[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Notices]
[Pages 75921-75930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3751]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-838]


Notice of Final Results of Antidumping Duty Administrative Review 
and Notice of Final Results of Antidumping Duty Changed Circumstances 
Review: Certain Softwood Lumber Products From Canada

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

SUMMARY: On June 14, 2004, the Department of Commerce (the Department) 
published the preliminary results of its first administrative review of 
the antidumping duty order on certain softwood lumber from Canada. The 
review covers the following producers of subject merchandise: Abitibi-
Consolidated Inc. (Abitibi), Buchanan Lumber Sales, Inc. (Buchanan), 
Canfor Corporation (Canfor), Slocan Forest Products Ltd. (Slocan), 
Tembec Inc. (Tembec), Tolko Industries, Inc. (Tolko), West Fraser 
Timber Co. Ltd. (West Fraser), and Weyerhaeuser Company (Weyerhaeuser). 
In addition, based on the preliminary results for these respondents 
selected for individual review, we have also determined a weighted-
average margin for those companies that requested, but were not 
selected for, individual review. The period of review (POR) is May 22, 
2002, through April 30, 2003. We have noted the changes made since the 
preliminary results below in the ``Changes Since the Preliminary 
Results'' section. The final results are listed below in the ``Final 
Results of Review'' section.
    The Department also initiated a changed circumstances review on the 
merger of two companies, Canfor and Slocan. On September 14, 2004, the 
Department published the preliminary results of the antidumping duty 
changed circumstances review. These final results did not differ from 
the preliminary results.

DATES: Effective Date: December 20, 2004.

FOR FURTHER INFORMATION CONTACT: Constance Handley or James Kemp, at 
(202) 482-0631 or (202) 482-5346, respectively; AD/CVD Operations, 
Office 1, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On June 14, 2004, the Department published in the Federal Register 
the preliminary results of the first administrative review of the 
antidumping duty order on certain softwood lumber from Canada. See 
Notice of Preliminary Results of Antidumping Duty Administrative 
Review: Certain Softwood Lumber from Canada, 69 FR 33235 (June 14, 
2004) (Preliminary Results). On August 5, 2004, an amended notice to 
the initiation and preliminary results was published. See Notice of 
Amended Initiation and Amended Preliminary Results of Antidumping Duty 
Administrative Review: Certain Softwood Lumber Products From Canada, 69 
FR 47413 (August 5, 2004). The notice initiated a review of 22 
additional companies and applied to

[[Page 75922]]

these companies the review-specific average margin for respondents not 
selected for an individual review as calculated in the Preliminary 
Results.
    The Coalition for Fair Lumber Imports Executive Committee, the 
petitioner \1\ in this case, submitted a request that the Department 
initiate a changed circumstances review of the antidumping duty order 
on certain softwood lumber products from Canada. On May 11, 2004, the 
Department published a notice of initiation of changed circumstances 
review to determine the appropriate cash deposit rate for Canfor, which 
merged with Slocan as of April 1, 2004. See Initiation of Antidumping 
Duty Administrative Changed Circumstances Review: Certain Softwood 
Lumber Products From Canada, 69 FR 26072 (May 11, 2004). The Department 
published the preliminary results of the changed circumstances review 
on September 14, 2004. See Notice of Preliminary Results of Antidumping 
Duty Administrative Changed Circumstances Review: Certain Softwood 
Lumber Products From Canada, 69 FR 55406 (September 14, 2004) (Changed 
Circumstances Preliminary Results). In the Changed Circumstances 
Preliminary Results, the Department determined that post-merger Canfor 
should be assigned a cash deposit rate reflecting a weighted-average of 
Canfor's and Slocan's respective cash deposit rates prior to the 
merger, and that the final results of the changed circumstances review 
would be aligned with the final results of the antidumping 
administrative review for the purposes of establishing the final cash 
deposit rate for post-merger Canfor.
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    \1\ The petitioner in this case is the Coalition for Fair Lumber 
Imports Executive Committee. We note that during the review, 
submissions have been made interchangeably by the petitioner itself 
and by the Coalition for Fair Lumber Imports, a domestic interested 
party. For ease of reference, we will use the term ``petitioner'' to 
refer to submissions by either, although we recognize that the 
Coalition for Fair Lumber Imports is not the actual petitioner.
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    We invited parties to comment on the Preliminary Results and the 
Changed Circumstances Preliminary Results. On August 20, 2004, we 
received case briefs from the above-mentioned respondents, the 
petitioner, and other interested parties.\2\ The parties submitted 
rebuttal briefs on September 8, 2004. A public hearing was requested 
and held on October 6, 2004. On October 14, 2004, we also received 
comments on the Changed Circumstances.
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    \2\ Case briefs were received from the British Columbia Trade 
Council (BCLTC) and its Constituent Associations, Lignum Ltd. 
(Lignum), and the Maritime Lumber Bureau, and lumber producers 
located in those provinces (the Maritimes).
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Preliminary Results

