[Federal Register Volume 70, Number 36 (Thursday, February 24, 2005)]
[Notices]
[Pages 9046-9048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-763]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-839]


Notice of Amended Final Results of Countervailing Duty 
Administrative Review: Certain Softwood Lumber Products from Canada

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

EFFECTIVE DATE: February 24, 2005.

FOR FURTHER INFORMATION CONTACT: Robert Copyak (202) 482-2209, AD/CVD 
Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, Room 4012, 14th Street and

[[Page 9047]]

Constitution Avenue, N.W., Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION: On December 13, 2004, in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act), the 
Department of Commerce (the Department) determined that countervailable 
subsidies were being provided with respect to certain softwood lumber 
products from Canada. See Notice of Final Results of Countervailing 
Duty Administrative Review and Rescission of Certain Company-Specific 
Reviews: Certain Softwood Lumber Products from Canada, 69 FR 75917 
(December 20, 2004) (Final Results). On January 10, 2005, the Coalition 
for Fair Lumber Imports Executive Committee (petitioners) and the 
Governments of Canada, Alberta, British Columbia, Manitoba, Ontario, 
Saskatchewan, Quebec, Northwest Territories and the Yukon Territory, 
the British Columbia Lumber Trade council and its constituent 
associations, the Ontario Forest Industries Association, the Ontario 
Lumber Manufacturers Association, and the Quebec Lumber Manufacturers 
Association (collectively, the Canadian parties) alleged ministerial 
errors in the calculations of the Final Results. On January 14, 2005, 
petitioners submitted rebuttal comments regarding the allegations. As a 
consequence of an extension granted by the Department pursuant to 19 
CFR 351.224(c)(4), these ministerial error comments were submitted 
timely.

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 subheadings 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 subject to 
this order is dispositive.
    As specifically stated in the Issues and Decision Memorandum 
accompanying the Notice of Final Determination of Sales at Less Than 
Fair Value: Certain Softwood Lumber Products from Canada, 67 FR 15539 
(April 2, 2002) (see comment 53, item D, page 116, and comment 57, item 
B-7, page 126), available at www.ia.ita.doc.gov/frn, drilled and 
notched lumber and angle cut lumber are covered by the scope of this 
order.
    The following softwood lumber products are excluded from the scope 
of this order provided they meet the specified requirements detailed 
below:
    (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.
    (5) 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) if the importer establishes to the 
satisfaction of U.S. Customs and Border Protection (CBP) that the 
lumber is of U.S. origin.
    (6) Softwood lumber products contained in single family home 
packages or kits,\1\ regardless of tariff classification, are excluded 
from the scope of this order if the importer certifies to items 6 A, B, 
C, D, and requirement 6 E is met:
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    \1\ To ensure administrability, we clarified the language of 
exclusion number 6 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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A. 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;
B. The package or kit must contain all necessary internal and external 
doors and windows, nails, screws, glue, sub floor, sheathing, beams, 
posts, connectors, and if included in the purchase contract, decking, 
trim, drywall and roof shingles specified in the plan, design or 
blueprint.
C. 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;
D. Softwood lumber products entered as part of a single family home 
package or kit, whether in a single entry or multiple entries on 
multiple days, will be used solely for the construction of the single 
family home specified by the home design matching the entry.

[[Page 9048]]

E. For each entry, the following documentation must be retained by the 
importer and made available to CBP upon request:
    i. A copy of the appropriate home design, plan, or blueprint 
matching the entry;
    ii. A purchase contract from a retailer of home kits or packages 
signed by a customer not affiliated with the importer;
    iii. A listing of inventory of all parts of the package or kit 
being entered that conforms to the home design package being entered;
    iv. In the case of multiple shipments on the same contract, all 
items listed in E(iii) which are included in the present shipment shall 
be identified as well.
    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 4418.90.45.90, 4421.90.70.40, 
and 4421.90.97.40.
    Finally, as clarified throughout the course of the investigation, 
the following products, previously identified as Group A, remain 
outside the scope of this order. They are:
    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 4421.90.98.40;
    7. Properly classified complete door frames;
    8. Properly classified complete window frames;
    9. Properly classified furniture.

