[Federal Register Volume 91, Number 60 (Monday, March 30, 2026)]
[Proposed Rules]
[Pages 15545-15551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-06103]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 91, No. 60 / Monday, March 30, 2026 /
Proposed Rules
[[Page 15545]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1217
[Doc. No. AMS-SC-25-0023]
Softwood Lumber Board Assessment Rate Clarification and Changes
to Membership
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposed rule invites comments on changes to the Softwood
Lumber Research, Promotion, Consumer Education and Industry Information
Order (Order). These changes include clarifying the assessment rate for
softwood lumber imported into the United States and revising the
membership of the Softwood Lumber Board (Board or SLB).
DATES: Comments must be received by April 29, 2026.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposed rule. You may send comments to the Federal
eRulemaking Portal at https://www.regulations.gov. You can access this
proposed rule and instructions for submitting public comments by
searching for the rule title. Comments may also be mailed to the Docket
Clerk, Market Development Division, Specialty Crops Program,
Agricultural Marketing Service (AMS), U.S. Department of Agriculture
(USDA), 1400 Independence Avenue SW, Room 1406-S, STOP 0244,
Washington, DC 20250-0237; or submitted electronically by Email:
[email protected]. Comments should reference the
document number and the date and page number of this issue of the
Federal Register. All comments will be made available for public
inspection in the Office of the Docket Clerk during regular business
hours or can be viewed at https://www.regulations.gov. Comments
submitted in response to this proposed rule will be included in the
rulemaking record and will be made available to the public. Please be
advised that comments are posted to regulations.gov as submitted,
without change.
FOR FURTHER INFORMATION CONTACT: Katie Cook, Marketing Specialist, or
Alexandra Caryl, Chief, Mid-Atlantic Region Branch, Market Development
Division, Specialty Crops Program, AMS, USDA; via telephone: (202) 720-
8085 or via email: [email protected] or [email protected].
SUPPLEMENTARY INFORMATION: This proposed rule affecting the Softwood
Lumber Research, Promotion, Consumer Education and Industry Information
Order (7 CFR part 1217) is authorized by the Commodity Promotion,
Research, and Information Act of 1996 (7 U.S.C. 7411-7425) (Act).
Executive Orders 12866
This action is exempt from the Office of Management and Budget
(OMB) review process required by Executive Order 12866. This rule
amends an existing research and promotion program and is necessary for
the continued operation of the Softwood Lumber Research, Promotion,
Consumer Education and Industry Information Order. Additionally, this
action is exempt from the requirements of Executive Order 14192,
``Unleashing Prosperity Through Deregulation,'' pursuant to section
5(c).
Executive Order 13175
This proposed action was reviewed in accordance with the
requirements of Executive Order 13175, ``Consultation and Coordination
with Indian Tribal Governments,'' which requires agencies to consider
whether their rulemaking actions will have Tribal implications. AMS
determined this proposed rule is unlikely to have substantial direct
effects on one or more Indian Tribes, or the relationship between the
Federal Government and Indian Tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian Tribes.
Executive Order 12988
This proposed rule was reviewed under Executive Order 12988,
``Civil Justice Reform.'' The Act provides that it shall not affect or
preempt any other Federal or State law authorizing promotion or
research relating to an agricultural commodity.
Under section 519 of the 1996 Act (7 U.S.C. 7418), a person subject
to an order may file a petition with the Secretary of Agriculture
(Secretary) stating that the order, any provision of the order, or any
obligation imposed in connection with the order, is not established in
accordance with the law and requesting a modification of the order or
an exemption from the order. Any petition filed challenging the order,
any provision of the order, or any obligation imposed in connection
with the order, shall be filed within 2 years after the effective date
of the order, provision, or obligation subject to challenge in the
petition. The petitioner will have the opportunity for a hearing on the
petition. Thereafter, the Secretary will issue a ruling on the
petition. The Act provides that the district court of the United States
for any district in which the petitioner resides or conducts business
shall have jurisdiction to review a final ruling on the petition, if
the petitioner files a complaint for that purpose not later than 20
days after the date of the entry of the Secretary's final ruling.
