[Federal Register Volume 67, Number 28 (Monday, February 11, 2002)]
[Notices]
[Pages 6230-6231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3257]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-838] and [C-122-839]


Amendment to Preliminary Determination of Sales at Less Than Fair 
Value: Certain Softwood Lumber Products from Canada; Amendment to 
Preliminary Affirmative Countervailing Duty Determination, Preliminary 
Affirmative Critical Circumstances Determination, and Alignment of 
Final Countervailing Duty Determination with Final Antidumping 
Determination: Certain Softwood Lumber Products from Canada.

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of amendment to preliminary determination of sales at 
less than fair value and amendment to preliminary affirmative 
countervailing duty determination, preliminary affirmative critical 
circumstances determination, and alignment of final countervailing duty 
determination with final antidumping determination.

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SUMMARY: The Department of Commerce is amending its notices of 
preliminary determination in the antidumping duty (AD) investigation 
and preliminary determination in the countervailing duty (CVD) 
investigation of certain softwood lumber products from Canada to 
clarify Harmonized Tariff Schedule of the United States (HTSUS) 
coverage of the subject merchandise.

EFFECTIVE DATE:  February 11, 2002.

FOR FURTHER INFORMATION CONTACT:  Charles Riggle at 202-482-0650 or 
Maria MacKay at 202-482-1775, Office of AD/CVD Enforcement V, and AD/
CVD Enforcement VI, respectively, Group II, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Ave, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act. In addition, unless otherwise indicated, 
all citations to the Department's regulations are to the regulations 
codified at 19 CFR Part 351 (2000).
    ACTIONS SINCE PRELIMINARY DETERMINATIONS: In the notice of 
preliminary determination in the countervailing duty (CVD) 
investigation the Department published a list of products preliminarily 
excluded from the scope of these proceedings. See Notice of Preliminary 
Affirmative Countervailing Duty Determination, Preliminary Affirmative 
Critical Circumstances Determination, and Alignment of Final 
Determination With Final Antidumping Duty Determination: Certain 
Softwood Lumber Products From Canada, 66 FR 43186-43188 (August 17, 
2001). Subsequently, in the notice of preliminary determination in the 
antidumping (AD) investigation, we amended that list, taking into 
account comments from interested parties and expert advice of the U.S. 
Customs Service (Customs). See Notice of Preliminary Determination of 
Sales at Less Than Fair Value and Postponement of Final Determination: 
Certain Softwood Lumber Products From Canada, 66 FR 56062, 56078 
(November 6, 2001). Petitioners filed comments on this amended list.
    ANALYSIS: Petitioners claim that, when the Department amended the 
list of the excluded products, it failed to correct an error: it did 
not clarify that certain products, included in the scope of these 
investigations, may be classified by Customs under Harmonized Tariff 
Schedule of the United States (HTSUS) headings other than those listed 
in the scope description (HTSUS 4407.1000, 4409.1010, 4409.1090, and 
4409.1020). Petitioners point out that Customs has refused to enforce 
the suspension of liquidation based on the written description of the 
subject merchandise without a recitation of the HTSUS headings in which 
the subject merchandise could be classified.
    We reviewed the HTSUS headings and subheadings of concern to 
petitioners, 4418.90.40.90, 4421.90.70, 4421.90.98.40, 4421.90, 
4418.90.40.20, 4415.20, and the description of the subject merchandise 
(including the list of excluded products as updated in the AD 
preliminary determination). We also consulted with the National Import 
Specialist and took into account information provided by the U.S. 
International Trade Commission (ITC). See Memorandum to the File from 
Maria MacKay on Antidumping and Countervailing Duty Investigations on 
Softwood Lumber from Canada: Teleconference with Paul Garretto, 
National Import Specialist, U.S. Customs Service, dated 12/19/01, on 
file in the Central Record Unit, Room B-099, Main Commerce Building. As 
a result of our analysis, we concluded that certain products subject to 
the scope of these investigations may be classified by Customs under 
HTSUS 4418.90.40.90,

