[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Notices]
[Pages 32376-32377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14718]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-566 and 731-TA-1342 (Final)]


Softwood Lumber from Canada; Scheduling of the Final Phase of 
Countervailing Duty and Antidumping Duty Investigations

AGENCY:  United States International Trade Commission.

ACTION: Notice.

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SUMMARY:  The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-566 and 731-TA-1342 (Final) pursuant to the Tariff Act of 1930 
(``the Act'') to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of softwood lumber from Canada, provided 
for in subheadings 4407.10.01, 4409.10.05, 4409.10.10, 4409.10.20, 
4409.10.90, 4418.90.10. Subject merchandise may also be classified in 
subheadings 4415.20.40, 4415.20.80, 4418.99.90, 4421.91.70, and 
4421.91.97 of the Harmonized Tariff Schedule of the United States, 
preliminarily determined by the Department of Commerce to be subsidized 
and sold at less-than-fair-value.

DATES:  Effective June 30, 2017.

FOR FURTHER INFORMATION CONTACT:  Fred Ruggles (202-205-3187, 
[email protected]), Office of Investigations, U.S. International 
Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting 
the Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000. 
General information concerning the Commission may also be obtained by 
accessing its internet server (https://www.usitc.gov). The public 
record for these investigations may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as softwood lumber, 
siding, flooring and certain other coniferous wood (softwood lumber 
products).\1\ The scope includes:
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    \1\ Certain Softwood Lumber Products From Canada: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 82 FR 
29833, June 30, 2017
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    Coniferous wood, sawn, or chipped lengthwise, sliced or peeled, 
whether or not planed, whether or not sanded, or whether or not finger-
jointed, of an actual thickness exceeding six millimeters.
    Coniferous wood siding, flooring, and other coniferous wood (other 
than moldings and dowel rods), including strips and friezes for parquet 
flooring, that is continuously shaped (including, but not limited to, 
tongued, grooved, rebated, chamfered, V-jointed, beaded, molded, 
rounded) along any of its edges, ends, or faces, whether or not planed, 
whether or not sanded, or whether or not end-jointed.
    Coniferous drilled and notched lumber and angle cut lumber.
    Coniferous lumber stacked on edge and fastened together with nails, 
whether or not with plywood sheathing.
    Components or parts of semi-finished or unassembled finished 
products made from subject merchandise that would otherwise meet the 
definition of the scope above.
    Softwood lumber product imports are generally entered under Chapter 
44 of the Harmonized Tariff Schedule of the United States (HTSUS). This 
chapter of the HTSUS covers ``Wood and articles of wood.'' Softwood 
lumber products that are subject to this investigation are currently 
classifiable under the following ten-digit HTSUS subheadings in Chapter 
44: 4407.10.01.01; 4407.10.01.02; 4407.10.01.15; 4407.10.01.16; 
4407.10.01.17; 4407.10.01.18; 4407.10.01.19; 4407.10.01.20; 
4407.10.01.42; 4407.10.01.43; 4407.10.01.44; 4407.10.01.45; 
4407.10.01.46; 4407.10.01.47; 4407.10.01.48; 4407.10.01.49; 
4407.10.01.52; 4407.10.01.53; 4407.10.01.54; 4407.10.01.55; 
4407.10.01.56; 4407.10.01.57; 4407.10.01.58; 4407.10.01.59; 
4407.10.01.64; 4407.10.01.65; 4407.10.01.66; 4407.10.01.67; 
4407.10.01.68; 4407.10.01.69; 4407.10.01.74; 4407.10.01.75; 
4407.10.01.76; 4407.10.01.77; 4407.10.01.82; 4407.10.01.83; 
4407.10.01.92; 4407.10.01.93; 4409.10.05.00; 4409.10.10.20; 
4409.10.10.40; 4409.10.10.60; 4409.10.10.80; 4409.10.20.00; 
4409.10.90.20; 4409.10.90.40; and 4418.99.10.00.
    Subject merchandise as described above might be identified on entry 
documentation as stringers, square cut box-spring-frame components, 
fence pickets, truss components, pallet components, flooring, and door 
and window frame parts. Items so identified might be entered under the 
following ten-digit HTSUS subheadings in Chapter 44: 4415.20.40.00; 
4415.20.80.00; 4418.99.90.05; 4418.99.90.20; 4418.99.90.40; 
4418.99.90.95; 4421.91.70.40; and 4421.91.97.80.
    Although these HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of these 
investigations is dispositive.
    The scope of the order excludes the following items: U.S.-origin 
lumber shipped to Canada for processing and imported into the United 
States is excluded from the scope of the investigations if the 
processing occurring in Canada is limited to one or more of the 
following: (1) Kiln drying; (2) planing to create smooth-to-size board; 
or (3) sanding. Box-spring frame kits are excluded 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 must be 
radius-cut at both ends. The kits must be individually packaged and 
must 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 are excluded. The radius cuts must be present on both ends 
of the boards and must be substantially cut so as to completely round 
one corner.
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by the Department of Commerce that certain 
benefits which constitute subsidies within the meaning of section 703 
of the Act (19 U.S.C. 1671b) are being provided to manufacturers, 
producers, or exporters in Canada of

[[Page 32377]]

softwood lumber, and that such products are being sold in the United 
States at less than fair value within the meaning of section 733 of the 
Act (19 U.S.C. 1673b). The investigations were requested in petitions 
filed on November 25, 2016, by the Committee Overseeing Action for 
Lumber International Trade Investigations or Negotiations (the 
``Coalition'').\2\
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    \2\ The Coalition is an ad hoc association whose members are: 
U.S. Lumber Coalition, Inc., Collum's Lumber Products, L.L.C., 
Hankins, Inc., Potlach Corp., Rex Lumber Company, Seneca Sawmill 
Company, Sierra Pacific Industries, Stimson Lumber Company, Swanson 
Group, Weyerhaeuser Company, Carpenters Industrial Council, Giustina 
Land and Timber Company, Sullivan Forestry Consultants, Inc. The 
Coalition is ``an association, a majority of whose members is 
composed of interested parties'' described in Section 771(9)(C) of 
the Act, 19 U.S.C. 1677(9)(C).
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on August 
28, 2017, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on Tuesday, 
September 12, 2017, at the U.S. International Trade Commission 
Building. Requests to appear at the hearing should be filed in writing 
with the Secretary to the Commission on or before September 6, 2017. A 
nonparty who has testimony that may aid the Commission's deliberations 
may request permission to present a short statement at the hearing. All 
parties and nonparties desiring to appear at the hearing and make oral 
presentations should participate in a prehearing conference to be held 
on September 8, 2017, at the U.S. International Trade Commission 
Building, if deemed necessary. Oral testimony and written materials to 
be submitted at the public hearing are governed by sections 
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties 
must submit any request to present a portion of their hearing testimony 
in camera no later than 7 business days prior to the date of the 
hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is September 5, 2017. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is September 19, 2017. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before September 19, 2017. On October 6, 2017, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before October 10, 2017, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on E-Filing, 
available on the Commission's Web site at https://edis.usitc.gov, 
elaborates upon the Commission's rules with respect to electronic 
filing.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: July 10, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-14718 Filed 7-12-17; 8:45 am]
 BILLING CODE 7020-02-P