Notice2023-06791
Certain Softwood Lumber Products From Canada: Final Results of the Expedited Sunset Review of the Countervailing Duty Order
Primary source
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Published
April 3, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on certain softwood lumber products (softwood lumber) from Canada would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the "Final Results of Sunset Review" section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 63 (Monday, April 3, 2023)</title>
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[Federal Register Volume 88, Number 63 (Monday, April 3, 2023)]
[Notices]
[Pages 19613-19614]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06791]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-858]
Certain Softwood Lumber Products From Canada: Final Results of
the Expedited Sunset Review of the Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that
revocation of the countervailing duty (CVD) order on certain softwood
lumber products (softwood lumber) from Canada would be likely to lead
to continuation or recurrence of countervailable subsidies at the
levels indicated in the ``Final Results of Sunset Review'' section of
this notice.
DATES: Applicable April 3, 2023.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Laura Griffith, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4793 and (202)
482-6430, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2018, Commerce published the Order on softwood lumber
from Canada.\1\ On December 1, 2022, Commerce published the notice of
initiation of the first sunset review of the Order, pursuant to section
751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On December
5 and 16, 2022, Commerce received notices of intent to participate in
this review from the Committee Overseeing Action for Lumber
International Trade Investigations or Negotiations (COALITION) and
Sierra Pacific Industries, including its subsidiary Seneca Sawmill
Company (Sierra Pacific), respectively, within the deadline specified
in 19 CFR 351.218(d)(1)(i).\3\ The COALITION, the petitioner in the
underlying investigation, claims that it has interested party status
within the meaning of 19 CFR 351.102(b)(29)(viii), as an association,
the majority of whose members are interested parties described in
subparagraphs (C), (D), or (E) of section 771(9) of the Act with
respect to a domestic like product.\4\ Sierra Pacific claims interested
party status within the meaning of section 771(9)(C) of the Act and 19
CFR 351.102(b)(29)(v) as a U.S. producer of the domestic like
product.\5\
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\1\ See Certain Softwood Lumber Products from Canada: Amended
Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 83 FR 347 (January 3, 2018) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757
(December 1, 2022).
\3\ See COALITION's Letter, ``Five-Year (Sunset) Review of the
Countervailing Duty Order on Certain Softwood Lumber Products from
Canada: Notice of Intent to Participate,'' dated December 5, 2022
(COALITON's Notice of Intent); see also Sierra Pacific's Letter,
``Certain Softwood Lumber Products from Canada: Notice of Intent to
Participate in Sunset Review,'' dated December 16, 2022 (Sierra
Pacific's Notice of Intent).
\4\ See COALITION's Notice of Intent at 2-4.
\5\ See Sierra Pacific's Notice of Intent at 2.
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On December 30, 2022, and January 3, 2023, Commerce received
adequate substantive responses from the COALITION and Sierra Pacific,
respectively, within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).\6\ Commerce did not receive a substantive response
from either the Government of Canada or any other respondent interested
party to this proceeding. On January 25, 2023, Commerce notified the
U.S. International Trade Commission that it did not receive an adequate
substantive response from respondent interested parties.\7\ As a
result, Commerce conducted an expedited (120-day) sunset review of the
Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(B)(2) and (C)(2).
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\6\ See COALITION's Letter, ``Five-Year (Sunset) Review of the
Countervailing Duty Order on Certain Softwood Lumber Products from
Canada: Substantive Response to Notice of Initiation,'' dated
December 30, 2022; see also Sierra Pacific's Letter, ``Certain
Softwood Lumber Products from Canada: Substantive Response to the
Notice of Initiation,'' dated January 3, 2023.
\7\ See Commerce's Letter, ``Sunset Reviews Initiated December
1, 2022,'' dated January 25, 2023.
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Scope of the Order
The merchandise covered by this Order is softwood lumber, siding,
flooring and certain other coniferous wood (softwood lumber products).
For a complete description of the scope of the Order, see the Issues
and Decision Memorandum.\8\
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\8\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited Sunset Review of the Countervailing
Duty Order on Certain Softwood Lumber Products from Canada,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Analysis of Comments Received
A complete discussion of all issues raised in this sunset review,
including the likelihood of continuation or recurrence of subsidization
in the event of revocation of the Order and the countervailable subsidy
rates likely to prevail if the Order were to be revoked, is provided in
the Issues and Decision Memorandum. A list of the topics discussed in
the Issues and Decision Memorandum is attached as an appendix to this
notice. The Issues and Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS),
which is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Results of Sunset Review
Pursuant to sections 751(c) and 752(b) of the Act, we determine
that revocation
[[Page 19614]]
of the Order would be likely to lead to continuation or recurrence of
countervailable subsidies at the following net countervailable subsidy
rates:
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\9\ Commerce found the following companies to be cross-owned
with Canfor: Canadian Forest Products., Ltd. and Canfor Wood
Products Marketing, Ltd.
\10\ Commerce found the following companies to be cross-owned
with JDIL: Miramichi Timber Holdings Limited, The New Brunswick
Railway Company, Rothesay Paper Holdings Ltd., St. George Pulp &
Paper Limited, and Irving Paper Limited.
\11\ Commerce found the following companies to be cross-owned
with Resolute: Resolute Growth Canada Inc., Resolute Sales Inc.,
Abitibi-Bowater Canada Inc., Bowater Canadian Ltd., Resolute Forest
Products Inc., Produits Forestiers Maurice SEC., and 9192-8515
Quebec Inc.
\12\ Commerce found the following companies to be cross-owned
with Tolko: Tolko Industries Ltd., and Meadow Lake OSB Limited
Partnership.
\13\ Commerce found the following companies to be cross-owned
with West Fraser: Blue Ridge Lumber Inc., Manning Forest Products,
Ltd., Sundre Forest Products Inc., Sunpine Inc., West Fraser Alberta
Holdings, Ltd., and West Fraser Timber Co., Ltd.
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Net countervailable
Producers/exporters subsidy rate
(percent) ad valorem
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Canfor Corporation and its cross-owned affiliates 13.96
\9\.............................................
J.D. Irving, Limited and its cross-owned 3.58
affiliates \10\.................................
Resolute FP Canada Inc. and its cross-owned 19.19
affiliates \11\.................................
Tolko Marketing and Sales Ltd. and its cross- 20.28
owned affiliates \12\...........................
West Fraser Mills Ltd. and its cross-owned 18.68
affiliates \13\.................................
All-Others Rate.................................. 19.62
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Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305, which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return or destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
Commerce is issuing and publishing these final results and this
notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the
Act and 19 CFR 351.218.
Dated: March 24, 2023.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
2. Net Countervailable Subsidy Likely to Prevail
3. Nature of the Subsidy
VII. Final Results of the Sunset Review
VIII. Recommendation
[FR Doc. 2023-06791 Filed 3-31-23; 8:45 am]
BILLING CODE 3510-DS-P
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