Notice of final determination in the antidumping duty investigation of certain softwood lumber products from Canada (A-122-857)

1. On 11/08/2017, Commerce published in the Federal Register (82 FR 51806) its final affirmative determination of sales at less-than-fair-value in the antidumping duty investigation of certain softwood lumber products from Canada (A-122-857). 2. The merchandise covered by this investigation is softwood lumber, siding, flooring and certain other coniferous wood (softwood lumber products). The scope includes: • Coniferous wood, sawn, or chipped lengthwise, sliced or peeled, whether or not planed, whether or not sanded, or whether or not finger-jointed, of an actual thickness exceeding six millimeters. • Coniferous wood siding, flooring, and other coniferous wood (other than moldings and dowel rods), including strips and friezes for parquet flooring, that is continuously shaped (including, but not limited to, tongued, grooved, rebated, chamfered, V-jointed, beaded, molded, rounded) along any of its edges, ends, or faces, whether or not planed, whether or not sanded, or whether or not end-jointed. • Coniferous drilled and notched lumber and angle cut lumber. • Coniferous lumber stacked on edge and fastened together with nails, whether or not with plywood sheathing. • Components or parts of semi-finished or unassembled finished products made from subject merchandise that would otherwise meet the definition of the scope above. Finished products are not covered by the scope of this investigation. For the purposes of this scope, finished products contain, or are comprised of, subject merchandise and have undergone sufficient processing such that they can no longer be considered intermediate products, and such products can be readily differentiated from merchandise subject to this investigation at the time of importation. Such differentiation may, for example, be shown through marks of special adaptation as a particular product. The following products are illustrative of the type of merchandise that is considered “finished,” for the purpose of this scope: I-joists; assembled pallets; cutting boards; assembled picture frames; garage doors. The following items are excluded from the scope of this investigation: • Softwood lumber products certified by the Atlantic Lumber Board as being first produced in the Provinces of Newfoundland and Labrador, Nova Scotia, or Prince Edward Island from logs harvested in Newfoundland and Labrador, Nova Scotia, or Prince Edward Island. • U.S.-origin lumber shipped to Canada for processing and imported into the United States if the processing occurring in Canada is limited to one or more of the following: (1) Kiln drying; (2) planing to create smooth-to-size board; or (3) sanding. • 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 must be radius-cut at both ends. The kits must be individually packaged and must 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. • 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 substantially cut so as to completely round one corner. Softwood lumber product imports are generally entered under Chapter 44 of the Harmonized Tariff Schedule of the United States (HTSUS). This chapter of the HTSUS covers “Wood and articles of wood.” Softwood lumber products that are subject to this investigation are currently classifiable under the following ten-digit HTSUS subheadings in Chapter 44: 4407.10.01.01; 4407.10.01.02; 4407.10.01.15; 4407.10.01.16; 4407.10.01.17; 4407.10.01.18; 4407.10.01.19; 4407.10.01.20; 4407.10.01.42; 4407.10.01.43; 4407.10.01.44; 4407.10.01.45; 4407.10.01.46; 4407.10.01.47; 4407.10.01.48; 4407.10.01.49; 4407.10.01.52; 4407.10.01.53; 4407.10.01.54; 4407.10.01.55; 4407.10.01.56; 4407.10.01.57; 4407.10.01.58; 4407.10.01.59; 4407.10.01.64; 4407.10.01.65; 4407.10.01.66; 4407.10.01.67; 4407.10.01.68; 4407.10.01.69; 4407.10.01.74; 4407.10.01.75; 4407.10.01.76; 4407.10.01.77; 4407.10.01.82; 4407.10.01.83; 4407.10.01.92; 4407.10.01.93; 4409.10.05.00; 4409.10.10.20; 4409.10.10.40; 4409.10.10.60; 4409.10.10.80; 4409.10.20.00; 4409.10.90.20; 4409.10.90.40; and 4418.99.10.00. Subject merchandise as described above might be identified on entry documentation as stringers, square cut box-spring-frame components, fence pickets, truss components, pallet components, flooring, and door and window frame parts. Items so identified might be entered under the following ten-digit HTSUS subheadings in Chapter 44: 4415.20.40.00; 4415.20.80.00; 4418.99.90.05; 4418.99.90.20; 4418.99.90.40; 4418.99.90.95; 4421.99.70.40; and 4421.99.97.80. Although these HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. 