Scope of the Order

    The products covered by this order are softwood lumber, flooring 
and siding (softwood lumber products). Softwood lumber products include 
all products classified under headings 4407.1000, 4409.1010, 4409.1090, 
and 4409.1020, respectively, of the Harmonized Tariff Schedule of the 
United States (HTSUS), and any softwood lumber, flooring and siding 
described below. These softwood lumber products include:
    (1) Coniferous wood, sawn or chipped lengthwise, sliced or peeled, 
whether or not planed, sanded or finger-jointed, of a thickness 
exceeding six millimeters;
    (2) Coniferous wood siding (including strips and friezes for 
parquet flooring, not assembled) continuously shaped (tongued, grooved, 
rabbeted, chamfered, v-jointed, beaded, molded, rounded or the like) 
along any of its edges or faces, whether or not planed, sanded or 
finger-jointed;
    (3) Other coniferous wood (including strips and friezes for parquet 
flooring, not assembled) continuously shaped (tongued, grooved, 
rabbeted, chamfered, v-jointed, beaded, molded, rounded or the like) 
along any of its edges or faces (other than wood moldings and wood 
dowel rods) whether or not planed, sanded or finger-jointed; and
    (4) Coniferous wood flooring (including strips and friezes for 
parquet flooring, not assembled) continuously shaped (tongued, grooved, 
rabbeted, chamfered, v-jointed, beaded, molded, rounded or the like) 
along any of its edges or faces, whether or not planed, sanded or 
finger-jointed.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the merchandise under 
investigation is dispositive. Preliminary scope exclusions and 
clarifications were published in three separate Federal Register 
notices.
    Softwood lumber products excluded from the scope:
     Trusses and truss kits, properly classified under HTSUS 
4418.90.
     I-joist beams.
     Assembled box spring frames.
     Pallets and pallet kits, properly classified under HTSUS 
4415.20.
     Garage doors.
     Edge-glued wood, properly classified under HTSUS 
4421.90.97.40 (formerly HTSUS 4421.90.98.40).
     Properly classified complete door frames.
     Properly classified complete window frames.
     Properly classified furniture.
    Softwood lumber products excluded from the scope only if they meet 
certain requirements:
     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 4421.90.97.40 (formerly HTSUS 4421.90.98.40).
     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.
     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.
     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.
     U.S. origin lumber shipped to Canada for minor processing 
and imported into the United States, is excluded from the scope of this 
order if the following conditions are met: (1) The processing occurring 
in Canada is limited to kiln-drying, planing to create smooth-to-size 
board, and sanding, and (2) the importer establishes to U.S. Customs 
and Border Protection's (CBP) satisfaction that the lumber is of U.S. 
origin.\3\
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    \3\ For further clarification pertaining to this exclusion, see 
the additional language concluding the scope description below.
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     Softwood lumber products contained in single family home 
packages or kits,\4\ regardless of tariff classification, are excluded 
from the

[[Page 75923]]

scope of the orders if the following criteria are met:
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    \4\ To ensure administrability, we clarified the language of 
this exclusion to require an importer certification and to permit 
single or multiple entries on multiple days, as well as instructing 
importers to retain and make available for inspection specific 
documentation in support of each entry.
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    1. The imported home package or kit constitutes a full package of 
the number of wooden pieces specified in the plan, design or blueprint 
necessary to produce a home of at least 700 square feet produced to a 
specified plan, design or blueprint;
    2. The package or kit must contain all necessary internal and 
external doors and windows, nails, screws, glue, subfloor, sheathing, 
beams, posts, connectors and, if included in purchase contract, 
decking, trim, drywall and roof shingles specified in the plan, design 
or blueprint;
    3. Prior to importation, the package or kit must be sold to a 
retailer of complete home packages or kits pursuant to a valid purchase 
contract referencing the particular home design plan or blueprint, and 
signed by a customer not affiliated with the importer;
    4. The whole package must be imported under a single consolidated 
entry when permitted by CBP, whether or not on a single or multiple 
trucks, rail cars or other vehicles, which shall be on the same day 
except when the home is over 2,000 square feet;
    5. The following documentation must be included with the entry 
documents:
     A copy of the appropriate home design, plan, or blueprint 
matching the entry;
     A purchase contract from a retailer of home kits or 
packages signed by a customer not affiliated with the importer;
     A listing of inventory of all parts of the package or kit 
being entered that conforms to the home design package being entered;
     In the case of multiple shipments on the same contract, 
all items listed immediately above which are included in the present 
shipment shall be identified as well.
    We have determined that the excluded products listed above are 
outside the scope of this order provided the specified conditions are 
met. Lumber products that CBP may classify as stringers, radius cut 
box-spring-frame components, and fence pickets, not conforming to the 
above requirements, as well as truss components, pallet components, and 
door and window frame parts, are covered under the scope of this order 
and may be classified under HTSUS subheadings 4418.90.40.90, 
4421.90.70.40, and 4421.90.98.40. Due to changes in the 2002 HTSUS 
whereby subheading 4418.90.40.90 and 4421.90.98.40 were changed to 
4418.90.45.90 and 4421.90.97.40, respectively, we are adding these 
subheadings as well.
    In addition, this scope language has been further clarified to now 
specify that all softwood lumber products entered from Canada claiming 
non-subject status based on U.S. country of origin will be treated as 
non-subject U.S.-origin merchandise under the antidumping and 
countervailing duty orders, provided that these softwood lumber 
products meet the following condition: upon entry, the importer, 
exporter, Canadian processor and/or original U.S. producer establish to 
CBP's satisfaction that the softwood lumber entered and documented as 
U.S.-origin softwood lumber was first produced in the United States as 
a lumber product satisfying the physical parameters of the softwood 
lumber scope.\5\ The presumption of non-subject status can, however, be 
rebutted by evidence demonstrating that the merchandise was 
substantially transformed in Canada.