Background
The Board administers a nationally coordinated program of research,
promotion, and information designed to strengthen the softwood lumber
industry. The program is financed by assessments on manufacturers for
the U.S. market who manufacture and domestically ship or import
softwood lumber. The Board, which is composed of manufacturers for the
U.S. market who manufacture and domestically ship or import softwood
lumber in the U.S., unanimously recommended these actions at a public
meeting on March 12, 2025. This proposal invites comments on changes
that would clarify the assessment rate for softwood lumber imported
into the U.S. and revise the membership of the Board.
Clarifying Assessment Rate
The assessment rate on softwood lumber is $0.41 per thousand board
feet (MBF) for both domestically manufactured and imported softwood
lumber. The Order defines a board foot as the unit of measurement of
softwood lumber represented by a board 12-inches long, 12-inches wide,
and 1-inch thick, or its cubic equivalent. The
[[Page 15546]]
definition goes on to say that a board foot calculation for softwood
lumber 1-inch or more in thickness is based on its nominal thickness
and width and actual length. Nominal size or count is standard for
lumber in the U.S., Canada, and Mexico, but lumber from European
countries is often measured by its ``net'' size or count. While nominal
size is based on the thickness and width of a board when it is first
cut prior to drying and planing, net size is the actual size after
processing. According to the Board, the difference between net and
nominal size of a board is significant. For example, a 2-inch by 4-inch
nominal board (8-inch volume) has an actual or net size of 1\1/2\-inch
x 3\1/2\-inch (5\1/4\-inch volume), a volume difference of 2.75-inches.
Therefore, when softwood lumber is reported and the assessments
calculated with net size, less assessments are paid. This discrepancy
in volume measurements has resulted in an imbalance in assessment
payments between North American, European, and other importing
countries.
Assessments from importers are collected by U.S. Customs and Border
Protection (Customs or CBP) when the lumber enters the country. The
unit of measurement used for most imported softwood lumber is cubic
meters (m\3\ mall amount imported in square meters (m\2\. The North
American wood products industry converts the nominal size into board
feet, the measurement commonly used for lumber in the U.S. and Canada.
Historically, this has been done using the following calculation: 1,000
m\3\ nominal/2.3597 = 423.8 MBF.
In 2021, the Board identified a reporting discrepancy and engaged
with AMS. In January 2023, the Forest Economic Advisors (FEA), an
independent lumber and wood industry consulting firm, released a study
that quantified the impact of net size versus nominal size on imports
and provided a calculation to be used for board feet on the net count.
To attempt to resolve the issue without rulemaking, in May 2023 the
Board worked with AMS and Customs to issue a U.S. Customs and Border
Protection Cargo Systems Messaging Service (CSMS) bulletin to all U.S.
importers and brokers. Misreporting persisted and Customs advised the
Board to revise the Order language to make assessment collection on the
nominal size explicit.
FEA's 2023 analysis shows that net volume can be converted to board
feet through application of the appropriate factor: 1,000 m\3\ net/1.57
= 636.9 MBF. Using this calculation, 1,000 m\3\ on a net count equates
to 636.9 MBF of softwood lumber, 1.503 times more than when a nominal
count is used (636.9 MBF/423.8 MBF = 1.503).
To properly calculate the assessment rate for softwood lumber
imported on a net count, the nominal assessment rate of $0.41/MBF must
be multiplied by 1.503, which computes to a rate of $0.62/MBF on a net
count. The table below demonstrates the different conversion rates.
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$/thousand board feet $/cubic meter $/square meter
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Nominal......................................................... 0.41 0.1737 0.004412
Net............................................................. 0.62 0.2611 0.006631
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Therefore, this proposal would add a definition of net size or
count, revise section 1217.52(b) and (c) to specify that assessment
calculations shall be on the nominal count, add nominal and net
calculations to the table in section 1217.52(h), clarify that
exemptions from assessment are calculated using the nominal count in
section 1217.53(a) and (b), revise section 1217.70(a) to clarify that
reports should include information on a nominal count, and lastly,
amend 1217.101(d) and (e) to clarify that eligibility to vote in a
referendum is calculated using the nominal count.
Changes in Membership
The Board is required to review membership at least every five
years to determine if the distribution of members accurately reflects
the makeup of the industry. The Board analyzed Customs and industry
geographical data from 2022 through 2024 and found the U.S. South's
proportion of manufactured lumber increased during the period. The data
shows the U.S. South region manufactured almost 22.1 billion board
feet, the U.S. West region manufactured over 13.6 billion board feet,
the Northeast and Lake States region manufactured 1.6 billion board
feet and importers had an average volume at nearly 15.2 billion board
feet.