3. As noted in paragraph 2, finished products made from softwood lumber are not covered by the scope of this investigation. Given the number and variety of finished products made from softwood lumber, Commerce has not identified every finished product not covered by the scope of this investigation. However, in the course of this investigation, we explicitly determined the following products to be finished products, and thus not covered by the scope (see the final determination (82 FR 51806) and accompanying issue and decision memorandum, which incorporated determinations made in the preliminary scope memorandum regarding the products listed below): assembled pallets; assembled trusses; assembled garage doors; assembled door frames; assembled window frames; finished furniture kits; I-joists; open-webbed floor joists; edge-glued wood; cross-laminated timber; assembled furniture; butcher block countertops; cutting boards; assembled wood toys; assembled wooden frames for paintings, photographs and mirrors; assembled wood blinds; clothes hangers; tableware; trays; wall art; marquetry; wood bird feeders; wood toys; and model houses, cars, boats and other vehicles. 4. This proceeding has been assigned case number A-122-857. 5. For imports of certain softwood lumber products from Canada, CBP shall continue to suspend liquidation of such shipments that are entered, or withdrawn from warehouse, for consumption on or after 11/08/2017. Effective 11/08/2017, for entries of certain softwood lumber products from Canada, CBP shall require for such entries a cash deposit equal to the margins for the producers and/or exporters listed below: Producer and/or Exporter: Canfor Corporation Case number: A-122-857-001 Cash deposit rate: 8.89% Producer and/or Exporter: Resolute FP Canada Inc. Case number: A-122-857-002 Cash deposit rate: 3.20% Producer and/or Exporter: Tolko Industries Ltd. and Tolko Marketing & Services, Ltd. Case number: A-122-857-003 Cash deposit rate: 7.22% Producer and/or Exporter: West Fraser Mills Ltd. Case number: A-122-857-004 Cash deposit rate: 5.57% All Others Case Number: A-122-857-000 Cash Deposit Rate: 6.58% 6. Additionally, because Commerce determined that critical circumstances exist for imports of certain softwood lumber products from Canada from the producers and/or exporters listed below, CBP shall suspend liquidation of all appropriate entries of certain softwood lumber products from Canada that are entered, or withdrawn from warehouse, for consumption on or after 04/01/2017 (90 days prior to the date of publication of the preliminary determination in the Federal Register) through 06/29/2017 (the date prior to the date of publication of the preliminary determination in the Federal Register) and collect cash deposits at the following rates: Producer and/or Exporter: Resolute FP Canada Inc. Case number: A-122-857-002 Cash deposit rate: 3.20% Producer and/or Exporter: Tolko Industries Ltd. and Tolko Marketing & Services, Ltd. Case number: A-122-857-003 Cash deposit rate: 7.22% Producer and/or Exporter: West Fraser Mills Ltd. Case number: A-122-857-004 Cash deposit rate: 5.57% 7. If any entries of this merchandise are exported by a firm other than the producer, then the following instructions apply: A. If the exporter of the subject merchandise does not have its own rate but the producer has its own rate, the cash deposit will be the producer's rate. B. Where neither the exporter nor the producer currently has its own rate or the producer is unknown, use the all-others rate of 6.58 percent to establish the cash deposit. 8. Filing of the ALB Certificate and Certificate Number with Entry Summary Consistent with Commerce's final determination, for imports of softwood lumber certified by the Atlantic Lumber Board (ALB) as having been first produced in the Provinces of Newfoundland and Labrador, Nova Scotia, or Prince Edward Island from logs harvested in Newfoundland and Labrador, Nova Scotia, or Prince Edward Island to qualify for the exclusion from this antidumping investigation, the ALB certificate must be filed with the Entry Summary. Additionally, the ALB certificate number must be reported either on the CBP Form 7501 or with the electronic Entry Summary data. 9. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by O#IV:SMB.) 10. There are no restrictions on the release of this information. Alexander Amdur