Professional Documents
Culture Documents
Dated: February 6, 2006. Commerce (the Department) determined (3) other coniferous wood (including
David M. Spooner, that certain softwood lumber products strips and friezes for parquet
Assistant Secretary for Import from Canada are being sold in the flooring, not assembled)
Administration. United States at less than fair value, as continuously shaped (tongued,
provided in section 751(a) of the Tariff grooved, rabbeted, chamfered, v-
Appendix
Act of 1930, as amended (the Act). See jointed, beaded, molded, rounded
Comments and Responses Notice of Final Results of Antidumping or the like) along any of its edges or
Comment 1: Whether to Use Financial Duty Administrative Review: Certain faces (other than wood moldings
Data from Indian Peroxide Producers to Softwood Lumber Products from and wood dowel rods) whether or
Derive Surrogate Financial Ratios Canada, 70 FR 73437 (December 12, not planed, sanded or finger-
Comment 2: Whether to Include 2005) (Final Results). On January 23, jointed; and
Financial Data from Gujarat Alkalies 2006, the Department published its (4) coniferous wood flooring
and Chemicals Co., Ltd. to Derive amended final results. See Notice of (including strips and friezes for
Surrogate Financial Ratios Amended Final Results of Antidumping parquet flooring, not assembled)
Comment 3: Whether to Include Duty Administrative Review: Certain continuously shaped (tongued,
Employee Benefits in Overhead Softwood Lumber Products from grooved, rabbeted, chamfered, v-
Calculation Canada 71 FR 3458.1 On January 25, jointed, beaded, molded, rounded
2006, The Maritime Lumber Bureau and or the like) along any of its edges or
Comment 4: Surrogate Labor Rate certain of its individual members 2 faces, whether or not planed,
Comment 5: Surrogate Value for Water (collectively, the Maritimes) filed a sanded or finger–jointed.
Comment 6: Surrogate Value for timely ministerial error allegation Although the HTSUS subheadings are
Electricity pursuant to 19 CFR 351.224(c)(2). The provided for convenience and U.S.
petitioner 3 did not rebut this allegation. Customs and Border Protection (CBP)
Comment 7: Surrogate Value for Caustic purposes, the written description of the
Soda Scope of the Order merchandise under investigation is
Comment 8: Whether the Department The products covered by this order dispositive. Preliminary scope
Should Apply Total Adverse Facts are softwood lumber, flooring and exclusions and clarifications were
Available siding (softwood lumber products). published in three separate Federal
Softwood lumber products include all Register notices.
Comment 9: Whether the Department products classified under headings Softwood lumber products excluded
Should Disregard as Untimely Certain 4407.1000, 4409.1010, 4409.1090, and from the scope:
Record Information 4409.1020, respectively, of the • trusses and truss kits, properly
Comment 10: Whether the Department Harmonized Tariff Schedule of the classified under HTSUS 4418.90
Should Reopen the Record to New United States (HTSUS), and any • I-joist beams
Factual Information softwood lumber, flooring and siding • assembled box spring frames
Comment 11: Application of Adverse described below. These softwood • pallets and pallet kits, properly
Facts Available in Preliminary Results lumber products include: classified under HTSUS 4415.20
Margin Program (1) coniferous wood, sawn or chipped • garage doors
lengthwise, sliced or peeled, • edge–glued wood, properly
[FR Doc. E6–2088 Filed 2–13–06; 8:45 am] classified under HTSUS
BILLING CODE 3510–DS–S
whether or not planed, sanded or
finger-jointed, of a thickness 4421.90.97.40 (formerly HTSUS
exceeding six millimeters; 4421.90.98.40)
DEPARTMENT OF COMMERCE (2) coniferous wood siding (including
• properly classified complete door
strips and friezes for parquet
frames
International Trade Administration flooring, not assembled)
continuously shaped (tongued,
[A–122–838] • properly classified complete
grooved, rabbeted, chamfered, v-
window frames
Notice of Second Amended Final jointed, beaded, molded, rounded • properly classified furniture
Results of Antidumping Duty or the like) along any of its edges or Softwood lumber products excluded
Administrative Review: Certain faces, whether or not planed, from the scope only if they meet certain
Softwood Lumber Products From sanded or finger-jointed; requirements:
Canada
1 In the published amended final results, some of
• Stringers (pallet components used
for runners): if they have at least
AGENCY: Import Administration, the margins were mis-stated due to a Federal
Register formatting problem. The Federal Register two notches on the side, positioned
International Trade Administration,
published a correction on January 30, 2006. See at equal distance from the center, to
Department of Commerce. Notice of Amended Final Results of Antidumping properly accommodate forklift
EFFECTIVE DATE: February 14, 2006. Duty Administrative Review: Certain Softwood
Lumber Products from Canada: Correction 71 FR
blades, properly classified under
FOR FURTHER INFORMATION CONTACT: 4968 (January 30, 2006). HTSUS 4421.90.97.40 (formerly
Constance Handley or Salim 2 See letter from the Maritimes Lumber Bureau to HTSUS 4421.90.98.40).