Therefore, this proposed action would add one seat of any size to
the U.S. South Region in section 1217.40 to reflect increased
production in the geographic region. Industry seats on the Board would
increase from 14 to 15, for a total of 16 Board members.
Initial Regulatory Flexibility Analysis
In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C.
601-612), AMS is required to examine the impact of this action on small
entities. Accordingly, AMS has considered the economic impact of this
action on such entities and conducted the following analysis using the
most recent data.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to the actions so that small businesses will not be
disproportionately burdened. The Small Business Administration (SBA)
defines, in 13 CFR part 121, small firms which engage in ``Support
Activities for Forestry'' (domestic softwood lumber manufacturers and
importers) as those having annual receipts of no more than $11.5
million.\1\
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\1\ SBA does have a small business size standard for
``Sawmills'' of 550 employees (see https://www.sba.gov/sites/sbagov/files/2023-06/Table%20of%20Size%20Standards_Effective%20March%2017%2C%202023%20%282%29.pdf). Based on USDA's
understanding of the lumber industry, using this criterion would be
impractical as sawmills often use contractors rather than employees
to operate and, therefore, many mills would be deemed small
businesses under this criterion while being, in reality, a large
business. Therefore, USDA used the definition of a small firm which
engages in ``Support Activities for Forestry'' as a more appropriate
criterion for this analysis.
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According to data from Fastmarkets Random Lengths, the 2022-2024
three-year average framing lumber composite price was $523 per
thousand-board-feet. Dividing the $11.5 million threshold that defines
a small firm which provides ``Support Activities for Forestry'' by this
price results in a maximum threshold of about 22 million board feet
(MMBF) of softwood lumber per year that a domestic manufacturer may
ship to be considered a small entity for purposes of the RFA. Table 1,
based on shipment data from FEA and import data from CBP, shows the
number of entities and the amount of volume they represent that may be
categorized as small or large based on the SBA definition.
[[Page 15547]]
[GRAPHIC] [TIFF OMITTED] TP30MR26.000
As illustrated in Table 1, 185 domestic manufacturers, or 56
percent of the total number of domestic manufacturers, were considered
small per the SBA size standard. These 185 entities represented a
three-year average of 1,521 MMBF in shipments, or 4 percent of total
shipments by domestic manufacturers. Small importers accounted for 92
percent of the total number of importers at 1,434 entities. These small
importers represented a three-year average of 1,274 MMBF in import
volume, or 8 percent of total import volume. In all, small businesses
accounted for 86 percent of the grand total of entities, and 5 percent
of the grand total of volume. The proposed rule would not
disproportionately burden small domestic manufacturers and importers of
softwood lumber.
Assessments on Imports Reported in Net Volume
In January 2023, FEA published a report detailing its discovery of
and solution for miscalculations of imported lumber volumes from
European countries. While the U.S., Canada, and Mexico record lumber
volumes in nominal terms, European countries measure lumber volumes in
net terms. A piece of lumber that would be recorded by the U.S.,
Canada, or Mexico as two inches thick by four inches wide would be
recorded by European countries as 1.5 inches thick by 3.5 inches wide.
This is because North American countries record lumber volume based on
unfinished dimensions, while European countries measure lumber volume
based on post-milled actual finished size. This discrepancy in volume
measurements results in an imbalance in assessment payments between
North American and European countries.
Imports of softwood lumber into the U.S. are mostly reported in
cubic meters. These are converted to board feet, which is the standard
unit of measurement for lumber in the U.S., Canada, and Mexico. The
conversion factor in nominal terms is 423.8 MBF to 1,000 cubic meters
of lumber. Based on its January 2023 analysis, FEA concludes that the
conversion factor for imports from countries who report in net terms
should be 636.9 MBF to 1,000 cubic meters of lumber. The FEA conversion
rate of net cubic meters to thousand-board-feet shows that volume
reported in net terms is about 1.5 times the volume reported in nominal
terms (636.943 MBF [from net cubic meters] divided by 423.776 MBF [from
nominal cubic meters]), resulting in an imbalance in assessments paid
based on these volumes. Therefore, the SLB proposes clarification of
the assessment rate for lumber volume reported in net terms, using the
conversion factors recommended in the FEA January 2023 report.
