Notice2023-07250
Certain Softwood Lumber Products From Canada: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order
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Published
April 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on certain softwood lumber products (softwood lumber) from Canada would likely lead to the continuation or recurrence of dumping 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 66 (Thursday, April 6, 2023)</title>
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[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20479-20481]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07250]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-857]
Certain Softwood Lumber Products From Canada: Final Results of
the Expedited First Sunset Review of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited sunset review, the U.S.
Department of Commerce (Commerce) finds that revocation of the
antidumping duty (AD) order on certain softwood lumber products
(softwood lumber) from Canada would likely lead to the continuation or
recurrence of dumping at the levels indicated in the ``Final Results of
Sunset Review'' section of this notice.
DATES: Applicable April 6, 2023.
FOR FURTHER INFORMATION CONTACT: Zachary Shaykin, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2638.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2018, Commerce published the AD order on imports of
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
[[Page 20480]]
751(c) of the Tariff Act of 1930, as amended (the Act).\2\
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\1\ See Certain Softwood Lumber Products from Canada:
Antidumping Duty Order and Partial Amended Final Determination, 83
FR 350 (January 3, 2018) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757
(December 1, 2022).
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On December 5 and 16, 2022, Commerce received notices of intent to
participate within the 15-day deadline specified in 19 CFR
351.218(d)(1)(i) from, respectively, the Committee Overseeing Action
for Lumber International Trade Investigations or Negotiations
(COALITION) and Sierra Pacific Industries and its subsidiary (Sierra
Pacific) (collectively, the domestic interested parties).\3\ The
domestic interested parties claimed interested party status under
sections 771(9)(C) and (F) of the Act, as a manufacturer in the United
States of the domestic like product and as an association of interested
parties described in sections 771(9)(C) through (E) of the Act,
respectively.\4\
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\3\ See COALITION's Letter, ``Five-Year (``Sunset'') Review of
the Antidumping Duty Order on Certain Softwood Lumber Products from
Canada: Notice of Intent to Participate,'' dated December 5, 2022
(COALITION's Notice of Intent to Participate); 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 to Participate).
\4\ See COALITION's Notice of Intent to Participate at 2-4; see
also Sierra Pacific's Notice of Intent to Participate at 1-2.
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On December 30, 2022 and January 3, 2023, Commerce received timely
and adequate substantive responses to the notice of initiation from the
domestic interested parties within the 30-day deadline specified in 19
CFR 351.218(d)(3).\5\ On January 5, 2023, one respondent interested
party, Resolute FP Canada Inc. (Resolute) submitted a timely yet
inadequate \6\ substantive response to the notice of initiation.\7\ On
January 10, 2023, we received rebuttal comments to Resolute's
substantive response from a domestic interested party.\8\ On January
25, 2023, Commerce notified the U.S. International Trade Commission
that we did not receive an adequate substantive response from
respondent interested parties.\9\ As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce
conducted expedited (120-day) sunset reviews of the Order.
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\5\ See COALITION's Letter, ``Five-Year (``Sunset'') Review of
the Antidumping Duty Order on Certain Softwood Lumber Products from
Canada: Substantive Response to Notice of Initiation,'' dated
December 30, 2022; see Sierra Pacific's Letter, ``Certain Softwood
Lumber Products from Canada: Substantive Response to the Notice of
Initiation,'' dated January 3, 2023.
\6\ Resolute failed to show that it accounts for 50 percent or
more of total exports of subject merchandise to the United States
from Canada during the five years preceding the year of the
initiation of these sunset reviews, pursuant to 19 CFR
351.218(e)(1)(ii)(A).
\7\ See Resolute's Letter, ``Initiation of Five-Year (Sunset)
Reviews, Certain Softwood Lumber from Canada, 87 FR 73,757 (Dep't of
Commerce Dec. 1, 2022),'' dated January 5, 2023.
\8\ See COALITION's Letter, ``Five-Year (``Sunset'') Review of
the Antidumping Duty Order on Certain Softwood Lumber Products from
Canada: Rebuttal to Resolute's Substantive Response,'' dated January
10, 2023.
\9\ See Commerce's Letter, ``Sunset Reviews Initiated December
1, 2022,'' dated January 25, 2023.
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On January 26, 2023, Resolute submitted a request that Commerce
provide interested parties an opportunity to submit a case brief
commenting on the final results of the instant sunset review.\10\ On
March 3, 2023, Resolute submitted a case brief.\11\ On March 6, 2023,
the COALITION submitted a request that Commerce provide interested
parties an opportunity to submit rebuttal briefs.\12\ On March 7, 2023,
Resolute submitted rebuttal comments to the COALITION's request for a
deadline for interested parties to submit rebuttal briefs in the
instant sunset review.\13\ On March 8, 2023, Commerce provided
interested parties an opportunity to submit case and rebuttal briefs
with respect to this sunset review.\14\ On March 13, 2023, Sierra
Pacific submitted a case brief with respect to the final results of the
sunset review.\15\ On March 17, 2023, the domestic interested parties
and Resolute submitted rebuttal briefs with respect to the issues
raised in the interested parties' case briefs.\16\
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\10\ See Resolute's Letter, ``Softwood Lumber from Canada: First
Sunset Review; Resolute's Request For Briefing Schedule In Expedited
Sunset Review Pursuant To 19 CFR 351.309(c)(1)(iii),'' dated January
26, 2023.