Bhabhrawala, at (202) 482–0631 or (202) the Department, dated January 25, 2006, at Exhibit • Box-spring frame kits: if they
482–1784, respectively; AD/CVD A for a list of companies included in the allegation. contain the following wooden
3 The petitioner in this case is the Coalition for
Operations, Office 1, Import pieces—two side rails, two end (or
Fair Lumber Imports Executive Committee. We note
Administration, International Trade top) rails and varying numbers of
rmajette on PROD1PC67 with NOTICES
VerDate Aug<31>2005 14:46 Feb 13, 2006 Jkt 208001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1
7728 Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Notices
wooden components needed to drywall and roof shingles specified 4421.90.97.40, respectively, we are
make a particular box spring frame, in the plan, design or blueprint; adding these subheadings as well.
with no further processing required. 3. Prior to importation, the package or In addition, this scope language has
None of the components exceeds 1’’ kit must be sold to a retailer of been further clarified to now specify
in actual thickness or 83’’ in length. complete home packages or kits that all softwood lumber products
• Radius-cut box-spring-frame pursuant to a valid purchase entered from Canada claiming non-
components, not exceeding 1’’ in contract referencing the particular subject status based on U.S. country of
actual thickness or 83’’ in length, home design plan or blueprint, and origin will be treated as non-subject
ready for assembly without further signed by a customer not affiliated U.S.-origin merchandise under the
processing. The radius cuts must be with the importer; antidumping and countervailing duty
present on both ends of the boards 4. The whole package must be
orders, provided that these softwood
and must be substantial cuts so as imported under a single
lumber products meet the following
to completely round one corner. consolidated entry when permitted
• Fence pickets requiring no further condition: upon entry, the importer,
by CBP, whether or not on a single
processing and properly classified exporter, Canadian processor and/or
or multiple trucks, rail cars or other
under HTSUS 4421.90.70, 1’’ or less original U.S. producer establish to CBP’s
vehicles, which shall be on the
in actual thickness, up to 8’’ wide, satisfaction that the softwood lumber
same day except when the home is
6’ or less in length, and have finials entered and documented as U.S.-origin
over 2,000 square feet;
or decorative cuttings that clearly 5. The following documentation must softwood lumber was first produced in
identify them as fence pickets. In be included with the entry the United States as a lumber product
the case of dog-eared fence pickets, documents: satisfying the physical parameters of the
the corners of the boards should be softwood lumber scope.6 The
cut off so as to remove pieces of • a copy of the appropriate home presumption of non-subject status can,
wood in the shape of isosceles right design, plan, or blueprint matching however, be rebutted by evidence
angle triangles with sides the entry; demonstrating that the merchandise was
measuring 3/4 inch or more. • a purchase contract from a retailer substantially transformed in Canada.
• U.S. origin lumber shipped to of home kits or packages signed by Amended Final Results
Canada for minor processing and a customer not affiliated with the
imported into the United States, is importer; In accordance with section 751(h) of
excluded from the scope of this the Act, we have determined that a
order if the following conditions are • a listing of inventory of all parts of ministerial error was made in our Final
met: 1) the processing occurring in the package or kit being entered that Results assessment rate calculation for
Canada is limited to kiln-drying, conforms to the home design the Maritimes. This error did not affect
planing to create smooth-to-size package being entered; any of the published cash deposit rates.