The clarification that the assessment rate is based on nominal
volume will impact importers who measure softwood lumber based on net
volume, as their imports will need to be converted to nominal terms.
Importers of softwood lumber from European countries will primarily be
affected. Based on data from Customs and Border Protection, there were
388 importers of softwood lumber from European countries between 2022
and 2024. Of these, 27 had average volume exceeding the de minimis
quantity of 15 MMBF in nominal terms. Clarifying that the assessment
rate is based on nominal volume will add more than $367,000 to the SLB
budget.
Board Restructuring
According to FEA data, production of softwood lumber in the U.S.
South has increased in recent years; warranting an additional board
seat to accurately represent the industry. Table 2 shows the three-year
average volume of both softwood lumber produced domestically and
imported softwood lumber, further segregated by regions and the number
of board seats allocated to these regions as proposed by the SLB. This
rule would add one board seat to the U.S. South region, bringing the
total number of seats across all regions from its current level of 14
to 15 industry seats, with an additional seat for a public member, for
a total of 16 members.
[[Page 15548]]
[GRAPHIC] [TIFF OMITTED] TP30MR26.001
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), the information collection and recordkeeping requirements
imposed by the Order were approved previously under OMB control number
0581-0093. This proposed rule would not result in a change to the
information collection and recordkeeping requirements previously
approved and would not impose additional reporting and recordkeeping
burden on domestic manufacturers and importers of softwood lumber.
As with all Federal promotion programs, reports and forms are
periodically reviewed to reduce information requirements and
duplication by industry and public sector agencies. AMS has not
identified any relevant Federal rules that duplicate, overlap, or
conflict with this proposed rule.
Regarding alternatives, the Board considered not making changes to
the Order in reference to nominal and net sizes, and Board makeup.
Leaving it as-is would mean continued imbalance in assessment payments
and inaccurate representation of Board members. The Board also
considered providing additional education and notice to importers of
record on declaring import volumes on a nominal size count. The Board
previously worked with AMS and Customs to issue a CSMS bulletin on May
12, 2023. This bulletin had no noticeable effect, positive or negative,
on reporting, therefore releasing another CSMS bulletin is not seen as
a viable or worthy effort.
Lastly, through AMS, the Board requested Customs enforce assessment
collection on a nominal size count. Customs informed the Board that the
current regulatory language in the Order was not explicit or specific
enough for them to take such action against importers reporting on the
incorrect net size. Ultimately, the actions recommended by the Board
were to add one member to the Board for the U.S. South Region and to
clarify assessments are to be collected on the nominal size.
Regarding outreach efforts, the Board raised the assessment issue
in 2021 and had initial conversations with AMS. FEA released their
analysis of nominal shipments versus net shipments in January 2023,
notifying the industry of the issue. Throughout the remainder of 2023
and all of 2024, the Board discussed the nominal/net issue at every
quarterly meeting as well as in quarterly committee meetings. After
attempts to solve the issue without rulemaking through a CSMS bulletin,
the Board voted in March 2025 to recommend rulemaking to clarify the
assessment rate in the Order.
After consideration of all relevant material presented, including
the information and recommendations submitted by the Board and other
available information, USDA has determined that this proposed rule is
consistent with, and will effectuate the purposes of the Act.
A 30-day comment period is provided to allow interested persons to
respond to this proposed rule. All written comments received timely
will be considered before a final determination is made on this rule.
List of Subjects in 7 CFR Part 1217
Administrative practice and procedure, Advertising, Agricultural
research, Confidential business information, Consumer protection,
Forests and forest products, Inventions and patents, Marketing
agreements, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, the Agricultural
Marketing Service proposes to amend 7 CFR part 1217 as follows:
PART 1217--SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION
AND INDUSTRY INFORMATION ORDER
0
1. The authority citation for part 1217 continues to read as follows:
Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401.
Sec. Sec. 1217.16 through 1217.30 [Redesignated as Sec. Sec.
1217.17 through 1217.31]
0
2. Redesignate Sec. Sec. 1217.16 through 1217.30 as Sec. Sec. 1217.17
through 1217.31, respectively.
0
3. Add new Sec. 1217.16 to read as follows:
[[Page 15549]]
Sec. 1217.16 Net size or count.
Net size or count means the volume of softwood lumber based on its
actual dimensions. It is used in certain jurisdictions as the quantity
by which the softwood lumber is sold. Net size or count differs from
the nominal size or count as it is based on the thickness and width of
a board after it has been dried and planed.