Analysis of Comments Received
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    \5\ See the scope clarification message (3034202), dated 
February 3, 2003, to CBP, regarding treatment of U.S.-origin lumber 
on file in the Central Records Unit, Room B-099 of the main Commerce 
Building.
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    The issues raised in the case briefs by parties to this 
administrative review and changed circumstances review are addressed in 
the Issues and Decision Memorandum from Barbara E. Tillman, Acting 
Deputy Assistant Secretary, to James J. Jochum, Assistant Secretary for 
Import Administration, (Decision Memorandum), dated December 13, 2004, 
which is hereby adopted by this notice. A list of the issues addressed 
in the Decision Memorandum is appended to this notice. The Decision 
Memorandum is on file in the Central Records Unit in Room B-099 of the 
main Commerce building, and can also be accessed directly on the Web at 
http://www.ia.ita.doc.gov/frn. The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our findings at verification, and analysis of comments 
received, we have made adjustments to the preliminary results 
calculation methodologies in calculating the final dumping margins in 
these proceedings. A brief description of the company-specific changes 
are discussed below. We note that for all respondents, we changed the 
calculation of normal value in our programming language so that the 
level of trade (LOT) adjustment was added to normal value instead of 
subtracted.

Abitibi

    In the Preliminary Results, we applied the adjustment for the 
byproduct offset to company-wide costs, but for the final results, we 
applied the adjustment to the cost of the mills in each province 
requiring an adjustment. Therefore, we applied the adjustment for the 
byproduct offset for wood chips on a province-specific basis.

Slocan

    In the Preliminary Results, the Department applied the U.S. Federal 
Reserve short-term interest rate in Slocan's calculations. Based on 
verification, the Department have now used a London Inter-Bank Offer 
Rate (LIBOR) in Slocan's calculations. The Department has also modified 
its programming language to reflect Slocan's billing adjustment fields 
as reported on a total per-line basis, and unlike in the Preliminary 
Results, the Department has refrained from deducting future revenues 
from Slocan's U.S. price.

Tembec

    For wood chips sold to affiliates, we made province-specific 
adjustments and applied the adjustments to the mills involved in 
affiliated sales of wood chips within the particular province.
    We recalculated Tembec's general and administrative (G&A) expense 
rate by allocating the corporate G&A expenses to all of its 
consolidated subsidiaries and joint ventures. We also revised Tembec's 
comparison market program to correctly incorporate all the home market 
verification changes.

Tolko

    We adjusted Tolko's reported cost of manufacture (TOTCOM) upward to 
account for purchases of logs from affiliated parties at non-arm's-
length prices.

West Fraser

    The Department used the incorrect database in the calculation of 
West Fraser's cost of production in the preliminary margin calculation. 
Therefore, for the final results, we used West Fraser's cost file based 
on the length-specific prices. We also applied the adjustment for the 
byproduct offset for wood chips on a province-specific basis. In the 
Preliminary Results, we applied the adjustment for the byproduct offset 
to company-wide costs, but for the final results, we applied the 
adjustment to the cost of the mills in each province requiring an 
adjustment.

[[Page 75924]]

Weyerhaeuser

    We have included purchased and harvested wood costs in the 
denominator used to calculate the adjustment factor related to 
miscellaneous revenues and expenses. For the Preliminary Results, we 
incorrectly applied the finger-jointing costs to all products, not just 
finger-jointed products. Therefore, for the final results we have 
revised the programming instructions to correct for this error. We have 
also revised Weyerhaeuser's G&A expense rate to include the closure and 
severance expenses incurred at the WCL and WSL level in their 
respective companies' G&A expense rates. In addition, we revised the 
headquarter parent company G&A expense rate, used to allocate the 
portion of the parent company expenses incurred on behalf of WCL and 
WSL, to exclude all charges for closure and severance expenses and a 
gain on a sale of a timberland located in the United States. We also 
changed the level of trade (LOT) classification of U.S. Vendor Managed 
Inventory sales from LOT 2 to LOT 1. We also recalculated U.S. 
inventory carrying costs using a short-term borrowing rate associated 
with U.S.-dollar loans in the United States. Additionally, where 
necessary, we changed our formula for this calculation to include gross 
unit price, net of U.S. selling expenses, instead of the total cost of 
manufacturing (TOTCOM). Finally, we added programming language to the 
margin program to ensure that there were no similar matches across 
product characteristics for category, species, or NLGA grade group.