board, and sanding, and (2) the • in the case of multiple shipments on For a detailed discussion of the
importer establishes to CBP’s the same contract, all items listed ministerial error allegation and the
satisfaction that the lumber is of immediately above which are Department’s analysis, see
U.S. origin.4 included in the present shipment Memorandum to Stephen J. Claeys,
• Softwood lumber products shall be identified as well. Antidumping Duty Administrative
contained in single family home We have determined that the Review of Certain Softwood Lumber
packages or kits,5 regardless of tariff excluded products listed above are Products from Canada, regarding
classification, are excluded from the outside the scope of this order provided Ministerial Error Allegation, dated
scope of the orders if the following the specified conditions are met. February 7, 2006, which is on file in the
criteria are met: Lumber products that CBP may classify Central Records Unit (‘‘CRU’’), room B–
1. The imported home package or kit as stringers, radius cut box–spring-frame 099 of the main Department building.
constitutes a full package of the components, and fence pickets, not
number of wooden pieces specified conforming to the above requirements, In accordance with section 751(h) of
in the plan, design or blueprint as well as truss components, pallet the Act and 19 CFR 351.224(e), we are
necessary to produce a home of at components, and door and window amending the amended final results of
least 700 square feet produced to a frame parts, are covered under the scope the antidumping duty administrative
specified plan, design or blueprint; of this order and may be classified review of lumber from Canada to correct
2. The package or kit must contain all under HTSUS subheadings this ministerial error.
necessary internal and external 4418.90.40.90, 4421.90.70.40, and The weighted-average dumping
doors and windows, nails, screws, 4421.90.98.40. Due to changes in the margins for the period May 1, 2003,
glue, subfloor, sheathing, beams, 2002 HTSUS whereby subheading through April 30, 2004, which have not
posts, connectors and, if included 4418.90.40.90 and 4421.90.98.40 were changed since the amended final, are
in purchase contract, decking, trim, changed to 4418.90.45.90 and listed below:
4 For further clarification pertaining to this certification and to permit single or multiple entries 6 See the scope clarification message (3034202),
exclusion, see the additional language concluding on multiple days, as well as instructing importers dated February 3, 2003, to CBP, regarding treatment
the scope description below. to retain and make available for inspection specific of U.S.-origin lumber on file in the Central Records
5 To ensure administrability, we clarified the
documentation in support of each entry. Unit, Room B–099 of the main Commerce Building.
language of this exclusion to require an importer
VerDate Aug<31>2005 14:46 Feb 13, 2006 Jkt 208001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1
Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Notices 7729
VerDate Aug<31>2005 14:46 Feb 13, 2006 Jkt 208001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1
7730 Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Notices
VerDate Aug<31>2005 14:46 Feb 13, 2006 Jkt 208001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1
Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Notices 7731
J & G Logworks.
J. A. Turner & Sons (1987) Limited.
J.D. Irving, Ltd..
J.S. Jones Timber Ltd..
Jackpine Engineered Wood Products.
Jackpine Forest Products Ltd..
VerDate Aug<31>2005 14:46 Feb 13, 2006 Jkt 208001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1
7732 Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Notices
VerDate Aug<31>2005 14:46 Feb 13, 2006 Jkt 208001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1
Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Notices 7733
VerDate Aug<31>2005 14:46 Feb 13, 2006 Jkt 208001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1
7734 Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Notices
VerDate Aug<31>2005 14:46 Feb 13, 2006 Jkt 208001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1
Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Notices 7735
Cash Deposit Rates prior review, or the original less–than- final results of the next administrative
fair–value investigation, but the review.
Furthermore, the following deposit
requirements will be effective upon producer is, the cash deposit rate will be Assessment Rates
publication of the amended final results the rate established for the most recent
period for the manufacturer of the In accordance with section 19 CFR
of this administrative review for all 356.8(a), the Department will issue
shipments of certain softwood lumber merchandise; and 4) the cash deposit
rate for all other producers or exporters appropriate assessment instructions
products from Canada entered, or directly to CBP on or after 41 days
0withdrawn from warehouse, for will be 11.54 percent, the ‘‘All Others’’
following the publication of these
consumption on or after the publication rate calculated in the Department’s
amended final results of review.
date of these final results, as provided recent determination under section 129 We are issuing and publishing this
by section 751(a) of the Act: 1) for of the Uruguay Round Agreements Act. determination and notice in accordance
companies covered by this review, the See Notice of Determination Under with sections 751(a)(1), 751(h) and
cash deposit rate will be the rate listed Section 129 of the Uruguay Round 771(i)(1) of the Act.
above; 2) for previously reviewed or Agreements Act: Antidumping Measures
rmajette on PROD1PC67 with NOTICES
VerDate Aug<31>2005 14:46 Feb 13, 2006 Jkt 208001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1