[[Page 6231]]

4421.90.70.40, and 4421.90.98.40. Our findings are detailed in a 
decision memorandum regarding Antidumping and Countervailing Duty 
Investigations on Softwood Lumber from Canada: Amendment to the 
Language of the Scope Description. See Memorandum to Bernard T. Carreau 
from Melissa G. Skinner and Gary Taverman on Antidumping and 
Countervailing Duty Investigations on Softwood Lumber from Canada: 
Amendment to the Language of the Scope Description, dated 1/18/02, on 
file in the Central Record Unit, Room B-099, Main Commerce Building.
    We are therefore publishing an amendment to the notice of 
preliminary determination in the AD investigation and to the notice of 
preliminary determination in the CVD investigation clarifying the HTSUS 
coverage of the scope. Although additional HTSUS headings have been 
provided for convenience and U.S. Customs purposes, the written 
description remains dispositive. We plan to amend the instructions to 
Customs for both the AD and CVD cases.
AMENDMENT:
    The language of the Scope Issues section in the notice of 
preliminary determination in the AD investigation (which also applies 
to the CVD investigation) is amended as follows (added language in bold 
print).
    In the Initiation Notice, we invited all interested parties to 
raise issues and comment regarding the product coverage under the scope 
of this investigation. We received numerous comments, including scope 
clarification requests, scope exclusion requests, and requests for 
determinations of separate classes or kinds. The requests covered 
approximately 50 products, ranging from species, like Western red cedar 
and Douglas fir, to fencing products, bed frame components, pallet 
stock, and joinery and carpentry products. We published a preliminary 
list of scope exclusions in the Notice of Preliminary Affirmative 
Countervailing Duty Determination, Preliminary Affirmative Critical 
Circumstances Determination, and Alignment of Final Determination With 
Final Antidumping Duty Determination: Certain Softwood Lumber Products 
from Canada, 66 FR 43186 - 43188 (August 17, 2001) (CVD Preliminary).
    In our review of the comments received since the first list of 
product exclusions was issued in the CVD Preliminary, we found that 
some of the excluded product definitions required further 
clarification. Based on our analysis of the comments received, we have 
amended the list of excluded products that was originally presented in 
the CVD Preliminary. The amended list of scope exclusions is divided 
into two groups:
Group A. Softwood lumber products excluded from the scope:
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 item 4421.90.98.40
7. Properly classified complete door frames.
8. Properly classified complete window frames
9. Properly classified furniture
Group B. Softwood lumber products excluded from the scope only if they 
meet certain requirements:
    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.
    We have preliminarily determined that the products listed in groups 
(A) and (B) above are outside the scope of this investigation. See 
Memorandum to Bernard T. Carreau from Maria MacKay, Gayle Longest, 
David Layton on Scope Clarification in the Antidumping and 
Countervailing Duty Investigations on Softwood Lumber from Canada 
(October 30, 2001), which is on public file in the CRU, room B-099 of 
the main Commerce building. Lumber products that Customs may classify 
as stringers, radius cut box-spring-frame components, and fence 
pickets, not conforming to the above requirements, as well as truss 
components or pallet components, are covered under the scope of these 
investigations and may be classified under HTSUS subheadings 
4418.90.40.90, 4421.90.70.40, and 4421.90.98.40. On January 24, 2002, 
Customs informed the Department of certain changes in the 2002 HTSUS 
affecting these products. Specifically, subheading 4418.90.40.90 and 
4421.90.98.40 were changed to 4418.90.45.90 and 4421.90.97.40, 
respectively. Therefore, we are adding these subheadings as well.
    This notice is issued and published pursuant to sections 773(f) and 
777(i)(1) of the Act.

    February 2,2002
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-3257 Filed 2-8-02; 8:45 am]
BILLING CODE 3510-DS-S