[Federal Register Volume 70, Number 160 (Friday, August 19, 2005)]
[Notices]
[Pages 48673-48675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4540]


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

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

SUMMARY: The Department of Commerce (the Department) has determined, 
pursuant to section 751(b) of the Tariff Act of 1930, as amended (the 
Act), that Western Forest Products Inc. (WFP) and its subsidiaries, WFP 
Products Limited, WFP Western Lumber Ltd., and WFP Lumber Sales Limited 
(collectively, ``the WFP Entities''), are the successors-in-interest to 
Doman Industries Limited, Doman Forest Products Limited, and Doman 
Western Lumber Ltd. (collectively, ``the Doman Entities'') and, as a 
result, should be accorded the same treatment previously accorded to 
the Doman Entities in regard to the antidumping order on certain 
softwood lumber products from Canada as of the date of publication of 
this notice in the Federal Register.

EFFECTIVE DATE: August 19, 2005.

FOR FURTHER INFORMATION CONTACT: Constance Handley or David Neubacher, 
at (202) 482-0631 or (202) 482-5823, 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 May 27, 2005, WFP requested that the Department initiate and 
conduct an expedited changed circumstances review, in accordance with 
section 751(b) of the Act and section 351.216(b) of the Department's 
regulations, to confirm that the WFP Entities are the successors-in-
interest to the Doman Entities. On June 29, 2005, the Department 
initiated this review and simultaneously issued its preliminary results 
that the WFP Entities are the successors-in-interest to the Doman 
Entities and should receive the Doman Entities' cash deposit rate of 
3.78 percent. See Notice of Initiation and Preliminary Results of 
Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber 
Products from Canada, 70 FR 37327 (June 29, 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 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 the due date of the case briefs. 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

[[Page 48674]]

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.\1\
---------------------------------------------------------------------------

    \1\ For further clarification pertaining to this exclusion, see 
the additional language concluding the scope description below.
---------------------------------------------------------------------------

     Softwood lumber products contained in single family home 
packages or kits,\2\ regardless of tariff classification, are excluded 
from the scope of the orders if the following criteria are met:
---------------------------------------------------------------------------

    \2\ 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.
---------------------------------------------------------------------------

    (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.\3\ The presumption of non-subject status can, however, be 
rebutted by evidence demonstrating that the merchandise was 
substantially transformed in Canada.
---------------------------------------------------------------------------

    \3\ 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.
---------------------------------------------------------------------------

Final Results of Changed Circumstances Review

    Based on the information provided by WFP, and the fact that the 
Department did not receive any comments during the comment period 
following the preliminary results of this review, the Department 
confirms its preliminary determination that the WFP Entities are the 
successors-in-interest to the Doman Entities for antidumping duty cash 
deposit purposes.

[[Page 48675]]

Instructions to the U.S. Customs and Border Protection

    The Department will instruct CBP to suspend liquidation of all 
shipments of the subject merchandise produced and exported by the WFP 
Entities entered, or withdrawn from warehouse, for consumption, on or 
after the publication date of this notice at 3.78 percent (i.e., the 
Doman Entities' cash deposit rate). This deposit rate shall remain in 
effect until publication of the final results of the ongoing 
administrative review, in which the WFP Entities/Doman Entities are 
participating.
    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 published in accordance with sections 751(b) and 
777(i)(1) of the Act, and section 351.216(e) of the Department's 
regulations.

    Dated: August 12, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4540 Filed 8-18-05; 8:45 am]
BILLING CODE: 3510-DS-S