Final Results of Changed Circumstances Review

    Based on the information provided by Canfor, and the fact that 
neither Canfor nor the petitioner raised any objections in their 
invited comments during the period following the preliminary results of 
this review, the Department determines that post-merger Canfor will be 
assigned a cash deposit rate reflecting a weighted-average of Canfor's 
and Slocan's respective cash deposit rates prior to the merger. 
Therefore, Canfor's new cash deposit rate is stated below in the 
``Final Results'' section. The new deposit rate will become effective 
upon publication of this notice in the Federal Register

Review-Specific Average Rate

    Due to the number of mandatory selected respondents, requests by 
companies to be considered as voluntary respondents, and complex 
circumstances unique to this review, the Department was not able to 
review all companies under the antidumping order. Therefore, the 
Department has determined a review-specific weighted-average margin for 
those companies that requested, but were not selected for, individual 
review. The review-specific average rate for these companies can be 
found in the final results below. This is distinguished from the ``All 
Others'' Rate, which is the weighted-average margin calculated in the 
investigation and which continues to apply to all exporters and 
producers not listed below.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margins exist for the period of April 10, 2002, 
through September 30, 2003:

------------------------------------------------------------------------
                                                             Weighted-
                        Producer                          average margin
                                                            (percentage)
------------------------------------------------------------------------
Abitibi (and its affiliates Produits Forestiers Petit               3.12
 Paris Inc., Produits Forestiers La Tuque Inc., and
 Societe En Commandite Scierie Opticiwan)...............
Buchanan (and its affiliates Atikokan Forest Products               4.76
 Ltd., Long Lake Forest Products Inc., Nakina Forest
 Products Limited,\6\ Buchanan Distribution Inc.,
 Buchanan Forest Products Ltd., Great West Timber Ltd.,
 Dubreuil Forest Products Ltd., Northern Sawmills Inc.,
 McKenzie Forest Products Inc., Buchanan Northern
 Hardwoods Inc., Northern Wood, and Solid Wood Products
 Inc.)..................................................
Canfor \7\ (and its affiliates Canadian Forest Products,            1.83
 Ltd, Lakeland Mills Ltd., The Pas Lumber Company Ltd.,
 Howe Sound Pulp and Paper Limited Partnership, and
 Skeena Cellulose)......................................
Tembec (and its affiliates Marks Lumber Ltd., Excel                10.59
 Forest Products, Les Industries Davidson Inc., Produits
 Forestiers Temrex Limited Partnership \8\).............
Tolko (and its affiliates Gilbert Smith Forest Products             3.85
 Ltd., Compwood Products Ltd., and Pinnacle Wood
 Products Ltd.).........................................
West Fraser (and its affiliates West Fraser Forest                  0.92
 Products Inc., and Seehta Forest Products Ltd.)........
Weyerhaeuser (and its affiliates Weyerhaeuser                       8.70
 Saskatchewan Ltd. and Monterra Lumber Mills Limited
 \9\)...................................................
Review-specific average rate applicable to the following
 companies:
    2 by 4 Lumber Sales Ltd.
    440 Services Ltd.
    582912 B.C. Ltd. (DBA Paragon Wood Products, Lumby)
    AFA Forest Products Inc.
    A.J. Forest Products Ltd.
    A.L. Stuckless & Sons Limited
    Abitibi-LP Engineered Wood, Inc.
    Age Cedar Products
    Alberta Spruce Industries Ltd.
    Allmac Lumber Sales Ltd.
    Alpa Lumber Mills Inc.
    American Bayridge Corporation
    Apex Forest Products Inc.
    Apollo Forest Products Ltd.
    Aquila Cedar Products Ltd.
    Arbutus Manufacturing Ltd.
    Armand Duhamel et fils Inc.
    Ashley Colter (1961) Limited
    Aspen Planers Ltd.
    Associated Cedar Products...........................
    Atco Lumber Ltd.
    AWL Forest Products
    Bakerview Forest Products Inc.

