF THIS ORDER PROVIDED THEY MEET THE SPECIFIED REQUIREMENTS
DETAILED BELOW:
(1)
STRINGERS (PALLET COMPONENTS USED FOR RUNNERS):
IF THEY
HAVE AT LEAST TWO NOTCHES ON THE SIDE, POSITIONED AT EQUAL
DISTANCE FROM THE CENTER, TO PROPERLY ACCOMMODATE FORKLIFT
BLADES, PROPERLY CLASSIFIED UNDER HTSUS 4421.90.98.40.
(2)
BOX-SPRING FRAME KITS:
IF THEY CONTAIN THE FOLLOWING WOODEN
PIECES - TWO SIDE RAILS, TWO END (OR TOP) RAILS AND VARYING
NUMBERS OF SLATS.
THE SIDE RAILS AND THE END RAILS SHOULD BE
RADIUS-CUT AT BOTH ENDS.
THE KITS SHOULD BE INDIVIDUALLY
PACKAGED, THEY SHOULD CONTAIN THE EXACT NUMBER OF WOODEN
COMPONENTS NEEDED TO MAKE A PARTICULAR BOX SPRING FRAME, WITH NO
FURTHER PROCESSING REQUIRED.
NONE OF THE COMPONENTS EXCEEDS 1"
IN ACTUAL THICKNESS OR 83" IN LENGTH.
(3)
RADIUS-CUT BOX-SPRING-FRAME COMPONENTS, NOT EXCEEDING 1" IN
ACTUAL THICKNESS OR 83" IN LENGTH, READY FOR ASSEMBLY WITHOUT
FURTHER PROCESSING.
THE RADIUS CUTS MUST BE PRESENT ON BOTH ENDS
OF THE BOARDS AND MUST BE SUBSTANTIAL CUTS SO AS TO COMPLETELY
ROUND ONE CORNER.
(4)
FENCE PICKETS REQUIRING NO FURTHER PROCESSING AND PROPERLY
CLASSIFIED UNDER HTSUS 4421.90.70, 1" OR LESS IN ACTUAL
THICKNESS, UP TO 8" WIDE, 6' OR LESS IN LENGTH, AND HAVE FINIALS
OR DECORATIVE CUTTINGS THAT CLEARLY IDENTIFY THEM AS FENCE
PICKETS.
IN THE CASE OF DOG-EARED FENCE PICKETS, THE CORNERS OF
THE BOARDS SHOULD BE CUT OFF SO AS TO REMOVE PIECES OF WOOD IN
THE SHAPE OF ISOSCELES RIGHT ANGLE TRIANGLES WITH SIDES MEASURING
3/4 INCH OR MORE.
(5)
U.S. ORIGIN LUMBER SHIPPED TO CANADA FOR MINOR PROCESSING
AND IMPORTED INTO THE UNITED STATES, IS EXCLUDED FROM THE SCOPE
OF THIS ORDER IF THE FOLLOWING CONDITIONS ARE MET:
1) THE PROCESSING OCCURRING IN CANADA IS LIMITED TO
KILN-DRYING, PLANING TO CREATE SMOOTH-TO-SIZE BOARD, AND SANDING,
AND
2) IF THE IMPORTER ESTABLISHES TO THE SATISFACTION OF U.S.
CUSTOMS AND BORDER PROTECTION (CBP) THAT THE LUMBER IS OF U.S.
ORIGIN.
(6)
SOFTWOOD LUMBER PRODUCTS CONTAINED IN SINGLE FAMILY HOME
PACKAGES OR KITS, (TO ENSURE ADMINISTRABILITY, WE CLARIFIED THE
LANGUAGE OF EXCLUSION NUMBER 6 TO REQUIRE AN IMPORTER
CERTIFICATION AND TO PERMIT SINGLE OR MULTIPLE ENTRIES ON
MULTIPLE DAYS AS WELL AS INSTRUCTING IMPORTERS TO RETAIN AND MAKE
AVAILABLE FOR INSPECTION SPECIFIC DOCUMENTATION IN SUPPORT OF
EACH ENTRY.) REGARDLESS OF TARIFF CLASSIFICATION, ARE EXCLUDED
FROM THE SCOPE OF THIS ORDER IF THE IMPORTER CERTIFIES TO ITEMS 6
A, B, C, D, AND REQUIREMENT 6 E IS MET:
A.
THE IMPORTED HOME PACKAGE OR KIT CONSTITUTES A FULL
PACKAGE OF THE NUMBER OF WOODEN PIECES SPECIFIED IN THE PLAN,
DESIGN OR BLUEPRINT NECESSARY TO PRODUCE A HOME OF AT LEAST 700
SQUARE FEET PRODUCED TO A SPECIFIED PLAN, DESIGN OR BLUEPRINT;
B.
