350 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices 

1See Certain Softwood Lumber Products from 

Canada: Final Affirmative Determination of Sales at 

Less Than Fair Value and Affirmative Final 

Determination of Critical Circumstances, 82 FR 

51806 (November 8, 2017) (Final Determination). 

2See Letter to Gary Taverman, Acting Assistant 

Secretary of Commerce for Enforcement and 

Compliance, from Rhonda K. Schmidtlein, 

Chairman of the U.S. International Trade 

Commission, regarding certain softwood lumber 

products from Canada (December 26, 2017) (ITC 

Letter). 

3See Comments from Canfor Corporation dated 

November 13, 2017. 

4See Memorandum, ‘‘Final Affirmative 

Determination of Sales at Less Than Fair Value and 

Affirmative Final Determination of Critical 

Circumstances of Certain Softwood Lumber 

Products from Canada: Allegations of Ministerial 

Errors,’’ dated December 4, 2017. 

5See ITC Letter. 

6See Certain Softwood Lumber Products from 

Canada: Preliminary Affirmative Determination of 

Sales at Less Than Fair Value, 82 FR 29833 (June 

30, 2017) (Preliminary Determination). 

7See section 736(a)(3) of the Act. 

8See Certain Softwood Lumber Products from 

Canada: Postponement of Final Determination of 

Less-Than-Fair-Value Investigation and Extension 

of Provisional Measures, 82 FR 41609 (September 

1, 2017). 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–122–857] 

Certain Softwood Lumber Products 

From Canada: Antidumping Duty Order 

and Partial Amended Final 

Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the Department of 

Commerce (Commerce) and the 

International Trade Commission (the 

ITC), Commerce is issuing an 

antidumping duty order on certain 

softwood lumber products (softwood 

lumber) from Canada. 

DATES: January 3, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Bailey at (202) 482–0193, AD/ 

CVD Operations, Enforcement and 

Compliance, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with sections 735(d) 

and 777(i)(1) of the Tariff Act of 1930, 

as amended (the Act), and 19 CFR 

351.210(c), on November 8, 2017, 

Commerce published an affirmative 

final determination in the less-than-fairvalue (LTFV) investigation of softwood 

lumber from Canada.1 On December 26, 

2017, the ITC notified Commerce of its 

affirmative determination that an 

industry in the United States is 

materially injured within the meaning 

of section 735(b)(1)(A)(i) of the Act, by 

reason of the LTFV imports of softwood 

lumber from Canada and its 

determination that critical 

circumstances do not exist with respect 

to imports of subject merchandise from 

certain producers subject to Commerce’s 

affirmative critical circumstances 

determination.2

On November 13, 2017, Canfor 

Corporation (Canfor), one of the 

mandatory respondents, alleged that 

Commerce made ministerial errors with 

respect to the calculation of Canfor’s 

dumping margin in the final 

determination.3 We agree that the 

alleged errors were made, and are 

amending Canfor’s dumping margin as 

well as the All-Others rate.4

Scope of the Order 

The product covered by this order is 

softwood lumber from Canada. For a 

complete description of the scope of this 

order, see the Appendix to this notice. 

Antidumping Duty Order 

In accordance with sections 

735(b)(1)(A)(i) and 735(d) of the Act, the 

ITC notified Commerce of its final 

determination in this investigation, in 

which it found that an industry in the 

United States is materially injured by 

reason of imports of softwood lumber 

from Canada. The ITC also notified 

Commerce of its determination that 

critical circumstances do not exist with 

respect to imports of softwood lumber 

from Canada subject to Commerce’s 

critical circumstances finding.5

Therefore, in accordance with section 

735(c)(2) of the Act, Commerce is 

issuing this antidumping duty order. 

Because the ITC determined that 

imports of softwood lumber from 

Canada are materially injuring a U.S. 

industry, unliquidated entries of such 

merchandise from Canada, entered or 

withdrawn from warehouse for 

consumption, are subject to the 

assessment of antidumping duties. 

As a result of the ITC’s final 

determination, in accordance with 

section 736(a)(1) of the Act, Commerce 

will direct U.S. Customs and Border 

Protection (CBP) to assess, upon further 

instruction by Commerce, antidumping 

duties equal to the amount by which the 

normal value of the merchandise 

exceeds the export price (or constructed 

export price) of the merchandise, for all 

relevant entries of softwood lumber 

from Canada. Antidumping duties will 

be assessed on unliquidated entries of 

softwood lumber from Canada entered, 

or withdrawn from warehouse, for 

consumption on or after June 30, 2017, 

the date of publication of the 

preliminary determination,6 but will not 

include entries occurring after the 

expiration of the provisional measures 

period and before publication of the 

ITC’s final injury determination as 

further described below. 

