[Federal Register Volume 71, Number 52 (Friday, March 17, 2006)]
[Notices]
[Pages 13811-13813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3935]


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

EFFECTIVE DATE: March 17, 2006.

FOR FURTHER INFORMATION CONTACT: Shane Subler or David Neubacher at 
(202) 482-0189 or (202) 482-5823, respectively; AD/CVD Operations, 
Office 1, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14\th\ Street & Constitution Avenue, NW., 
Washington, DC 20230.
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 the post-acquisition West Fraser Mills Ltd. (West Fraser) is 
the successor-in-interest to pre-acquisition West Fraser and, as a 
result, should continue to be accorded the same treatment previously 
accorded with 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.

SUPPLEMENTARY INFORMATION:

Background

    On January 13, 2006, the Department published in the Federal 
Register the preliminary results of this changed circumstances 
review.\1\ For the Preliminary Results, we found that the post-
acquisition West Fraser was the successor-in-interest to pre-
acquisition West Fraser.
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    \1\ See Notice of Preliminary Results of Antidumping Duty 
Changed Circumstances Review: Certain Softwood Lumber Products from 
Canada, 71 FR 2189 (January 13, 2006) (Preliminary Results).
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    We invited parties to comment on the Preliminary Results and 
received a case brief from a domestic interested party\2\ and a 
rebuttal brief from West Fraser. We did not receive a request for a 
hearing.
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    \2\ The domestic interested party is the Coalition for Fair 
Lumber Imports Executive Committee.
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Scope of the Order\3\
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    \3\ For the Preliminary Results and other segments of this 
proceeding, the Department erroneously described the scope as it was 
stated in the Department's final determination of the original less 
than fair value (LTFV) investigation. As a result of discussions 
between the Department and U.S. Customs and Border Protection (CBP), 
minor wording changes were made between the final determination and 
the order. Therefore, we have used herein the scope language exactly 
as stated in the order, as we will continue to do for all following 
segments of this proceeding. We note that the edits made to the 
language between the final determination and the order did not alter 
or modify in any way the products covered by the scope. See Notice 
of Final Determination of Sales at Less Than Fair Value: Certain 
Softwood Lumber Products from Canada, 67 FR 15539 (April 2, 2002); 
see also Notice of Amended Final Determination of Sales at Less Than 
Fair Value and Antidumping Duty Order: Certain Softwood Lumber 
Products From Canada, 67 FR 36067 (May 22, 2002).
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    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 mouldings 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.

[[Page 13812]]

    Although the HTSUS subheadings are provided for convenience and 
U.S. 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 CBP that the lumber is of U.S. origin.
    (6) Softwood lumber products contained in single family home 
packages or kits,\4\ 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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    \4\ 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.
    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; and
    9. Properly classified furniture.
    In addition, this scope language was further clarified to 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 countervailing duty order, 
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.
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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 Room B-099 of the Central Records Unit (CRU) of 
the Main Commerce Building.
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    On March 3, 2006, the Department issued a scope ruling that any 
product entering under HTSUS 4409.10.05 which is continually shaped 
along its end and/or side edges which otherwise

[[Page 13813]]

conforms to the written definition of the scope is within the scope of 
the order.\6\
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    \6\ See Memorandum from Constance Handley, Program Manager to 
Stephen J. Claeys, Deputy Assistant Secretary regarding: Scope 
Request by the Petitioner Regarding Entries Made Under HTSUS 
4409.10.05, dated March 3, 2006.
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Analysis of Comments Received

    The issues raised in the case and rebuttal briefs by parties to 
this changed circumstances review are addressed in the Issues and 
Decision Memorandum to Joseph A. Spetrini, Acting Assistant Secretary 
for Import Administration, from Stephen J. Claeys, Deputy Assistant 
Secretary (Decision Memorandum), which is hereby adopted by 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://ia.ita.doc.gov/frn/index.html. The paper 
copy and electronic version of the Decision Memorandum are identical in 
content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made no changes 
since the Preliminary Results.

Instructions to CBP

    We will notify CBP that Weldwood no longer exists as a separate 
corporate entity and that the company-specific case number for Weldwood 
in the AD/CVD module should no longer be used.

Administrative Protection Order

    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: March 10. 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-3935 Filed 3-16-06; 8:45 am]
BILLING CODE 3510-DS-S