[[Page 75925]]

 
    Barrett Lumber Company Limited
    Barrette-Chapais Ltee
    Barry Maedel Woods & Timber
    Beaubois Coaticook Inc.
    Blanchette et Blanchette Inc.
    Bloomfield Lumber Limited
    Bois Cobodex (1995) Inc.
    Bois Daaquam Inc.
    Bois d'oeuvre Cedrico Inc.
    Bois Neos Inc.
    Bois Omega Ltee
    Bois Rocam Inc.
    Boisaco Inc.
    Boucher Forest Products Ltd.
    Bowater Canadian Forest Products Incorporated
    Bridgeside Higa Forest Industries Ltd.
    Brittania Lumber Company Limited
    Brouwer Excavating Ltd.
    Brunswick Valley Lumber Inc.
    Buchanan Lumber
    Burrows Lumber Inc.
    BW Creative Wood
    Byrnexco Inc.
    C.E. Harrison & Sons Ltd.
    Caledon Log Homes (FEWO)
    Caledonia Forest Products Ltd.
    Cambie Cedar Products Ltd.
    Canadian Lumber Company Ltd.
    Cando Contracting Ltd.
    Canex International Lumber Sales Ltd.
    Canwel Distribution Ltd.
    Canyon Lumber Company Ltd.
    Cardinal Lumber Manufacturing & Sales Inc
    Carrier Forest Products Ltd.
    Carrier Lumber Ltd.
    Carson Lake Lumber
    Cedarland Forest Products Ltd.
    Central Cedar
    Centurion Lumber Manufacturing (1983) Ltd.
    Chaleur Sawmills
    Cheminis Lumber Inc.
    Cheslatta Forest Products Ltd.
    Chisholm's (Roslin) Ltd.
    Choicewood Products Inc.
    City Lumber Sales & Services Ltd.
    Clair Industrial Development Corp. Ltd. (Waska)
    Clareco Industries Ltd
    Claude Forget Inc.
    Clearwood Industries Ltd.
    Coast Clear Wood Ltd.
    Colonial Fence Mfg. Ltd.
    Comeau Lumber Ltd.
    Commonwealth Plywood Co. Ltd.
    Cooper Creek Cedar Ltd.
    Cooperative Forestiere Laterriere
    Cottle's Island Lumber Co. Ltd.
    Coventry Forest Products Ltd.
    Cowichan Lumber Ltd
    Crystal Forest Industries Ltd.
    Curley's Cedar Post & Rail
    Cushman Lumber Co. Inc.
    D.S. McFall Holding Ltd.
    Dakeryn Industries Ltd.
    Deep Cove Forest Products
    Delco Forest Products Ltd.
    Delta Cedar Products Ltd.
    Devlin Timber Company (1992) Limited
    Devon Lumber Co. Ltd.
    Doman Forest Products Limited
    Doman Industries Limited
    Doman Western Lumber Ltd.
    Domexport Inc.

[[Page 75926]]

 
    Domtar Inc.
    Downie Timber Ltd.
    Duluth Timber Company
    Dunkley Lumber Ltd.
    E. Tremblay et fils Ltee
    E.R. Probyn Export Ltd.
    Eacan Timber Canada Ltd.
    Eacan Timber Limited
    Eacan Timber USA Ltd.
    East Fraser Fiber Co. Ltd.
    Eastwood Forest Products Inc.
    Edwin Blaikie Lumber Ltd.
    Elmira Wood Products Limited
    Elmsdale Lumber Company Limited
    Evergreen Empire Mills Incorporated
    EW Marketing
    F.L. Bodogh Lumber Co. Ltd.
    Falcon Lumber Limited
    Faulkener Wood Specialities Ltd.
    Fawcett Lumber
    Federated Co-operative Limited
    Finmac Lumber Limited
    Fontaine Inc. (dba J.A. Fontaine et fils Incorporee)
    Fraser Inc.
    Fraser Pacific Forest Products Inc.
    Fraser Pacific Lumber Company
    Fraser Pulp Chips Ltd.
    Fraserview Cedar Products Ltd
    Frontier Mills Inc.
    Georgetown Timber Limited
    Georgian Bay Forest Products Ltd.
    Gestofor Inc.
    Gogama Forest Products
    Goldwood Industries Ltd.
    Goodfellow Inc.
    Gorman Bros. Lumber Ltd.
    Great Lakes MSR Lumber Ltd.
    Greenwood Forest Products (1983) Ltd.
    Groupe Cedrico Inc.
    H.A. Fawcett & Son Limited
    H.J. Crabbe & Sons Ltd.
    Haida Forest Products Ltd.
    Hainesville Sawmill Ltd.
    Harry Freeman & Son Ltd.
    Hefler Forest Products Ltd.
    Hi-Knoll Cedar Inc.
    Hilmoe Forest Products Ltd.
    Hoeg Bros. Lumber Ltd.
    Holdright Lumber Products Ltd.
    Hudson Mitchell & Sons Lumber Inc.
    Hughes Lumber Specialities Inc.
    Hyak Speciality Wood
    Industrial Wood Specialities
    Industries Maibec Inc.
    Industries Perron Inc.
    Interior Joinery Ltd.
    International Forest Products Limited (Interfor)
    Isidore Roy Limited
    Ivis Wood Products
    J.A. Turner & Sons (1987) Limited
    J.D. Irving, Limited
    Jackpine Engineered Wood Products Inc.
    Jackpine Forest Products Ltd.
    Jamestown Lumber Company Limited
    Jasco Forest Products Ltd.
    Jointfor (3207021) Canada, Inc.
    Julimar Lumber Co. Limited
    Kenora Forest Products Limited
    Kent Trusses Ltd.
    Kenwood Lumber Ltd.
    Kispiox Forest Products
    Kruger, Inc.