THE PACKAGE OR KIT MUST CONTAIN ALL NECESSARY INTERNAL
AND EXTERNAL DOORS AND WINDOWS, NAILS, SCREWS, GLUE, SUB FLOOR,
SHEATHING, BEAMS, POSTS, CONNECTORS, AND IF INCLUDED IN THE
PURCHASE CONTRACT, DECKING, TRIM, DRYWALL AND ROOF SHINGLES
SPECIFIED IN THE PLAN, DESIGN OR BLUEPRINT.
C.
PRIOR TO IMPORTATION, THE PACKAGE OR KIT MUST BE SOLD TO
A RETAILER OF COMPLETE HOME PACKAGES OR KITS PURSUANT TO A VALID
PURCHASE CONTRACT REFERENCING THE PARTICULAR HOME DESIGN PLAN OR
BLUEPRINT, AND SIGNED BY A CUSTOMER NOT AFFILIATED WITH THE
IMPORTER;
D.
SOFTWOOD LUMBER PRODUCTS ENTERED AS PART OF A SINGLE
FAMILY HOME PACKAGE OR KIT, WHETHER IN A SINGLE ENTRY OR MULTIPLE
ENTRIES ON MULTIPLE DAYS, WILL BE USED SOLELY FOR THE
CONSTRUCTION OF THE SINGLE FAMILY HOME SPECIFIED BY THE HOME
DESIGN MATCHING THE ENTRY.
E.
FOR EACH ENTRY, THE FOLLOWING DOCUMENTATION MUST BE
RETAINED BY THE IMPORTER AND MADE AVAILABLE TO CBP UPON REQUEST:
i.
A COPY OF THE APPROPRIATE HOME DESIGN, PLAN, OR BLUEPRINT
MATCHING THE ENTRY;
ii.
A PURCHASE CONTRACT FROM A RETAILER OF HOME KITS OR
PACKAGES SIGNED BY A CUSTOMER NOT AFFILIATED WITH THE
IMPORTER;
iii. A LISTING OF INVENTORY OF ALL PARTS OF THE PACKAGE OR KIT
BEING ENTERED THAT CONFORMS TO THE HOME DESIGN PACKAGE
BEING ENTERED;
iv.
IN THE CASE OF MULTIPLE SHIPMENTS ON THE SAME CONTRACT, ALL
ITEMS LISTED IN E(iii) WHICH ARE INCLUDED IN THE PRESENT
SHIPMENT SHALL BE IDENTIFIED AS WELL.
LUMBER PRODUCTS THAT CBP MAY CLASSIFY AS STRINGERS, RADIUS
CUT BOX-SPRING-FRAME COMPONENTS, AND FENCE PICKETS, NOT
CONFORMING TO THE ABOVE REQUIREMENTS, AS WELL AS TRUSS
COMPONENTS, PALLET COMPONENTS, AND DOOR AND WINDOW FRAME PARTS,
ARE COVERED UNDER THE SCOPE OF THIS ORDER AND MAY BE CLASSIFIED
UNDER HTSUS SUBHEADINGS 4418.90.45.90, 4421.90.70.40, AND
4421.90.97.40.
FINALLY, AS CLARIFIED THROUGHOUT THE COURSE OF THE INVESTIGATION,
THE FOLLOWING PRODUCTS, PREVIOUSLY IDENTIFIED AS GROUP A, REMAIN
OUTSIDE THE SCOPE OF THIS ORDER.
THEY ARE:
1.
TRUSSES AND TRUSS KITS, PROPERLY CLASSIFIED UNDER HTSUS
4418.90;
2.
I-JOIST BEAMS;
3.
ASSEMBLED BOX SPRING FRAMES;
4.
PALLETS AND PALLET KITS, PROPERLY CLASSIFIED UNDER HTSUS
4415.20;
5.
GARAGE DOORS;
6.
EDGE-GLUED WOOD, PROPERLY CLASSIFIED UNDER HTSUS
4421.90.98.40;
7.
PROPERLY CLASSIFIED COMPLETE DOOR FRAMES;
8.
PROPERLY CLASSIFIED COMPLETE WINDOW FRAMES;
9.
PROPERLY CLASSIFIED FURNITURE.
IN ADDITION, THIS SCOPE LANGUAGE WAS FURTHER CLARIFIED TO SPECIFY
THAT ALL SOFTWOOD LUMBER PRODUCTS ENTERED FROM CANADA CLAIMING
NON-SUBJECT STATUS BASED ON U.S. COUNTRY OF ORIGIN WILL BE
TREATED AS NON-SUBJECT U.S.-ORIGIN MERCHANDISE UNDER THE
COUNTERVAILING DUTY ORDER, PROVIDED THAT THESE SOFTWOOD LUMBER
PRODUCTS MEET THE FOLLOWING CONDITION:
UPON ENTRY, THE IMPORTER,
EXPORTER, CANADIAN PROCESSOR AND/OR ORIGINAL U.S. PRODUCER
ESTABLISH TO CBP'S SATISFACTION THAT THE SOFTWOOD LUMBER ENTERED
AND DOCUMENTED AS U.S.-ORIGIN SOFTWOOD LUMBER WAS FIRST PRODUCED
IN THE UNITED STATES AS A LUMBER PRODUCT SATISFYING THE PHYSICAL
PARAMETERS OF THE SOFTWOOD LUMBER SCOPE.
