[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Notices]
[Pages 30084-30086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2655]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-838]


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

AGENCY: AGENCY: Import Administration, International Trade 
Administration, Department of Commerce.
SUMMARY: The Department has determined that entries of certain

[[Page 30085]]

softwood lumber products produced and exported by Produits Forestiers 
Saguenay Inc., shall be subject to the Abitibi Group cash deposit rate 
of 3.12 percent as of the date of publication of this notice in the 
Federal Register.

EFFECTIVE DATE: May 25, 2005.

FOR FURTHER INFORMATION CONTACT: Constance Handley or Saliha Loucif, 
AD/CVD Enforcement, Office 1, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0631 or (202) 482-1779, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 29, 2004, in accordance with section 751(b)(1) of the 
Tariff Act of 1930 (the Act) and 19 CFR 351.216(b) (2004), the Abitibi 
Group and Produits Forestiers Saguenay (PFS), both Canadian producers 
of softwood lumber products and interested parties in this proceeding, 
filed a request for a changed circumstances review. The Abitibi Group 
is composed of Abitibi-Consolidated Inc. (ACI), Abitibi Consolidated 
Company of Canada (ACCC), Produits Forestiers Petit Paris Inc. (PFPP), 
and Societe en Commandite Scierie Opitciwan (Opitciwan).
    In response to this request, the Department of Commerce (the 
Department) initiated a changed circumstances review of the antidumping 
duty order on certain softwood lumber from Canada. See Initiation of 
Antidumping Duty Changed Circumstances Review: Certain Softwood 
Products from Canada, 69 FR 53681 (September 2, 2004) (Initiation 
Notice). On October 18, 2004, the Department issued to the Abitibi 
Group a questionnaire requesting further details on PFS' affiliation 
with the Abitibi Group. The Abitibi Group's response was received by 
the Department on November 18, 2004. The petitioner, the Coalition of 
Fair Lumber Imports Executive Commission, did not file comments with 
respect to the request.
    On March 30, 2005, the Department published the preliminary results 
of this changed circumstances review and preliminarily determined that 
entries naming PFS as manufacturer and exporter should receive the 
Abitibi's cash deposit rate of 3.12 percent. See Certain Softwood 
Lumber Products From Canada: Notice of Preliminary Results of 
Antidumping Duty Changed Circumstances Review, 70 FR 16219 (March 30, 
2005) (Preliminary Results). 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 20 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 the case briefs 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). 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 [frac3s4] 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

[[Page 30086]]

board, and sanding, and 2) if the importer establishes to U.S. Customs 
and Border Protection's (CBP) satisfaction that the lumber is of U.S. 
origin.
     Softwood lumber products contained in single family home 
packages or kits,\1\ regardless of tariff classification, are excluded 
from the scope of the orders if the following criteria are met:
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    \1\ 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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    (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, subfloor, sheathing, 
beams, posts, connectors and if included in 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) 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;
    (E) 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.\2\ The presumption of non-subject status can, however, be 
rebutted by evidence demonstrating that the merchandise was 
substantially transformed in Canada.
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    \2\ 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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Final Results of Changed Circumstances Review

    Based on the information provided by the Abitibi Group 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 PFS shall receive the Abitibi's cash deposit 
rate of 3.12 percent. PFS's new deposit rate will become effective upon 
publication of this notice in the Federal Register.

Instructions to the U.S. Customs and Border Protection

    The Department will instruct the U.S. Customs and Border Protection 
(CBP) to apply the Abitibi Group's cash deposit rate of 3.12 percent to 
all shipments of the subject merchandise produced and exported by PFS 
entered, or withdrawn from warehouse, for consumption, on or after the 
publication date of this notice. This deposit rate shall remain in 
effect until publication of the final results of the next 
administrative review in which Abitibi Group participates.
    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) and 777(i)(1) of 
the Act, and section 351.221(c)(3)(i) of the Department's regulations.

    Dated: May 18, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2655 Filed 5-24-05; 8:45 am]
BILLING CODE 3510-DS-S