Suspension of Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, Commerce will 

instruct CBP to continue to suspend 

liquidation on all relevant entries of 

softwood lumber from Canada. These 

instructions suspending liquidation will 

remain in effect until further notice. 

Commerce will also instruct CBP to 

require cash deposits equal to the 

amounts as indicated below. 

Accordingly, effective on the date of 

publication of the ITC’s final affirmative 

injury determination, CBP will require, 

at the same time as importers would 

normally deposit estimated duties on 

this subject merchandise, a cash deposit 

equal to the cash deposit rates listed 

below.7 The relevant all-others rate 

applies to all producers or exporters not 

specifically listed, as appropriate. 

Provisional Measures 

Section 733(d) of the Act states that 

instructions issued pursuant to an 

affirmative preliminary determination 

may not remain in effect for more than 

four months, except where exporters 

representing a significant proportion of 

exports of the subject merchandise 

request Commerce to extend that fourmonth period to no more than six 

months. At the request of exporters that 

account for a significant proportion of 

softwood lumber from Canada, 

Commerce extended the four-month 

period to six months in each case.8 In 

the underlying investigation, Commerce 

published the preliminary 

determination on June 30, 2017. 

Therefore, the extended period, 

beginning on the date of publication of 

the preliminary determination, ended 

on December 26, 2017. Furthermore, 

section 737(b) of the Act states that the 

collection of final, estimated cash 

deposits will begin on the date of 

publication of the ITC’s final injury 

determination. 

Therefore, in accordance with section 

733(d) of the Act and our practice, 

Commerce will instruct CBP to 

terminate the suspension of liquidation 

and to liquidate, without regard to 

antidumping duties, unliquidated 

entries of softwood lumber from Canada 

entered, or withdrawn from warehouse, 

for consumption after December 26, 

2017, the date on which the provisional 


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Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices 351 

measures expired, until and through the 

day preceding the date of publication of 

the ITC’s final injury determinations in 

the Federal Register. Suspension of 

liquidation will resume on the date of 

publication of the ITC’s final 

determination in the Federal Register. 

Critical Circumstances 

With regard to the ITC’s negative 

critical circumstances determination on 

imports of subject merchandise from 

Canada, Commerce will instruct CBP to 

lift suspension and to refund any cash 

deposits made to secure the payment of 

estimated antidumping duties with 

respect to entries of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after April 1, 

2017 (i.e., 90 days prior to the date of 

publication of the preliminary 

determination), but before June 30, 

2017, (i.e., the date of publication of the 

preliminary determination). 

Estimated Weighted-Average Dumping 

Margins 

The weighted-average antidumping 

duty margin percentages and cash 

deposit rates are as follows: 

Exporter or producer 

Weighted 

average 

dumping 

margin 

(percent) 

Canfor Corporation ............... 7.28 

Resolute FP Canada Inc. ..... 3.20 

Tolko Industries Ltd. and 

Tolko Marketing & Services, Ltd. ............................ 7.22 

West Fraser Mills Ltd. .......... 5.57 

All-Others .............................. 6.04 

This notice constitutes the 

antidumping duty order with respect to 

softwood lumber from Canada pursuant 

to section 736(a) of the Act. Interested 

parties can find a list of antidumping 

duty orders currently in effect at http:// 

enforcement.trade.gov/stats/ 

iastats1.html. 

This order is published in accordance 

with section 736(a) of the Act and 19 

CFR 351.211(b). 

Dated: December 28, 2017. 

P. Lee Smith, 

Deputy Assistant Secretary for Policy and 

Negotiations. 

Appendix 

Scope of the Order 

The merchandise covered by this order is 

softwood lumber, siding, flooring and certain 

other coniferous wood (softwood lumber 

products). The scope includes: 

• Coniferous wood, sawn, or chipped 

lengthwise, sliced or peeled, whether or not 

planed, whether or not sanded, or whether or 

not finger-jointed, of an actual thickness 

exceeding six millimeters. 

• Coniferous wood siding, flooring, and 

other coniferous wood (other than moldings 

and dowel rods), including strips and friezes 

for parquet flooring, that is continuously 

shaped (including, but not limited to, 

tongued, grooved, rebated, chamfered, Vjointed, beaded, molded, rounded) along any 

of its edges, ends, or faces, whether or not 

planed, whether or not sanded, or whether or 

not end-jointed. 

• Coniferous drilled and notched lumber 

and angle cut lumber. 

• Coniferous lumber stacked on edge and 

fastened together with nails, whether or not 

with plywood sheathing. 

• Components or parts of semi-finished or 

unassembled finished products made from 

subject merchandise that would otherwise 

meet the definition of the scope above. 