Amended Final Results

    In accordance with section 751(h) of the Act, we have determined 
that ministerial errors were made in the calculations of the Final 
Results. For a detailed discussion of the ministerial error allegations 
and the Department's analysis, see Memorandum to Barbara E. Tillman, 
Acting Deputy Assistant Secretary, ``Ministerial Error Allegations 
Filed by Petitioners and Canadian Parties; Amendment to the Ad Valorem 
Rate Calculated in the Notice of Amended Final Results of 
Countervailing Duty Administrative Review: Certain Softwood Lumber 
Products from Canada,'' dated February 16, 2005, which is on file in 
the Central Records Unit, room B-099 of the main Department building.
    In accordance with section 777(A)(e)(2)(B) of the Act, we 
calculated a single country-wide ad valorem subsidy rate of 17.18 
percent in the Final Results to be applied to all producers and 
exporters of the subject merchandise from Canada, other than those 
producers that have been excluded from the order and those producers 
receiving an individual rate in this review. In accordance with section 
751(h) of the Act and 19 CFR 351.224(e), we are amending the Final 
Results to correct ministerial errors. As a result of amending the 
calculations of the Final Results, the country-wide rate changed to 
16.37 percent ad valorem.
    We have determined that Fontaine Inc., Les Produits Forestiers Dube 
Inc., Scierie West Brome Inc., and Scierie Lapointe & Roy Ltee. each 
received zero or de minimis net subsidies during the period of review. 
We have also determined to rescind the reviews with respect to Bear 
Lumber Ltd., Bois Daaquam Inc., Cambie Cedar Products Ltd., Midway 
Lumber Mills Ltd., Nickel Lake Lumber, Twin Rivers Cedar Products Ltd., 
and Uphill Wood Supply Inc.
    The Department has previously excluded the following companies from 
this order:
     Armand Duhamel et fils Inc.
     Bardeaux et Cedres
     Beaubois Coaticook Inc.
     Busque & Laflamme Inc.
     Carrier & Begin Inc.
     Clermond Hamel
     J.D. Irving, Ltd.
     Les Produits Forestiers D.G., Ltee
     Marcel Lauzon Inc.
     Mobilier Rustique
     Paul Vallee Inc.
     Rene Bernard, Inc.
     Roland Boulanger & Cite. Ltee
     Scierie Alexandre Lemay
     Scierie La Patrie, Inc.
     Scierie Tech, Inc.
     Wilfrid Paquet et fils, Ltee
     B. Luken Logging Ltd.
     Frontier Lumber
     Sault Forest Products Ltd.
     Interbois Inc.
     Les Moulures Jacomau
     Richard Lutes Cedar Inc.
     Boccam Inc.
     Indian River Lumber
     Sechoirs de Beauce Inc.
    See Notice of Amended Final Affirmative Countervailing Duty 
Determination and Notice of Countervailing Duty Order: Certain Softwood 
Lumber Products from Canada, 67 FR 36068 (May 22, 2002), as corrected 
(67 FR 37775, May 30, 2002), Final Results of Countervailing Duty 
Expedited Reviews: Certain Softwood Lumber Products from Canada, 68 FR 
24436 (May 7, 2003), and Final Results, Reinstatement, Partial 
Rescission of Countervailing Duty Expedited Reviews, and Company 
Exclusions: Certain Softwood Lumber Products From Canada, 69 FR 10982 
(March 9, 2004).
    Finally, certain softwood lumber products from the Maritime 
Provinces are exempt from this countervailing duty order. This 
exemption, however, does not apply to softwood lumber products produced 
in the Maritime Provinces from Crown timber harvested in any other 
province.
    In accordance with 19 CFR 356.8, we will instruct CBP, on or after 
the 41st day after publication of the amended final results of this 
review, to liquidate shipments of certain softwood lumber products from 
Canada entered, or withdrawn from warehouse, for consumption from May 
22, 2002, through March 31, 2003, at the above indicated company-
specific and aggregate ad valorem net subsidy rates. We will direct CBP 
to exempt from the application of the order only entries of softwood 
lumber products from Canada which are accompanied by an original 
Certificate of Origin issued by the Maritime Lumber Bureau (MLB), and 
those of the excluded companies listed above.
    In addition, we will instruct CBP to collect cash deposits of 
estimated countervailing duties in the amounts indicated above of the 
f.o.b. price on all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of these amended final results of review.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1), 751(h) and 777(i)(1) of the Act.

    Dated: February 16, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-763 Filed 2-23-05; 8:45 am]
BILLING CODE 3510-DS-S