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Published Document: 2019-06221 (84 FR 12209)
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AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The Department of Commerce (Commerce) has received requests to conduct administrative reviews of the antidumping and countervailing duty orders on certain softwood lumber products (softwood lumber) from Canada with January anniversary dates. In accordance with Commerce's regulations, we are initiating those administrative reviews.
DATES:
Applicable April 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Robert Galantucci (AD) and Kristen Johnson (CVD), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482-2923 and (202) 482-4793, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of the antidumping and countervailing duty orders on softwood lumber from Canada with January anniversary dates. All deadlines for the submission of various types of information, certifications, or comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting time.
Notice of No Sales
If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review (POR), it must notify Commerce within 30 days of publication of this notice in the
Federal Register
. All submissions must be filed electronically at
https://access.trade.gov
in accordance with 19 CFR 351.303.[1]
Such submissions are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every party on Commerce's service list.
Respondent Selection
In the event Commerce limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the period of review. We intend to place the CBP data on the record within five days of publication of the initiation notice and to make our decision regarding respondent selection within 30 days of publication of the initiation
Federal Register
notice. Comments regarding the CBP data and respondent selection should be submitted seven days after the placement of the CBP data on the record of the reviews. Parties wishing to submit rebuttal comments should submit those comments five days after the deadline for the initial comments.
In the event Commerce decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act:
In general, Commerce has found that determinations concerning whether particular companies should be “collapsed” (
e.g.,
treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, Commerce will not conduct collapsing analyses at the respondent selection phase of the review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of the antidumping proceeding (
e.g.,
investigation, administrative review, new shipper review or changed circumstances review). For any company subject to the review, if Commerce determined, or continued to treat, that company as collapsed with others, Commerce will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, Commerce will not collapse companies for purposes of respondent selection. Parties are requested to (a) identify which companies subject to review previously were collapsed, and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete the Quantity and Value (Q&V) Questionnaire for purposes of respondent selection, in general each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of this proceeding where Commerce considered collapsing that entity, complete Q&V data for that collapsed entity must be submitted.
( printed page 12210)
Deadline for Withdrawal of Request for Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a party that has requested a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that Commerce may extend this time if it is reasonable to do so. Determinations by Commerce to extend the 90-day deadline will be made on a case-by-case basis.
Deadline for Particular Market Situation Allegation
Section 504 of the Trade Preferences Extension Act of 2015 amended the Act by adding the concept of particular market situation (PMS) for purposes of constructed value under section 773(e) of the Act.[2]
Section 773(e) of the Act states that “if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology.” When an interested party submits a PMS allegation pursuant to section 773(e) of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301(c)(v). If Commerce finds that a PMS exists under section 773(e) of the Act, then it will modify its dumping calculations appropriately.
Neither section 773(e) of the Act nor 19 CFR 351.301(c)(v) set a deadline for the submission of PMS allegations and supporting factual information. However, in order to administer section 773(e) of the Act, Commerce must receive PMS allegations and supporting factual information with enough time to consider the submission. Thus, should an interested party wish to submit a PMS allegation and supporting new factual information pursuant to section 773(e) of the Act, it must do so no later than 20 days after submission of initial responses to section D of the questionnaire.
Initiation of Reviews
In accordance with 19 CFR 351.221(c)(1)(i), we are initiating administrative reviews of the following antidumping and countervailing duty orders. We intend to issue the final results of these reviews not later than January 31, 2020.
We request that the companies listed below review the spelling of their company name. If a company name is not accurate (
i.e.,
misspelled or incomplete) or appears more than once with different spelling variations, then please notify Commerce of the company's correct legal name
in writing
within 30 days after the date of publication of this initiation notice. All submissions must be filed electronically at
https://access.trade.gov.