Finished products are not covered by the 

scope of this investigation. For the purposes 

of this scope, finished products contain, or 

are comprised of, subject merchandise and 

have undergone sufficient processing such 

that they can no longer be considered 

intermediate products, and such products 

can be readily differentiated from 

merchandise subject to this investigation at 

the time of importation. Such differentiation 

may, for example, be shown through marks 

of special adaptation as a particular product. 

The following products are illustrative of the 

type of merchandise that is considered 

‘‘finished’’ for the purpose of this scope: Ijoists; assembled pallets; cutting boards; 

assembled picture frames; garage doors. 

The following items are excluded from the 

scope of this investigation: 

• Softwood lumber products certified by 

the Atlantic Lumber Board as being first 

produced in the Provinces of Newfoundland 

and Labrador, Nova Scotia, or Prince Edward 

Island from logs harvested in Newfoundland 

and Labrador, Nova Scotia, or Prince Edward 

Island. 

• U.S.-origin lumber shipped to Canada for 

processing and imported into the United 

States if the processing occurring in Canada 

is limited to one or more of the following: (1) 

Kiln drying; (2) planing to create smooth-tosize board; or (3) sanding. 

• Box-spring frame kits if they contain the 

following wooden pieces—two side rails, two 

end (or top) rails and varying numbers of 

slats. The side rails and the end rails must 

be radius-cut at both ends. The kits must be 

individually packaged and must contain the 

exact number of wooden components needed 

to make a particular box-spring frame, with 

no further processing required. None of the 

components exceeds 1’’ in actual thickness or 

83’’ in length. 

• Radius-cut box-spring-frame 

components, not exceeding 1’’ in actual 

thickness or 83’’ in length, ready for 

assembly without further processing. The 

radius cuts must be present on both ends of 

the boards and must be substantially cut so 

as to completely round one corner. 

Softwood lumber product imports are 

generally entered under Chapter 44 of the 

Harmonized Tariff Schedule of the United 

States (HTSUS). This chapter of the HTSUS 

covers ‘‘Wood and articles of wood.’’ 

Softwood lumber products that are subject to 

this investigation are currently classifiable 

under the following ten-digit HTSUS 

subheadings in Chapter 44: 4407.10.01.01; 

4407.10.01.02; 4407.10.01.15; 4407.10.01.16; 

4407.10.01.17; 4407.10.01.18; 4407.10.01.19; 

4407.10.01.20; 4407.10.01.42; 4407.10.01.43; 

4407.10.01.44; 4407.10.01.45; 4407.10.01.46; 

4407.10.01.47; 4407.10.01.48; 4407.10.01.49; 

4407.10.01.52; 4407.10.01.53; 4407.10.01.54; 

4407.10.01.55; 4407.10.01.56; 4407.10.01.57; 

4407.10.01.58; 4407.10.01.59; 4407.10.01.64; 

4407.10.01.65; 4407.10.01.66; 4407.10.01.67; 

4407.10.01.68; 4407.10.01.69; 4407.10.01.74; 

4407.10.01.75; 4407.10.01.76; 4407.10.01.77; 

4407.10.01.82; 4407.10.01.83; 4407.10.01.92; 

4407.10.01.93; 4409.10.05.00; 4409.10.10.20; 

4409.10.10.40; 4409.10.10.60; 4409.10.10.80; 

4409.10.20.00; 4409.10.90.20; 4409.10.90.40; 

and 4418.99.10.00. 

Subject merchandise as described above 

might be identified on entry documentation 

as stringers, square cut box-spring-frame 

components, fence pickets, truss 

components, pallet components, flooring, 

and door and window frame parts. Items so 

identified might be entered under the 

following ten-digit HTSUS subheadings in 

Chapter 44: 

4415.20.40.00; 4415.20.80.00; 

4418.99.90.05; 4418.99.90.20; 4418.99.90.40; 

4418.99.90.95; 4421.99.70.40; and 

4421.99.97.80. 

Although these HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

scope of this investigation is dispositive. 

[FR Doc. 2017–28484 Filed 1–2–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–059] 

Cold-Drawn Mechanical Tubing of 

Carbon and Alloy Steel From the 

People’s Republic of China: Notice of 

Correction to Final Affirmative 

Countervailing Duty Determination, 

and Final Affirmative Determination of 

Critical Circumstances, in Part 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

FOR FURTHER INFORMATION CONTACT: 

Shanah Lee at (202) 482–6386 or Alex 

Rosen at (202) 482–7814, AD/CVD 

Operations, Office III, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: On 

December 11, 2017, the Department of 

Commerce (Department) published the 

final affirmative countervailing duty 

determination on certain cold-drawn 

mechanical tubing of carbon and alloy 

steel (cold-drawn mechanical tubing) 


sradovich on DSK3GMQ082PROD with NOTICES