[Federal Register Volume 88, Number 63 (Monday, April 3, 2023)]
[Notices]
[Pages 19613-19614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06791]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-858]


Certain Softwood Lumber Products From Canada: Final Results of 
the Expedited Sunset Review of the Countervailing Duty Order

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

SUMMARY: The U.S. Department of Commerce (Commerce) finds that 
revocation of the countervailing duty (CVD) order on certain softwood 
lumber products (softwood lumber) from Canada would be likely to lead 
to continuation or recurrence of countervailable subsidies at the 
levels indicated in the ``Final Results of Sunset Review'' section of 
this notice.

DATES: Applicable April 3, 2023.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Laura Griffith, AD/
CVD Operations, Office III, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4793 and (202) 
482-6430, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On January 3, 2018, Commerce published the Order on softwood lumber 
from Canada.\1\ On December 1, 2022, Commerce published the notice of 
initiation of the first sunset review of the Order, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On December 
5 and 16, 2022, Commerce received notices of intent to participate in 
this review from the Committee Overseeing Action for Lumber 
International Trade Investigations or Negotiations (COALITION) and 
Sierra Pacific Industries, including its subsidiary Seneca Sawmill 
Company (Sierra Pacific), respectively, within the deadline specified 
in 19 CFR 351.218(d)(1)(i).\3\ The COALITION, the petitioner in the 
underlying investigation, claims that it has interested party status 
within the meaning of 19 CFR 351.102(b)(29)(viii), as an association, 
the majority of whose members are interested parties described in 
subparagraphs (C), (D), or (E) of section 771(9) of the Act with 
respect to a domestic like product.\4\ Sierra Pacific claims interested 
party status within the meaning of section 771(9)(C) of the Act and 19 
CFR 351.102(b)(29)(v) as a U.S. producer of the domestic like 
product.\5\
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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) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757 
(December 1, 2022).
    \3\ See COALITION's Letter, ``Five-Year (Sunset) Review of the 
Countervailing Duty Order on Certain Softwood Lumber Products from 
Canada: Notice of Intent to Participate,'' dated December 5, 2022 
(COALITON's Notice of Intent); see also Sierra Pacific's Letter, 
``Certain Softwood Lumber Products from Canada: Notice of Intent to 
Participate in Sunset Review,'' dated December 16, 2022 (Sierra 
Pacific's Notice of Intent).
    \4\ See COALITION's Notice of Intent at 2-4.
    \5\ See Sierra Pacific's Notice of Intent at 2.
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    On December 30, 2022, and January 3, 2023, Commerce received 
adequate substantive responses from the COALITION and Sierra Pacific, 
respectively, within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\6\ Commerce did not receive a substantive response 
from either the Government of Canada or any other respondent interested 
party to this proceeding. On January 25, 2023, Commerce notified the 
U.S. International Trade Commission that it did not receive an adequate 
substantive response from respondent interested parties.\7\ As a 
result, Commerce conducted an expedited (120-day) sunset review of the 
Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(B)(2) and (C)(2).
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    \6\ See COALITION's Letter, ``Five-Year (Sunset) Review of the 
Countervailing Duty Order on Certain Softwood Lumber Products from 
Canada: Substantive Response to Notice of Initiation,'' dated 
December 30, 2022; see also Sierra Pacific's Letter, ``Certain 
Softwood Lumber Products from Canada: Substantive Response to the 
Notice of Initiation,'' dated January 3, 2023.
    \7\ See Commerce's Letter, ``Sunset Reviews Initiated December 
1, 2022,'' dated January 25, 2023.
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Scope of the Order

    The merchandise covered by this Order is softwood lumber, siding, 
flooring and certain other coniferous wood (softwood lumber products). 
For a complete description of the scope of the Order, see the Issues 
and Decision Memorandum.\8\
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    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Sunset Review of the Countervailing 
Duty Order on Certain Softwood Lumber Products from Canada,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review, 
including the likelihood of continuation or recurrence of subsidization 
in the event of revocation of the Order and the countervailable subsidy 
rates likely to prevail if the Order were to be revoked, is provided in 
the Issues and Decision Memorandum. A list of the topics discussed in 
the Issues and Decision Memorandum is attached as an appendix to this 
notice. The Issues and Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS), 
which is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Results of Sunset Review

    Pursuant to sections 751(c) and 752(b) of the Act, we determine 
that revocation

[[Page 19614]]

of the Order would be likely to lead to continuation or recurrence of 
countervailable subsidies at the following net countervailable subsidy 
rates:
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    \9\ Commerce found the following companies to be cross-owned 
with Canfor: Canadian Forest Products., Ltd. and Canfor Wood 
Products Marketing, Ltd.
    \10\ Commerce found the following companies to be cross-owned 
with JDIL: Miramichi Timber Holdings Limited, The New Brunswick 
Railway Company, Rothesay Paper Holdings Ltd., St. George Pulp & 
Paper Limited, and Irving Paper Limited.
    \11\ Commerce found the following companies to be cross-owned 
with Resolute: Resolute Growth Canada Inc., Resolute Sales Inc., 
Abitibi-Bowater Canada Inc., Bowater Canadian Ltd., Resolute Forest 
Products Inc., Produits Forestiers Maurice SEC., and 9192-8515 
Quebec Inc.
    \12\ Commerce found the following companies to be cross-owned 
with Tolko: Tolko Industries Ltd., and Meadow Lake OSB Limited 
Partnership.
    \13\ Commerce found the following companies to be cross-owned 
with West Fraser: Blue Ridge Lumber Inc., Manning Forest Products, 
Ltd., Sundre Forest Products Inc., Sunpine Inc., West Fraser Alberta 
Holdings, Ltd., and West Fraser Timber Co., Ltd.

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                                                    Net countervailable
               Producers/exporters                      subsidy rate
                                                    (percent) ad valorem
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Canfor Corporation and its cross-owned affiliates                  13.96
 \9\.............................................
J.D. Irving, Limited and its cross-owned                            3.58
 affiliates \10\.................................
Resolute FP Canada Inc. and its cross-owned                        19.19
 affiliates \11\.................................
Tolko Marketing and Sales Ltd. and its cross-                      20.28
 owned affiliates \12\...........................
West Fraser Mills Ltd. and its cross-owned                         18.68
 affiliates \13\.................................
All-Others Rate..................................                  19.62
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Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305, which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    Commerce is issuing and publishing these final results and this 
notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the 
Act and 19 CFR 351.218.

    Dated: March 24, 2023.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Likely to Prevail
    3. Nature of the Subsidy
VII. Final Results of the Sunset Review
VIII. Recommendation

[FR Doc. 2023-06791 Filed 3-31-23; 8:45 am]
BILLING CODE 3510-DS-P