(SEE SCOPE CLARIFICATION MESSAGE # 3034202, DATED FEBRUARY 3,
2003, TO CBP REGARDING TREATMENT OF
U.S. ORIGIN LUMBER ON FILE
IN THE CRU.)
THE PRESUMPTION OF NON-SUBJECT STATUS CAN, HOWEVER,
BE REBUTTED BY EVIDENCE DEMONSTRATING THAT THE MERCHANDISE WAS
SUBSTANTIALLY TRANSFORMED IN CANADA.
FINALLY, CERTAIN SOFTWOOD LUMBER PRODUCTS FROM THE MARITIME
PROVINCES ARE EXEMPT FROM THIS COUNTERVAILING DUTY ORDER.
THIS
EXEMPTION, HOWEVER, DOES NOT APPLY TO SOFTWOOD LUMBER PRODUCTS
PRODUCED IN THE MARITIME PROVINCES FROM CROWN TIMBER HARVESTED IN
ANY OTHER PROVINCE AND APPLIES ONLY TO ENTRIES OF SOFTWOOD LUMBER
PRODUCTS FROM CANADA WHICH ARE ACCOMPANIED BY AN ORIGINAL
CERTIFICATE OF ORIGIN ISSUED BY THE MARITIME LUMBER BUREAU (MLB).
3.
ACCORDINGLY, FOR ALL SHIPMENTS OF CERTAIN SOFTWOOD LUMBER
PRODUCTS FROM CANADA SUBJECT TO THE COUNTERVAILING DUTY ORDER,
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
02/24/2005, YOU SHALL COLLECT A CASH DEPOSIT OF ESTIMATED
COUNTERVAILING DUTIES AT THE FOLLOWING PERCENTAGES OF THE ENTERED
VALUE PRICE:
ID NUMBER
COMPANY NAME
RATE
C-122-839-000
ALL PRODUCERS/EXPORTERS
16.37 PERCENT
(NOTE REGARDING ALL PRODUCERS/EXPORTERS RATE: APPLIES TO ALL,
OTHER THAN EXEMPTED OR EXCLUDED PRODUCTS AND/OR COMPANIES
MENTIONED IN PARAGRAPHS FOUR, SIX, SEVEN, EIGHT, AND NINE OF
THESE CUSTOMS INSTRUCTIONS).
4.
IN ADDITION, IN THE FINAL RESULTS OF THE COUNTERVAILING DUTY
ADMINISTRATIVE REVIEW, WE CALCULATED ZERO CASH DEPOSIT RATES FOR
THE COMPANIES LISTED BELOW.
A ZERO PERCENT RATE APPLIES TO
MERCHANDISE SUBJECT TO THE COUNTERVAILING DUTY ORDER PRODUCED OR
EXPORTED BY THESE COMPANIES, THAT ENTERED, OR WAS WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER 12/20/2004.
ID NUMBER
COMPANY NAME
RATE
C-122-839-025
FONTAINE INC. (J.A. FONTAINE
ET FILS INC.)
ZERO
C-122-839-027
LES PRODUITS FORESTIERS
DUBE INC.
ZERO
C-122-839-033
SCIERIE WEST BROME INC.
ZERO
C-122-839-037
SCIERIE LAPOINTE AND ROY LTEE
ZERO
5.
THE CASH DEPOSITS IN PARAGRAPHS THREE AND FOUR WILL REMAIN
IN EFFECT UNTIL PUBLICATION OF THE FINAL RESULTS OF THE NEXT
ADMINISTRATIVE REVIEW.
DO NOT LIQUIDATE ANY ENTRIES OF THE
MERCHANDISE INCLUDED IN THIS ADMINISTRATIVE REVIEW UNTIL
APPRAISEMENT INSTRUCTIONS ARE RECEIVED.
6.
IN ADDITION, IN THE NOTICE OF FINAL AFFIRMATIVE
COUNTERVAILING DUTY DETERMINATION AND FINAL NEGATIVE CRITICAL
CIRCUMSTANCES DETERMINATION:
CERTAIN SOFTWOOD LUMBER PRODUCTS
FROM CANADA, 67 FR 15545, 15547 (04/02/2002), WE EXCLUDED FROM
THE COUNTERVAILING DUTY ORDER THE COMPANIES LISTED BELOW.
