[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Notices]
[Pages 75916-75917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3741]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


Amendment to Antidumping and Countervailing Duty Orders on 
Certain Softwood Lumber Products from Canada

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

EFFECTIVE DATE: December 20, 2004.

FOR FURTHER INFORMATION CONTACT: John Herrmann at (202) 482-1780, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Ave., NW., 
Washington, DC 20230, or Dean Pinkert at (202) 482-4339, Office of the 
Chief Counsel for Import Administration, Office of the General Counsel, 
U.S. Department of Commerce, 14th Street and Constitution Ave., NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    On May 16, 2002, the International Trade Commission 
(``Commission'') determined that an industry in the United States is 
threatened with material injury by reason of imports of softwood lumber 
from Canada found to be subsidized and sold in the United States at 
less than fair value. Softwood Lumber from Canada, Inv. Nos. 701-TA-414 
and 731-TA-928 (Final), USITC Pub. 3509 (May 2002) (``Final

[[Page 75917]]

Injury Determinations''). On May 22, 2002, the Department published an 
antidumping duty order and a countervailing duty order on softwood 
lumber products from Canada. 67 FR 36068, 36070.
    The Government of Canada subsequently requested dispute resolution 
at the World Trade Organization (``WTO'') to consider its claims that 
the Final Injury Determinations were inconsistent with the WTO 
Agreement. The matter was entitled ``United States Investigation of the 
International Trade Commission in Softwood Lumber from Canada,'' WT/
DS277, and was reviewed by a WTO panel. In its final report, the panel 
found, inter alia, that action by the Commission in connection with its 
softwood lumber investigation under Title VII of the Tariff Act of 
1930, as amended, was not in conformity with the obligations of the 
United States under the WTO Agreement on Implementation of Article VI 
of the General Agreement on Tariffs and Trade 1994 and the WTO 
Agreement on Subsidies and Countervailing Measures. On April 26, 2004, 
the Dispute Settlement Body (``DSB'') of the WTO adopted the final 
report of the panel.
    After following the preliminary procedures required under section 
129 of the URAA, by letter dated July 27, 2004, the United States Trade 
Representative (``USTR'') requested that the Commission issue a 
determination under section 129(a)(4) of the URAA that would render the 
Commission's action not inconsistent with the recommendations and 
rulings of the DSB. On November 24, 2004, the Commission issued such a 
determination, concluding that the U.S. softwood lumber industry is 
threatened with material injury by reason of imports of subsidized and 
dumped softwood lumber from Canada.
    USTR reviewed the Commission's determination under section 129 of 
the URAA and consulted with the Congressional committees as provided in 
section 129(a)(5) of the URAA. By letter dated December 10, 2004, USTR 
notified the Department of the Commission's new determination and 
requested that it be implemented.

Amendment to Antidumping and Countervailing Duty Orders On Softwood 
Lumber from Canada

    As described above, by letter dated December 10, 2004, USTR 
notified the Department that the Commission has issued a new 
determination pursuant to section 129 of the URAA, consistent with the 
recommendations and rulings of the DSB, which affirms the Commission's 
original determination that, under section 705(b)(1)(A)(ii) of the 
Tariff Act of 1930, as amended, the industry in the United States 
producing softwood lumber products is threatened with material injury 
by reason of imports of the subject merchandise from Canada. Also 
pursuant to section 129 of the URAA, the Trade Representative requested 
that the Department implement the Commission's new determination.
    Consequently, the Department hereby amends the antidumping and 
countervailing duty orders on softwood lumber products from Canada to 
reflect the issuance and implementation of the above-referenced 
determination under section 129 of the URAA.

    Dated: December 13, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E4-3741 Filed 12-20-04; 8:45 am]
BILLING CODE: 3510-DS-S