0
4. Revise newly designated Sec. 1217.17, including the section title,
to read as follows:
Sec. 1217.17 Nominal size or count.
Nominal size or count means the size by which softwood lumber is
known and sold in the marketplace that differs from actual or net size
and is based on the thickness and width of a board when it is first cut
from a log, or rough cut, prior to drying and planing.
0
5. Revise and republish Sec. 1217.40(a) and (b)(1) to read as follows:
Sec. 1217.40 Establishment and membership.
(a) Establishment of the Board. There is hereby established a
Softwood Lumber Board to administer the terms and provisions of the
Order and promote the use of softwood lumber. The Board shall be
composed of manufacturers for the U.S. market who manufacture and
domestically ship or import 15 million board feet or more of softwood
lumber in the United States during a fiscal period. Seats on the Board
shall be apportioned based on the volume of softwood lumber production
that is manufactured and shipped within the United States by domestic
manufacturers and the volume of softwood lumber imported into the
United States. Seats on the Board shall also be apportioned based on
size of operation within each geographic region, as specified in
paragraphs (b)(l) and (2) of this section. For purposes of this
section, ``large'' means manufacturers for the U.S. market who account
for the top two-thirds of the total annual volume of assessable
softwood lumber and ``small'' means those who account for the remaining
one-third of the total annual volume of assessable softwood lumber. If
there are no eligible nominees for a large or small seat within a
region, that seat may be filled by a nominee representing an eligible
manufacturer for the U.S. market of any size. Should the size of a
manufacturer for the U.S. market change during a member's or
alternate's term of office, that member or alternate may serve for the
remainder of the term.
(b) Composition of the Board. The Board shall be composed of 16
members and four alternates, as follows:
(1) Domestic manufacturers. Domestic manufacturers must reside in
the United States. Eleven members and two alternates shall represent
domestic manufacturers who reside in the following three regions:
(i) Six members and one alternate shall represent manufacturers of
softwood lumber in the U.S. South Region, which consists of the states
of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North
Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and
West Virginia. Of these six members, two members must represent large,
two members must represent small, and two members may represent
domestic manufacturers of any size. The region's alternate may
represent domestic manufacturers of any size;
(ii) Four members and one alternate shall represent manufacturers
of softwood lumber in the U.S. West Region, which consists of the
states of Alaska, Arizona, California, Colorado, Hawaii, Idaho,
Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah,
Washington, and Wyoming. Of these four members, two members must
represent large, one member must represent small, and one member may
represent domestic manufacturers of any size. The region's alternate
may represent domestic manufacturers of any size; and
(iii) One member shall represent manufacturers of softwood lumber
in the Northeast and Lake States Region, which consists of the states
of Connecticut, Delaware, Illinois, Indiana, Iowa, Kansas, Kentucky,
Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri,
Nebraska, New Hampshire, New Jersey, New York, Ohio, Pennsylvania,
Rhode Island, Vermont, Wisconsin and all other parts of the United
States not listed in paragraph (b)(1)(i), (ii), or (iii) of this
section. This member may represent domestic manufacturers of any size.
* * * * *
0
6. In Sec. 1217.52:
0
a. Revise and republish paragraphs (b), (c), (h), and table 1 to
paragraph (h);
0
b. Redesignate paragraphs (i) through (n) as paragraphs (j) through
(o), respectively; and
0
c. Add new paragraph (i).
The revisions and republications and addition read as follows:
Sec. 1217.52 Assessments.
* * * * *
(b) Subject to the exemptions specified in Sec. 1217.53, each
manufacturer for the U.S. market shall pay an assessment to the Board
at the rate of $0.41 per thousand board feet of softwood lumber on a
nominal count, except that no person shall pay an assessment on the
first 15 million board feet of softwood lumber on a nominal count
otherwise subject to assessment in a fiscal year. Domestic
manufacturers shall pay assessments based on the volume of softwood
lumber shipped within the United States and importers shall pay
assessments based on the volume of softwood lumber imported to the
United States.
(c) At least 24 months after the Order becomes effective and
periodically thereafter, the Board shall review and may recommend to
the Secretary, upon an affirmative vote by at least a majority of Board
members plus two (exclusive of vacant seats), a change in the
assessment rate. In no event may the rate be less than $0.35 per
thousand board feet on a nominal count nor more than $0.50 per thousand
board feet on a nominal count. A change in the assessment rate is
subject to rulemaking by the Secretary.