\11\ See Resolute's Letter, ``Certain Softwood Lumber from
Canada, Five-Year (Sunset) Review: Resolute's Case Brief,'' dated
March 3, 2023.
\12\ See COALITION's Letter, ``Five-Year (``Sunset'') Review of
the Antidumping Duty Order on Certain Softwood Lumber Products from
Canada: Request for Rebuttal Brief Deadline,'' dated March 6, 2023.
\13\ See Resolute's Letter, ``Certain Softwood Lumber from
Canada, Five-Year (Sunset) Review: Response to Petitioner's Request
for Rebuttal Brief Deadline,'' dated March 7, 2023.
\14\ See Memorandum, ``Certain Softwood Lumber Products from
Canada, First Expedited Sunset Review; Briefing Schedule,'' dated
March 8, 2023.
\15\ See Sierra Pacific's Letter, ``Certain Softwood Lumber
Products From Canada: Case Brief,'' dated March 13, 2023.
\16\ See COALITION's Letter, ``Five-Year (``Sunset'') Review of
the Antidumping Duty Order on Certain Softwood Lumber Products from
Canada: Rebuttal Brief,'' dated March 17, 2023; see also Sierra
Pacific's Letter, ``Certain Softwood Lumber Products from Canada:
Rebuttal Brief,'' dated March 17 2023; and Resolute's Letter,
``Certain Softwood Lumber from Canada, Five-Year (Sunset) Review:
Resolute's Rebuttal Brief,'' dated March 17, 2023.
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Scope of the Order
The merchandise covered by this investigation is softwood lumber.
For a complete description of the scope of the Order, see Appendix I.
Analysis of Comments Received
All issues raised in this sunset review are addressed in the
accompanying Issues and Decision Memorandum.\17\ The issues discussed
in the Issues and Decision Memorandum are listed in Appendix II. 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).
ACCESS 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>.
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\17\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited First Sunset Review of the
Antidumping 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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Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Order would be likely to
lead to the continuation or recurrence of dumping, and the magnitude of
the weighted-average dumping margin likely to prevail is up to 7.28
percent.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a). Timely notification of the return or destruction of APO
materials or conversion to judicial protective orders is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing the final results and this notice in
accordance with sections 751(c), 752(c), 771(i)(1) of the Act, and 19
CFR 351.218(e)(1)(II)(C)(2) and 351.221(c)(5).
Dated: March 31, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Order
The merchandise covered by this Order is softwood lumber,
siding, flooring and certain
[[Page 20481]]
other coniferous wood (softwood lumber products). The scope
includes:
<bullet> 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.
<bullet> 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.
<bullet> Coniferous drilled and notched lumber and angle cut
lumber.
<bullet> Coniferous lumber stacked on edge and fastened together
with nails, whether or not with plywood sheathing.
<bullet> 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 Order.
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 Order 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 Order:
<bullet> 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.
<bullet> 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.
<bullet> 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.
<bullet> 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 Order are
currently classifiable under the following ten-digit HTSUS
subheadings in Chapter 44:
4406.11.0000; 4406.91.0000; 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;
4407.11.00.01; 4407.11.00.02; 4407.11.00.42; 4407.11.00.43;
4407.11.00.44; 4407.11.00.45; 4407.11.00.46; 4407.11.00.47;
4407.11.00.48; 4407.11.00.49; 4407.11.00.52; 4407.11.00.53;
4407.12.00.01; 4407.12.00.02; 4407.12.00.17; 4407.12.00.18;
4407.12.00.19; 4407.12.00.20; 4407.12.00.58; 4407.12.00.59;
4407.19.05.00; 4407.19.06.00; 4407.19.10.01; 4407.19.10.02;
4407.19.10.54; 4407.19.10.55; 4407.19.10.56; 4407.19.10.57;
4407.19.10.64; 4407.19.10.65; 4407.19.10.66; 4407.19.10.67;
4407.19.10.68; 4407.19.10.69; 4407.19.10.74; 4407.19.10.75;
4407.19.10.76; 4407.19.10.77; 4407.19.10.82; 4407.19.10.83;
4407.19.10.92; 4407.19.10.93; 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; 4418.50.0010; 4418.50.0030;
4418.50.0050 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
Order is dispositive.
Appendix II
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 Dumping
2. Magnitude of the Dumping Margin Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023-07250 Filed 4-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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