[Federal Register Volume 68, Number 182 (Friday, September 19, 2003)]
[Notices]
[Pages 54891-54892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23963]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-838]


Certain Softwood Lumber Products from Canada: Notice of Final 
Results of Antidumping Duty Changed Circumstances Review

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

ACTION: Notice of final results of antidumping duty changed 
circumstances review.

-----------------------------------------------------------------------

SUMMARY: The Department has determined that entries of certain softwood 
lumber products produced and exported by Monterra Lumber Mills Limited 
(Monterra) shall be subject to the ``All Others'' cash deposit rate of 
8.43 percent as of the date of publication of this notice in the 
Federal Register.

EFFECTIVE DATE: September 19, 2003.

FOR FURTHER INFORMATION CONTACT: Keith Nickerson or Constance Handley, 
at (202) 482-3813 or (202) 482-0631, respectively; Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION

Background

    As a result of the antidumping duty order issued following the 
completion of the less-than-fair-value investigation of certain 
softwood lumber products from Canada, imports of softwood lumber from 
Monterra, a subsidiary of respondent company Weyerhaeuser Company 
Limited (Weyerhaeuser), became subject to a cash deposit rate of 12.39 
percent (See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Order: Certain Softwood Lumber Products 
from Canada, 67 FR 36068 (May 22, 2002)). On February 4, 2003, Monterra 
notified the Department that effective December 23, 2002, Weyerhaeuser 
sold its interest in Monterra to 1554545 Ontario, Inc. (1554545 
Ontario), a wholly owned subsidiary of Tercamm Corp., a privately owned 
Canadian investment company. As a result, Monterra requested that the 
Department conduct a changed circumstances review in order to conclude 
that, effective December 23, 2002, it should be subject to the ``All 
Others'' cash deposit rate of 8.43 percent, rather than Weyerhaeuser's 
12.39 percent rate. On March 27, 2003, the Department published a 
notice of initiation of a changed circumstances review to determine 
whether entries naming Monterra as manufacturer and exporter

[[Page 54892]]

should receive the ``All Others'' cash deposit rate of 8.43 percent.
    On April 29, 2003, Monterra, at the request of the Department, 
submitted additional information and documentation regarding its sale 
by Weyerhaeuser to 1554545 Ontario. On May 8, 2003, the petitioner \1\ 
submitted comments on the information provided by Monterra and 
requested that the Department issue a supplemental questionnaire. On 
May 21, 2003, the Department issued a supplemental questionnaire 
requesting further details and documentation surrounding the sale and 
purchase, which were provided by Monterra in its subsequent submission 
of June 4, 2003. The petitioner did not comment on Monterra's June 4, 
2003, submission.
---------------------------------------------------------------------------

    \1\ The petitioner in this proceeding is the Coalition for Fair 
Lumber Imports Executive Committee.
---------------------------------------------------------------------------

    On July 25, 2003, the Department published the preliminary results 
of this changed circumstances review and preliminarily determined that 
entries naming Monterra as manufacturer and exporter should receive the 
``All Others'' cash deposit rate of 8.43 percent. See Certain Softwood 
Lumber Products From Canada: Notice of Preliminary Results of 
Antidumping Duty Changed Circumstances Review, 68 FR 44048 (July 25, 
2003) (Preliminary Results). In addition, we denied Monterra's request 
to have the cash deposit rate of 8.43 percent made effective as of 
December 23, 2002. In the Preliminary Results, we stated that 
interested parties could request a hearing or submit case briefs and/or 
written comments to the Department no later than 30 days after 
publication of the Preliminary Results notice in the Federal Register, 
and submit rebuttal briefs, limited to the issues raised in those case 
briefs, seven days subsequent to this due date. We did not receive any 
hearing requests or comments on the Preliminary Results.

Scope of the Order

    The products covered by this order are softwood lumber, flooring 
and siding (softwood lumber products) as previously identified and 
described in the preliminary results of this changed circumstances 
review.

Final Results of Changed Circumstances Review

    Based on the information provided by Monterra and the fact that the 
Department did not receive any comments during the comment period 
following the preliminary results of this review, the Department hereby 
determines that entries of certain softwood lumber products produced 
and exported by Monterra shall receive the ``All Others'' cash deposit 
rate of 8.43 percent. In addition, because cash deposits are only 
estimates of the amount of antidumping duties that will be due, changes 
in cash deposit rates are not made retroactively. Accordingly, we are 
denying Monterra's request to have the cash deposit rate of 8.43 
percent made effective as of December 23, 2002. See Certain Hot-Rolled 
Lead and Bismuth Carbon Steel Products From the United Kingdom: Final 
Results of Changed-Circumstances Antidumping and Countervailing Duty 
Administrative Reviews, 64 FR 66,880 (November 30, 1999). The new 
deposit rate will become effective upon publication of this notice in 
the Federal Register.

Instructions to the U.S. Bureau of Customs and Border Protection (BCBP)

    The Department will instruct the BCBP to apply the ``All Others'' 
cash deposit rate of 8.43 percent to all shipments of the subject 
merchandise produced and exported by Monterra entered, or withdrawn 
from warehouse, for consumption, on or after the publication date of 
this notice. This cash deposit rate shall remain in effect until 
publication of the final results of the on-going administrative review.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the return/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 sanctionable violation.
    This notice is in accordance with sections 751(b)(1) and 777(i)(1) 
of the Act and 19 CFR 351.216 and 351.221(b)(5).

    Dated: September 15, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-23963 Filed 9-18-03; 8:45 am]
BILLING CODE 3510-DS-P