Period to be reviewed
CANADA: Certain Softwood Lumber Products
A-122-857
6/30/17-12/31/18
C-122-858
4/28/17-12/31/18
0744822 BC Ltd
1074712 BC Ltd
1074712 BC Ltd./Quadra Cedar
1867 Confederation Log Homes
5214875 Manitoba Ltd
752615 B.C Ltd, Fraserview Remanufacturing Inc, DBA Fraserview Cedar Products
9224-5737 Québec inc. (aka, A.G. Bois)
A & A Trading Ltd
A & D Woodturning
A & H Lumber Services Ltd
A & K Millwork Ltd
A M Cedar Ltd./A.M. Cedar Ltd
A.B. Cedar Shingle Inc
A.B. Cushing Mills Ltd
A.J. Forest Products Ltd
A-1 Trusses Ltd
AAC Woodworking & Manufacturing
Aallcann Wood Suppliers Inc
ABC Lumber
Abfam Enterprises Ltd
Absolute Lumber Products, Ltd
Accurate Cedar Ltd
Acoustic Wood Ltd
Acutruss Industries Ltd
Adam Lumber Inc
Adco Forest Products
Adirondack Wood Supply
Advance Lumber Remanufacturing
Advance Reload Ltd
ADWOOD Manufacturing Ltd./ADWOOD Mfg. Ltd
AFA Forest Products Inc
AG Bois/A.G. Bois/9224-5737 Quebec Inc
AJ Forest Products Ltd
AJIA Canadian Building Systems Inc
AJM International Development Corp./AJM Intl. Development Corp
Alba Pallet Co
Albert Larocque Lumber Ltd
Alberta Pallet Co. Ltd
Alberta Spruce Industries Ltd
( printed page 12211)
Aler Forest Products, Ltd
Alexandria Moulding Inc
All American Forest Products Corp
All Span Building Systems Ltd
All-Fab Building Components Inc./ALLFAB Building Components Inc./Nu-Fab Building Products
Allmac Lumber Sales Ltd
Allmar International
Almand Lumber Mfg. Inc
Almonte Lumber & Truss
Alpa Forest Products Inc
Alpa Lumber Mills Inc
Alpine Forest Products (2001) Ltd
American Bayridge Corp./Bayridge Lumber
American Pacific Wood Products
Amexfor Inc
Anbrook Industries Ltd
Andersen Pacific Forest Products Ltd
Anderson Pacific Forest Products Ltd
Anglo American Cedar Products Ltd
Anglo-American Cedar Products, LTD
Anthony-Domtar Inc
Antrim Cedar Corp
Antrim Cedar Corporation
APacific Lumber Remanufacturing Ltd
Apollo Forest Products Ltd
Apollo Industries Ltd
Aquila Cedar Products, Ltd
Ara Sales Co
Arbec Inc./Arbec Lumber Inc
Arbec Lumber Inc
Arbutus Manufacturing Ltd./Arbutus Mfg. Ltd
Arco Lumber Ltd
Argo Lumber Inc
Ashley Woodworks
Aspen Planers Ltd
Aspen Planers Ltd./Mill & Timber Products Ltd
Atco Structures Ltd
ATCO Wood Products Ltd
Atelier Du Bois St-Laurent/92244904 Quebec Inc
Atlas Group
Atmosphere & Bois NA Inc
Aurora Timberland Wholesale/Hardwood Lumber Inc
AWyatt Marketing Inc
B & B Inc
B & H Woodturning Ltd
B & L Forest Products Ltd
B B Pallets Inc./B.B. Pallets Inc
B&L Forest Products Ltd
B.B. Pallets Inc
B.E. Grein Lumber Ltd
B.S.L. Lumber
B.W. Creative Wood Ind. Ltd
Babine Forest Products Limited
Bakerview Forest Products Inc
Bakerview Forest Products/Pat Power Forest Products Corp./Pemco Power Export & Manufacturing Corp
L'Atelier de Réadaptation au travil de Beauce Inc3
Gap Period Liquidation
For the first
administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures “gap” period of the order, if such a gap period is applicable to the POR.
Administrative Protective Orders and Letters of Appearance
Interested parties must submit applications for disclosure under administrative protective orders in accordance with the procedures outlined in Commerce's regulations at 19 CFR 351.305. Those procedures apply to administrative reviews included in this notice of initiation. Parties wishing to participate in any of these administrative reviews should ensure that they meet the requirements of these procedures (
e.g.,
the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)).
Factual Information Requirements
Commerce's regulations identify five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)-(iv). These regulations require any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The regulations, at 19 CFR 351.301, also provide specific time limits for such factual submissions based on the type of factual information being submitted. Please review the final rule, available at
http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt,
prior to submitting factual information in this segment.
Any party submitting factual information in an antidumping duty or countervailing duty proceeding must certify to the accuracy and completeness of that information.[4]
Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives. All segments of any antidumping duty or countervailing duty proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the
Final Rule.[5]
Commerce intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable revised certification requirements.
Extension of Time Limits Regulation
Parties may request an extension of time limits before a time limit established under Part 351 expires, or as otherwise specified by the Secretary.
See19 CFR 351.302. In general, an extension request will be considered untimely if it is filed after the time limit established under Part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Examples include, but are not limited to: (1) Case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2) factual information to value factors under 19 CFR 351.408(c), or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and correction filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate country and surrogate values and rebuttal; (4) comments concerning CBP data; and (5) quantity and value questionnaires. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This modification also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which Commerce will grant untimely-filed requests for the extension of time limits. These modifications are effective for all segments initiated on or after October 21, 2013. Please review the final rule, available at
http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm,
prior to submitting factual information in these segments.
Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
Footnotes
1.
See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures,76 FR 39263 (July 6, 2011).
3.
The other companies, for which a review of the countervailing duty order is requested, are listed separately above, because those companies are subject to both the antidumping and countervailing duty administrative reviews. This company is subject only to the countervailing duty administrative review.