[[Page 75927]]

 
    Lakeburn Lumber Limited
    Landmark Structural Lumber
    Landmark Truss & Lumber Inc.
    Langevin Forest Products, Inc.
    Langley Timber Company Ltd.
    Lawson Lumber Company Ltd.
    Lazy S Lumber
    Lecours Lumber Company
    Ledwidge Lumber Co. Ltd
    Leggett & Platt
    LeggettWood
    Les Bois d'Oeuvre Beaudoin & Gautheir Inc.
    Les Bois Lemelin Inc.
    Les Bois S&P Grondin Inc.
    Les Produits Forestiers D.G. Ltee
    Les Produits Forestiers Dube Inc.
    Les Produits Forestiers F.B.M. Inc.
    Les Produits Forestiers Maxibois Inc.
    Les Produits Forestiers Miradas Inc.
    Les Produits Forestiers Portbec Ltee
    Les Scieries du Lac St Jean Inc.
    Leslie Forest Products Ltd.
    Lignum Ltd.
    Lindsay Lumber Ltd.
    Liskeard Lumber Ltd.
    Littles Lumber Ltd.
    Lonestar Lumber Inc.
    Louisiana Pacific Corporation
    LP Canada Ltd.
    LP Engineered Wood Products Ltd.
    Lulumco Inc.
    Lyle Forest Products Ltd.
    M&G Higgins Lumber Ltd.
    M.F. Bernard Inc.
    M.L. Wilkins & Son Ltd.
    MacTara Limited
    Manitou Forest Products Ltd.
    Maple Creek Saw Mills Inc.
    Marcel Lauzon Inc.
    Marwood Ltd.
    Mary's River Lumber
    Materiaux Blanchette Inc.
    Max Meilleur & Fils Ltee
    McCorquindale Holdings Ltd.
    McNutt Lumber Company Ltd.
    Mercury Manufacturing Inc.
    Meunier Lumber Company Ltd.
    Mid America Lumber
    Midland Transport Limited
    Midway Lumber Mills Ltd.
    Mill & Timber Products Ltd.
    Millar Western Forest Products Ltd.
    Millco Wood Products Ltd.
    Mobilier Rustique (Beauce) Inc.
    Monterra Lumber Mills Limited
    Mountain View Specialty Products & Reload Inc.
    Murray A. Reeves Forestry Limited
    New West Lumber Ltd.
    N.F. Douglas Lumber Limited
    Nechako Lumber Co. Ltd.
    Newcastle Lumber Co. Inc.
    Nexfor Inc.
    Nicholson and Cates Limited
    Nickel Lake Lumber
    Norbord Industries Inc.
    North American Forest Products Ltd.
    North Enderby Timber Ltd.
    North Mitchell Lumber Co. Ltd.
    North Shore Timber Ltd.
    North Star Wholesale Lumber Ltd.
    Northchip Ltd.
    Northland Forest Products

[[Page 75928]]

 
    Olav Haavaldsrud Timber Company
    Olympic Industries Inc.
    Optibois Inc.
    P.A. Lumber & Planing Mill
    Pacific Lumber Remanufacturing Inc.
    Pacific Northern Rail Contractors Corp.
    Pacific Western Woodworks Ltd.
    Pallan Timber Products (2000) Ltd.
    Palliser Lumber Sales Ltd.
    Pan West Wood Products Ltd.
    Paragon Ventures Ltd. (DBA Paragon Wood Products,
     Grindrod)
    Parallel Wood Products Ltd.
    Pastway Planing Limited
    Pat Power Forest Products Corp.
    Paul Vallee Inc.
    Peak Forest Products Ltd.
    Peter Thomson & Sons Inc.
    Phoenix Forest Products Inc.
    Pope & Talbot Inc.
    Porcupine Wood Products Ltd.
    Portelance Lumber Capreol Ltd.
    Power Wood Corp.
    Precibois Inc.
    Preparabois Inc.
    Prime Lumber Limited
    Pro Lumber Inc.
    Produits Forestiers Labrieville
    Quadra Wood Products Ltd.
    R. Fryer Forest Products Ltd.
    Raintree Lumber Specialties Ltd.
    Ramco Lumber Ltd.
    Redtree Cedar Products Ltd.
    Redwood Value Added Products Inc.
    Ridgewood Forest Products Ltd.
    Rielly Industrial Lumber, Inc.
    Riverside Forest Products Ltd.
    Rojac Cedar Products Inc.
    Rojac Enterprises Inc.
    Rouck Bros. Sawmill Ltd.
    Russell White Lumber Limited
    Sauder Industries Limited
    Sawn Wood Products
    Schols Cedar Products
    Scierie Adrien Arseneault Ltee
    Scierie Beauchesne et Dube Inc
    Scierie Gaston Morin Inc.
    Scierie La Patrie, Inc.
    Scierie Landrienne Inc.
    Scierie Lapointe & Roy Ltee
    Scierie Leduc
    Scierie Nord-Sud Inc.
    Scierie West Brome Inc.
    Scott Lumber Ltd.
    Selkirk Speciality Wood Ltd.
    Shawood Lumber Inc.
    Sigurdson Bros. Logging Co. Ltd.
    Silvermere Forest Products Inc.
    Sinclar Enterprises Ltd.\10\
    Skana Forest Products Ltd.
    South-East Forest Products Ltd.
    South River Planing Mills Inc
    Spray Lake Sawmills (1980) Ltd.
    Spruce Forest Products Ltd.
    Spruce Products Limited
    St. Anthony Lathing Mills Ltd.
    St. Jean Lumber (1984) Ltd.
    Standard Building Products Ltd.
    Still Creek Forest Products Ltd.
    Stuart Lake Lumber Co. Ltd.
    Stuart Lake Marketing Company
    Sunbury Cedar Sales Ltd.
    Suncoast Lumber & Milling