* * * * *
(h) The HTSUS categories and assessment rates on imported softwood
lumber are listed in the following table. The current assessment rate
is $0.41 per thousand board feet and is based on a nominal count. This
equates to $0.62 per thousand board feet based on a net count. For
softwood lumber that is imported on a nominal volume, the assessment
rates are computed using the following conversion factors: One cubic
meter (m\3\) equals 0.42377601 thousand board feet, and one square
meter (m\2\) equals 0.010763104 thousand board feet. For softwood
lumber that is imported on a net (actual) volume, one cubic meter
(m\3\) equals 0.6369 thousand board feet, and one square meter (m\2\)
equals 0.016175132 thousand board feet. Accordingly, the assessment
rates per cubic meter and square meter on a nominal and net volume are
as follows.
[[Page 15550]]
Table 1 to Paragraph (h)
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Assessment--nominal volume Assessment-net volume
------------------------------------------------------------------------------------------------
Softwood lumber (by HTSUS No.) $/thousand $/thousand
board feet $/cubic meter $/square meter board feet $/cubic meter $/square meter
--------------------------------------------------------------------------------------------------------------------------------------------------------
4407.11.00............................................. 0.41 0.1737 0.004412 0.62 0.2611 0.006631
4407.12.00............................................. 0.41 0.1737 0.004412 0.62 0.2611 0.006631
4407.13.00............................................. 0.41 0.1737 0.004412 0.62 0.2611 0.006631
4407.14.00............................................. 0.41 0.1737 0.004412 0.62 0.2611 0.006631
4407.19.00............................................. 0.41 0.1737 0.004412 0.62 0.2611 0.006631
4409.10.05............................................. 0.41 0.1737 0.004412 0.62 0.2611 0.006631
4409.10.10............................................. 0.41 0.1737 0.004412 0.62 0.2611 0.006631
4409.10.20............................................. 0.41 0.1737 0.004412 0.62 0.2611 0.006631
4409.10.90............................................. 0.41 0.1737 0.004412 0.62 0.2611 0.006631
4418.99.10............................................. 0.41 0.1737 0.004412 0.62 0.2611 0.006631
--------------------------------------------------------------------------------------------------------------------------------------------------------
(i) If Customs collects excess assessments from an importer, the
Board shall issue a refund to the importer given the importer provides
appropriate documentation to verify the excess assessments collected.
* * * * *
0
7. Revise and republish Sec. 1217.53(a) and (b) to read as follows:
Sec. 1217.53 Exemption from assessment.
(a) Manufacturers for the U.S. market who domestically ship and/or
import less than 15 million board feet on a nominal count annually. (1)
Domestic manufacturers who ship less than 15 million board feet of
softwood lumber on a nominal count within the United States in a fiscal
year are exempt from paying assessments. Such manufacturers must apply
to the Board, on a form provided by the Board, for a certificate of
exemption prior to the start of the fiscal year. This is an annual
exemption and domestic manufacturers must reapply each year. Such
manufacturers shall certify that they will ship less than 15 million
board feet of softwood lumber on a nominal count during the fiscal year
for which the exemption is claimed. Upon receipt of an application for
exemption, the Board shall determine whether an exemption may be
granted. The Board may request past shipment data to support the
exemption request. The Board will then issue, if deemed appropriate, a
certificate of exemption to the eligible domestic manufacturer. It is
the responsibility of the domestic manufacturer to retain a copy of the
certificate of exemption.
(2) Importers who import into the United States less than 15
million board feet of softwood lumber on a nominal count in a fiscal
year are exempt from paying assessments. Such importers must apply to
the Board, on a form provided by the Board, for a certificate of
exemption prior to the start of the fiscal year. This is an annual
exemption, and importers must reapply each year. Such importers shall
certify that they will import less than 15 million board feet of
softwood lumber on a nominal count during the fiscal year for which the
exemption is claimed. Upon receipt of an application for exemption, the
Board shall determine whether an exemption is granted. The Board may
request past import data to support the exemption request. The Board
will then issue, if deemed appropriate, a certificate of exemption to
the eligible importer. It is the responsibility of the importer to
retain a copy of the certificate of exemption. The importer may be
requested to submit a copy of the certificate to Customs. If Customs
collects the assessment, the Board shall refund such importers their
assessments no later than 60 calendar days after receipt of such
assessments by the Board. No interest shall be paid on the assessments
collected by Customs.
