[Federal Register Volume 85, Number 124 (Friday, June 26, 2020)]
[Notices]
[Page 38360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13812]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-857; C-122-858]


Antidumping and Countervailing Duty Orders on Certain Softwood 
Lumber Products from Canada: Notice of Court Decision Not in Harmony 
With Final Scope Ruling and Notice of Amended Final Scope Ruling 
Pursuant to Court Decision

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is notifying the public 
that the Court of International Trade's (CIT) final judgment in Shake 
and Shingle Alliance v. United States, Court No. 18-00228, is not in 
harmony with Commerce's final scope ruling and is, therefore, finding 
that certain cedar shakes and shingles exported by the Shake and 
Shingle Alliance (SSA) are not within the scope of the antidumping (AD) 
and countervailing duty (CVD) orders on certain softwood lumber 
(softwood lumber) from Canada.

DATES: Applicable April 30, 2020.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-5831.

SUPPLEMENTARY INFORMATION:

Background

    Commerce issued the AD and CVD orders on softwood lumber from 
Canada on January 3, 2018.\1\ On September 10, 2018, in response to a 
scope ruling request filed by SSA, Commerce issued its Final Scope 
Ruling, finding that certain cedar shakes and shingles exported by SSA 
are covered by the scope of the Orders.\2\ As a result of the Final 
Scope Ruling, Commerce instructed U.S. Customs and Border Protection 
(CBP) to continue suspension of liquidation of entries of SAA's certain 
cedar shakes and shingles.\3\
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    \1\ See Certain Softwood Lumber Products From Canada: Amended 
Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order, 83 FR 347 (January 3, 2018); and Certain 
Softwood Lumber Products from Canada: Antidumping Duty Order and 
Partial Amended Final Determination, 83 FR 350 (January 3, 2018) 
(collectively, the Orders).
    \2\ See Antidumping and Countervailing Duty Orders on Certain 
Softwood Lumber Products from Canada: Final Scope Ruling--Cedar 
Shakes and Shingles, dated September 10, 2018 (Final Scope Ruling).
    \3\ See CBP Message Numbers 9045306 and 9045308, dated February 
14, 2019.
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    SAA challenged Commerce's Final Scope Ruling before the CIT. On 
November 13, 2019, the CIT remanded the Final Scope Ruling to Commerce 
to further consider the record as it pertains to the determination of 
the subject merchandise, to further consider record evidence as it 
pertains to the determination of whether cedar shakes and shingles are 
within the scope of the Orders, and to further consider prior 
determinations, including but not limited to scope rulings, in 
accordance with 19 CFR 351.225(k)(1).\4\
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    \4\ See Shake and Shingle Alliance v. United States, Slip Op. 
19-140, Court No. 18-00228 (CIT 2019) (Remand Order).
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    Pursuant to the CIT's Remand Order, on remand, Commerce 
reconsidered its Final Scope Ruling and determined that SSA's certain 
cedar shakes and shingles do not fall within the scope of the 
Orders.\5\ Specifically, Commerce determined that the petitioner never 
intended for cedar shakes and shingles to be covered by the Orders.\6\ 
On April 20, 2020, the CIT sustained Commerce's Final Remand 
Results.\7\
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    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, Shake and Shingle Alliance v. United States, Court No. 18-
00228, Slip Op. 19-140 (CIT November 2019), dated February 13, 2020 
(Final Remand Results).
    \6\ Id. at 15.
    \7\ See Shake and Shingle Alliance v. United States, Court No. 
18-00228, Slip Op. 20-52 (CIT April 20, 2020).
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Timken Notice

    In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\ 
the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant 
to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the 
Act), Commerce must publish a notice of a court decision that is not 
``in harmony'' with a Commerce determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision. The 
CIT's April 20, 2020, judgment in this case constitutes a final 
decision of the court that is not in harmony with Commerce's Final 
Scope Ruling. This notice is published in fulfillment of the 
publication requirements of Timken.
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    \8\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \9\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F. 3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Scope Ruling

    Because there is now a final court decision with respect to this 
case, Commerce is amending its final scope ruling and finds that the 
scope of the Orders do not cover certain cedar shakes and shingles 
exported by SSA. Commerce will instruct CBP to liquidate entries of 
certain cedar shakes and shingles exported by SSA without regard to AD 
and or CVD duties, and to lift suspension of liquidation of such 
entries.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1) of the Act.

    Dated: June 22, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2020-13812 Filed 6-25-20; 8:45 am]
BILLING CODE 3510-DS-P