[[Page 75929]]

 
    Sundance Forest Industries
    SWP Industries Inc.
    Sylvanex Lumber Products Inc.
    T.P. Downey & Sons Ltd.
    Taiga Forest Products
    Tarpin Lumber Incorporated
    Teal-Jones Group
    Teeda Corp
    Terminal Forest Products Ltd.
    T.F. Specialty Sawmill
    TimberWorld Forest Products Inc.
    T'loh Forest Products Limited Partnership
    Treeline Wood Products Ltd.
    Triad Forest Products Ltd.
    Twin Rivers Cedar Products Ltd.
    Tyee Timber Products Ltd.
    United Wood Frames Inc.
    Usine Sartigan Inc.
    Vancouver Specialty Cedar Products Ltd.
    Vanderhoof Specialty Wood Products
    Vandermeer Forest Products (Canada) Ltd.
    Vanderwell Contractors (1971) Ltd.
    Vanport Canada Co.
    Vernon Kiln & Millwork Ltd.
    Visscher Lumber Inc.
    W.C. Edwards Lumber
    W.I. Woodtone Industries Inc.
    Welco Lumber Corporation
    Weldwood of Canada Limited
    Wentworth Lumber Ltd.
    Wernham Forest Products
    West Bay Forest Products & Manufacturing Ltd.
    West Can Rail Ltd.
    West Chilcotin Forest Products Ltd.
    West Hastings Lumber Products
    Western Cleanwood Preservers Ltd.
    Western Commercial Millwork Inc.
    Western Wood Preservers Ltd.
    Westmark Products Ltd.
    Weston Forest Corp.
    West-Wood Industries Ltd.
    White Spruce Forest Products Ltd.
    Wilkerson Forest Products Ltd.
    Williams Brothers Limited
    Winnipeg Forest Products, Inc
    Woodko Enterprises Ltd
    Woodland Forest Products Ltd.
    Woodline Forest Products Ltd.
    Woodtone Industries, Inc.
    Wynndel Box & Lumber Co. Ltd                                   4.03.
------------------------------------------------------------------------
\6\ We note that Nakina Forest Products Limited is a division of Long
  Lake Forest Products, Inc., an affiliate of Buchanan Lumber Sales.
\7\ As stated in the final results of changed circumstances review,
  Canfor's weighted-average margin is based upon a weighted-average of
  Canfor's and Slocan's respective cash deposit rates prior to the
  merger. See Memorandum from Daniel O'Brien, International Trade
  Compliance Analyst, to The File, Re: Cash Deposit Rate for Canfor
  Corporation (December 13, 2004). We also note that, during the POR,
  Sinclar Enterprises Ltd. (Sinclar) acted as an affiliated reseller for
  Lakeland, an affiliate of Canfor. In this review, we reviewed the
  sales of Canfor and its affiliates; therefore, Canfor's weighted-
  average margin applies to all sales of subject merchandise produced by
  any member of the Canfor Group and sold by Sinclar. As Sinclar also
  separately requested a review, any sales of subject merchandise
  produced by another manufacturer and sold by Sinclar will receive the
  ``Review-Specific All Others'' rate. Finally, we note that Canadian
  Forest Products, Ltd, is a wholly owned subsidiary of Canfor and will
  receive Canfor's weighted-average margin.
\8\ We note that Produits Forestiers Temrex Limited Partnership is the
  same entity as the company Produits Forestiers Temrex Usine St.
  Alphonse, Inc. included in the initiation notice. See Notice of
  Initiation of Antidumping Duty Administrative Review, 68 FR 39059
  (July 1, 2003).
\9\ Based on the final results of the changed circumstances review,
  Monterra shall receive Weyerhaeuser's weighted-average margin until
  December 23, 2002; thereafter, the company will be subject to the
  review-specific average rate. See Notice of Final Results of
  Antidumping Duty Changed Circumstances Review, 68 FR 54891 (September
  19, 2003).
\10\ See footnote 7

Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries, pursuant to 19 CFR 351.212(b). The 
Department calculated importer-specific duty assessment rates on the 
basis of the ratio of the total amount of antidumping duties calculated 
for the examined sales to the total entered value of the examined sales 
for that importer. Where the assessment rate is above de minimis, we 
will instruct CBP to assess duties on all entries of subject 
merchandise by

[[Page 75930]]

that importer. The Department will issue appropriate assessment 
instructions directly to CBP within 15 days of publication of these 
final results of review.