(3) Domestic manufacturers who did not apply to the Board for an
exemption and shipped less than 15 million board feet of softwood
lumber on a nominal count within the United States during the fiscal
year shall receive a refund from the Board for the applicable
assessments within 30 calendar days after the end of the fiscal year.
Board staff shall determine the assessments paid and refund the amount
due to the domestic manufacturer accordingly.
(4) Importers who did not apply to the Board for an exemption and
imported less than 15 million board feet of softwood lumber on a
nominal count during the fiscal year shall receive a refund from the
Board for the applicable assessments within 30 calendar days after the
end of the fiscal year.
(5) If an entity is both a domestic manufacturer and an importer,
the sum of such entity's domestic shipments and imports during a fiscal
year shall count towards the 15 million board feet exemption on a
nominal count.
(6) Domestic manufacturers and importers who received an exemption
certificate from the Board but domestically shipped or imported 15
million board feet or more of softwood lumber on a nominal count during
the fiscal year shall pay the Board the applicable assessments owed on
the domestic shipments or imports over the 15 million board foot-
exemption threshold within 30 calendar days after the end of the fiscal
year and submit any necessary reports to the Board pursuant to Sec.
1217.70.
(7) The Board may develop additional procedures to administer this
exemption as appropriate. Such procedures shall be implemented through
rulemaking by the Secretary.
(b) Manufacturers for the U.S. market who domestically ship and/or
import 15 million board feet or more on a nominal count annually. (1)
Domestic manufacturers who domestically ship 15 million board feet or
more per fiscal year on a nominal count shall not pay assessments on
their first 15 million board feet of softwood lumber on a nominal count
shipped during the applicable fiscal year.
(2) Importers who import 15 million board feet or more per fiscal
year on a nominal count shall be exempt from paying assessments on
their first 15 million board feet of softwood lumber imported during
the applicable fiscal year on a nominal count. Such importers shall
receive a refund from the Board for the applicable assessments
collected by Customs. The Board shall refund such importers their
assessments no later than 60 calendar days after receipt by the Board.
* * * * *
0
8. Revise and republish Sec. 1217.70(a) to read as follows:
Sec. 1217.70 Reports.
(a) Each manufacturer for the U.S. market will be required to
provide periodically to the Board such
[[Page 15551]]
information as the Board, with the approval of the Secretary, may
require. Such information may include, but not be limited to:
(1) For domestic manufacturers:
(i) The name, address and telephone number of the domestic
manufacturer;
(ii) The board feet of softwood lumber on a nominal count shipped
within the United States;
(iii) The board feet of softwood lumber on a nominal count for
which assessments were paid; and
(iv) The board feet of softwood lumber on a nominal count that was
exported.
(2) For importers:
(i) The name, address and telephone number of the importer;
(ii) The board feet of softwood lumber on a nominal count imported;
(iii) The board feet of softwood lumber on a nominal count for
which assessments were paid; and
(iv) The country of export.
* * * * *
0
9. Revise and republish Sec. 1217.101(d) and (e) to read as follows:
Sec. 1217.101 Definitions.
* * * * *
(d) Eligible domestic manufacturer means any person who
manufactured and shipped 15 million board feet or more of softwood
lumber on a nominal count in the United States during the
representative period.
(e) Eligible importer means any person who imported 15 million
board feet or more of softwood lumber on a nominal count into the
United States during the representative period as a principal or as an
agent, broker, or consignee of any person who manufactured softwood
lumber outside of the United States for sale in the United States, and
who is listed as the importer of record for such softwood lumber.
Importation occurs when softwood lumber manufactured outside of the
United States is released from custody by Customs and introduced into
the stream of commerce in the United States. Included are persons who
hold title to foreign-manufactured softwood lumber immediately upon
release by Customs, as well as any persons who act on behalf of others,
as agents or brokers, to secure the release of softwood lumber from
Customs when such softwood lumber is entered or withdrawn for use in
the United States.
* * * * *
Erin Morris,
Administrator, Agricultural Marketing Service.
[FR Doc. 2026-06103 Filed 3-27-26; 8:45 am]
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