MERCHANDISE SUBJECT TO THE COUNTERVAILING DUTY ORDER PRODUCED AND
EXPORTED BY THESE EXCLUDED COMPANIES IS EXEMPT FROM THE CVD RATE.
ID NUMBER
COMPANY NAME
RATE
C-122-839-001
ARMAND DUHAMEL ET FILS INC.
EXCLUDED
C-122-839-002
BARDEAUX ET CEDRES
EXCLUDED
C-122-839-003
BEAUBOIS COATICOOK INC.
EXCLUDED
C-122-839-004
BUSQUE AND LAFLAMME INC.
EXCLUDED
C-122-839-005
CARRIER AND BEGIN INC.
EXCLUDED
C-122-839-006
CLERMOND HAMEL
EXCLUDED
C-122-839-007
J.D. IRVING, LTD.
EXCLUDED
C-122-839-008
LES PRODUITS FORESTIERS
D.G., LTEE
EXCLUDED
C-122-839-009
MARCEL LAUZON INC.
EXCLUDED
C-122-839-010
MOBILIER RUSTIQUE
EXCLUDED
C-122-839-011
PAUL VALLEE INC.
EXCLUDED
C-122-839-012
RENE BERNARD, INC.
EXCLUDED
C-122-839-013
ROLAND BOULANGER AND
CITE. LTEE
EXCLUDED
C-122-839-014
SCIERIE ALEXANDRE LEMAY
EXCLUDED
C-122-839-015
SCIERIE LA PATRIE, INC.
EXCLUDED
C-122-839-016
SCIERIE TECH, INC.
EXCLUDED
C-122-839-017
WILFRID PAQUET ET FILS,
LTEE
EXCLUDED
C-122-839-018
B. LUKEN LOGGING LTD.
EXCLUDED
C-122-839-019
FRONTIER LUMBER
EXCLUDED
C-122-839-020
SAULT FOREST PRODUCTS
LTD.
EXCLUDED
7.
IN ADDITION, IN THE NOTICE OF FINAL RESULTS OF COUNTERVAILING
DUTY EXPEDITED REVIEWS OF THE ORDER ON CERTAIN SOFTWOOD LUMBER
FROM CANADA, 68 FR 24436 (05/07/2003), WE EXCLUDED FROM THE
COUNTERVAILING DUTY ORDER THE COMPANIES LISTED BELOW. MERCHANDISE
SUBJECT TO THE COUNTERVAILING DUTY ORDER PRODUCED AND
EXPORTED
BY THESE EXCLUDED COMPANIES IS EXEMPT FROM THE CVD RATE.
ID NUMBER
COMPANY NAME
RATE
C-122-839-034
INTERBOIS INC.
EXCLUDED
C-122-839-035
LES MOULURES JACOMAU
2000, INC.
EXCLUDED
C-122-839-036
RICHARD LUTES CEDAR INC.
EXCLUDED
8.
IN ADDITION, IN THE NOTICE OF FINAL RESULTS OF COUNTERVAILING
DUTY EXPEDITED REVIEWS OF THE ORDER ON CERTAIN SOFTWOOD LUMBER
FROM CANADA, 69 FR 10982 (03/09/2004), WE EXCLUDED FROM THE
COUNTERVAILING DUTY ORDER THE COMPANIES LISTED BELOW. MERCHANDISE
SUBJECT TO THE COUNTERVAILING DUTY ORDER PRODUCED AND EXPORTED BY
THESE EXCLUDED COMPANIES IS EXEMPT FROM THE CVD RATE.
ID NUMBER
COMPANY NAME
RATE
C-122-839-038
BOCCAM INC.
EXCLUDED
C-122-839-039
INDIAN RIVER LUMBER
EXCLUDED
C-122-839-040
SECHOIRS DE BEAUCE INC.
EXCLUDED
9.
FOR SHIPMENTS OF CERTAIN SOFTWOOD LUMBER FROM CANADA SUBJECT
TO THE COUNTERVAILING DUTY ORDER PRODUCED AND EXPORTED BY SEED
TIMBER CO. LTD. (C-122-839-080), ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION IN THE UNITED STATES ON OR AFTER
02/24/2005, A BOND OR OTHER SECURITY DEPOSIT IS PERMITTED, AT THE
IMPORTER'S OPTION, EQUAL TO THE ALL PRODUCERS/EXPORTERS RATE OF
16.37 PERCENT OF THE ENTERED VALUE PRICE.
PLEASE REFER TO
CUSTOMS MESSAGE NUMBER 4226203 DATED 8/13/2004 FOR FURTHER
INFORMATION REGARDING SEED TIMBER CO. LTD.
10.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR
(202) 482-3577, RESPECTIVELY (GENERATED BY O3:KJ).
11. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA