Notice2024-00330
Certain Softwood Lumber Products From Canada: Continuation of Antidumping and Countervailing Duty Orders
Primary source
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Published
January 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on certain softwood lumber products (softwood lumber) from Canada would likely lead to the continuation or recurrence of dumping and countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders.
Full Text
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<title>Federal Register, Volume 89 Issue 7 (Wednesday, January 10, 2024)</title>
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[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1537-1538]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00330]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-857, C-122-858]
Certain Softwood Lumber Products From Canada: Continuation of
Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) and countervailing duty
(CVD) orders on certain softwood lumber products (softwood lumber) from
Canada would likely lead to the continuation or recurrence of dumping
and countervailable subsidies, and material injury to an industry in
the United States, Commerce is publishing a notice of continuation of
these AD and CVD orders.
DATES: Applicable December 28, 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 in the Federal Register the
AD and CVD orders on softwood lumber from Canada.\1\ On December 1,
2022, the ITC instituted,\2\ and Commerce initiated,\3\ the first
sunset review of the Orders, pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act). As a result of its reviews, Commerce
determined that revocation of the Orders, would likely lead to the
continuation or recurrence of dumping and countervailable subsidies,
and therefore, notified the ITC of the magnitude of the margins of
dumping and subsidy rates likely to prevail should the Orders be
revoked.\4\
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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); and Certain Softwood Lumber Products from
Canada: Amended Final Affirmative Countervailing Duty Determination
and Countervailing Duty Order, 83 FR 347 (January 3, 2018)
(collectively, Orders).
\2\ See Softwood Lumber Products from Canada; Institution of
Five-Year Reviews, 87 FR 73778 (December 1, 2022).
\3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757
(December 1, 2022).
\4\ See Certain Softwood Lumber Products from Canada: Final
Results of the Expedited Sunset Review of the Countervailing Duty
Order, 88 FR 19613 (April 3, 2023), and accompanying Issues and
Decision Memorandum (IDM); see also Certain Softwood Lumber Products
from Canada: Final Results of the Expedited First Sunset Review of
the Antidumping Duty Order, 88 FR 20479 (April 6, 2023), and
accompanying IDM.
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On December 28, 2023, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Softwood Lumber Products from Canada, 88 FR 89726
(December 28, 2023).
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Scope of the Orders
The merchandise covered by the Orders is softwood lumber, siding,
flooring, and certain 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 these Orders. 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
these Orders 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
[[Page 1538]]
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 these Orders:
<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 these Orders are currently
classifiable under the following ten-digit HTSUS subheadings in Chapter
44: 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; 4407.13.0000;
4407.14.0000; 4407.19.0001; 4407.19.0002; 4407.19.0054; 4407.19.0055;
4407.19.0056; 4407.19.0057; 4407.19.0064; 4407.19.0065; 4407.19.0066;
4407.19.0067; 4407.19.0068; 4407.19.0069; 4407.19.0074; 4407.19.0075;
4407.19.0076; 4407.19.0077; 4407.19.0082; 4407.19.0083; 4407.19.0092;
4407.19.0093; 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; 4418.30.0100; 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; 4418.99.9105; 4418.99.9120; 4418.99.9140; 4418.99.9195;
4421.99.70.40; and 4421.99.9880.
Although these HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of these Orders
is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the continuation of the Orders. U.S.
Customs and Border Protection will continue to collect AD and CVD cash
deposits at the rates in effect at the time of entry for all imports of
subject merchandise.
The effective date of the continuation of the Orders is December
28, 2023.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year reviews
of the Orders not later than 30 days prior to fifth anniversary of the
date of the last determination by the ITC.
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\6\ Id.
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Administrative Protective Order (APO)
This notice also serves as a final 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)(3), 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 terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act and 19 CFR 351.218(f)(4).
Dated: January 4, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement & Compliance.
[FR Doc. 2024-00330 Filed 1-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 10, 2024.
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