Cash Deposits

    Furthermore, the following deposit requirements will be effective 
upon publication of the final results of this administrative review for 
all shipments of certain softwood lumber products from Canada entered, 
or withdrawn from warehouse, for consumption on or after the 
publication date of these final results, as provided by section 751(a) 
of the Tariff Act of 1930 (the Act), as amended: (1) For companies 
covered by this review, the cash deposit rate will be the rate listed 
above; (2) for merchandise exported by producers or exporters not 
covered in this review but covered in the investigation, the cash 
deposit rate will continue to be the company-specific rate from the 
final determination in the less-than-fair-value investigation; (3) if 
the exporter is not a firm covered in this review or the investigation, 
but the producer is, the cash deposit rate will be that established for 
the producer of the merchandise in these final results of review or in 
the final determination; and (4) if neither the exporter nor the 
producer is a firm covered in this review or the investigation, the 
cash deposit rate will be 8.43 percent, the ``All Others'' rate 
established in the less-than-fair-value investigation. These deposit 
requirements shall remain in effect until publication of the final 
results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred, and in the subsequent 
assessment of double antidumping duties.
    This notice also is the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. 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 the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 13, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix

I. General Issues
    Comment 1: Treatment of Countervailing Duties
    Comment 2: Collection of Cash Deposits
    Comment 3: Value-Based Cost Methodology
    Comment 4: Treatment of Non-Dumped Sales
    Comment 5: Price Reallocation
    Comment 6: Liquidation Instructions
    Comment 7: Valuation of Wood Chips
    Comment 8: Inclusion of Purchase Costs for Commingled Lumber
II. Company-Specific Issues
    Issues Specific to Abitibi
    Comment 9: General and Administrative Expense Offset-Sale of a 
Line of Business
    Comment 10: Calculation of Financial Expense Ratio-Asset or Cost 
of Sales Allocation
    Comment 11: Cost of Machine Stress Rated Testing
    Issues Specific to Buchanan
    Comment 12: Calculation of Buchanan's Credit Expense
    Comment 13: Assessment Rate for Buchanan Affiliates
    Issues Specific to Canfor
    Comment 14: Sinclar as an Affiliated Reseller
    Comment 15: Treatment of Purchased Lumber as Commingled 
Inventory
    Comment 16: Railcar Lease Revenue
    Comment 17: Calculation of Financial Expense Ratio-Net Financial 
Income
    Comment 18: Calculation of General and Administrative Expenses-
Sale of Land
    Comment 19: Cash Deposit Rate Instructions
    Issues Specific to Slocan
    Comment 20: Calculation of Stumpage Costs By Species
    Comment 21: Interest Expense Calculation-Credit Expense
    Comment 22: Clerical Error Allegations
    Issues Specific to Tembec
    Comment 23: General and Administrative Expense Rates-
Consolidated vs. Producer
    Comment 24: Financial Expense Ratio-Foreign Exchange Gains and 
Losses
    Comment 25: Clerical Errors
    Issues Specific to Tolko
    Comment 26: Lavington Sales
    Comment 27: Unreconciled Cost Differences
    Comment 28: Log Purchases from Affiliated Parties
    Comment 29: General and Administrative Expenses-Payments to 
Trade Council
    Comment 30: Allocation of Mixed-Length Tallies
    Issues Specific to West Fraser
    Comment 31: Exemption from Administrative Review
    Comment 32: Length-Specific Background Prices
    Comment 33: Start-Up Adjustment
    Issues Specific to Weyerhaeuser
    Comment 34: Freight Calculations
    Comment 35: General and Administrative Expense Calculation--
Severance and Closure Sale of Timber Mill
    Comment 36: British Columbia Coastal's Log Costs
    Comment 37: Below-Cost Sales
    Comment 38: Level of Trade Classification of Home Market and 
U.S. Vendor Managed Inventory Sales
    Comment 39: Interest Rate for U.S. Inventory Carrying Costs
    Comment 40: Clerical Errors
    Comment 41: Clerical Errors in Cost Calculation
    Issues Specific to Lignum
    Comment 42: Respondents Selected for Administrative Review
    Issues Specific to the Changed Circumstances Review
    Comment 43: Changed Circumstances Review
 [FR Doc. E4-3751 Filed 12-17-04; 8:45 am]
BILLING CODE 3510-DS-P