Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices 347 

1See Certain Softwood Lumber Products From 

Canada: Final Affirmative Countervailing Duty 

Determination, and Final Negative Determination of 

Critical Circumstances, 82 FR 51814 (November 8, 

2017) (Final Determination). 

Dated: December 21, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

Appendix 

Scope of the Investigation 

The scope of this investigation covers colddrawn mechanical tubing of carbon and alloy 

steel (cold-drawn mechanical tubing) of 

circular cross-section, 304.8 mm or more in 

length, in actual outside diameters less than 

331mm, and regardless of wall thickness, 

surface finish, end finish or industry 

specification. The subject cold-drawn 

mechanical tubing is a tubular product with 

a circular cross-sectional shape that has been 

cold-drawn or otherwise cold-finished after 

the initial tube formation in a manner that 

involves a change in the diameter or wall 

thickness of the tubing, or both. The subject 

cold-drawn mechanical tubing may be 

produced from either welded (e.g., electric 

resistance welded, continuous welded, etc.) 

or seamless (e.g., pierced, pilgered or 

extruded, etc.) carbon or alloy steel tubular 

products. It may also be heat treated after 

cold working. Such heat treatments may 

include, but are not limited to, annealing, 

normalizing, quenching and tempering, stress 

relieving or finish annealing. Typical colddrawing methods for subject merchandise 

include, but are not limited to, drawing over 

mandrel, rod drawing, plug drawing, sink 

drawing and similar processes that involve 

reducing the outside diameter of the tubing 

with a die or similar device, whether or not 

controlling the inside diameter of the tubing 

with an internal support device such as a 

mandrel, rod, plug or similar device. Other 

cold-finishing operations that may be used to 

produce subject merchandise include coldrolling and cold-sizing the tubing. 

Subject cold-drawn mechanical tubing is 

typically certified to meet industry 

specifications for cold-drawn tubing 

including but not limited to: 

(1) American Society for Testing and 

Materials (ASTM) or American Society of 

Mechanical Engineers (ASME) specifications 

ASTM A–512, ASTM A–513 Type 3 (ASME 

SA513 Type 3), ASTM A–513 Type 4 (ASME 

SA513 Type 4), ASTM A–513 Type 5 (ASME 

SA513 Type 5), ASTM A–513 Type 6 (ASME 

SA513 Type 6), ASTM A–519 (cold-finished); 

(2) SAE International (Society of 

Automotive Engineers) specifications SAE 

J524, SAE J525, SAE J2833, SAE J2614, SAE 

J2467, SAE J2435, SAE J2613; 

(3) Aerospace Material Specification (AMS) 

AMS T–6736 (AMS 6736), AMS 6371, AMS 

5050, AMS 5075, AMS 5062, AMS 6360, 

AMS 6361, AMS 6362, AMS 6371, AMS 

6372, AMS 6374, AMS 6381, AMS 6415; 

(4) United States Military Standards (MIL) 

MIL–T–5066 and MIL–T–6736; 

(5) foreign standards equivalent to one of 

the previously listed ASTM, ASME, SAE, 

AMS or MIL specifications including but not 

limited to: 

(a) German Institute for Standardization 

(DIN) specifications DIN 2391–2, DIN 2393– 

2, DIN 2394–2); 

(b) European Standards (EN) EN 10305–1, 

EN 10305–2, EN 10305–4, EN 10305–6 and 

European national variations on those 

standards (e.g., British Standard (BS EN), 

Irish Standard (IS EN) and German Standard 

(DIN EN) variations, etc.); 

(c) Japanese Industrial Standard (JIS) JIS G 

3441 and JIS G 3445; and 

(6) proprietary standards that are based on 

one of the above-listed standards. 

The subject cold-drawn mechanical tubing 

may also be dual or multiple certified to 

more than one standard. Pipe that is multiple 

certified as cold-drawn mechanical tubing 

and to other specifications not covered by 

this scope, is also covered by the scope of 

this investigation when it meets the physical 

description set forth above. 

Steel products included in the scope of this 

investigation are products in which: (1) Iron 

predominates, by weight, over each of the 

other contained elements; and (2) the carbon 

content is 2 percent or less by weight. 

For purposes of this scope, the place of 

cold-drawing determines the country of 

origin of the subject merchandise. Subject 

merchandise that is subject to minor working 

in a third country that occurs after drawing 

in one of the subject countries including, but 

not limited to, heat treatment, cutting to 

length, straightening, nondestructive testing, 

deburring or chamfering, remains within the 

scope of this investigation. 

All products that meet the written physical 

description are within the scope of this 

investigation unless specifically excluded or 

covered by the scope of an existing order. 

Merchandise that meets the physical 

description of cold-drawn mechanical tubing 

above is within the scope of the investigation 

even if it is also dual or multiple certified to 

an otherwise excluded specification listed 

below. The following products are outside of, 

and/or specifically excluded from, the scope 

of this investigation: 

(1) Cold-drawn stainless steel tubing, 

containing 10.5 percent or more of chromium 

by weight and not more than 1.2 percent of 

carbon by weight; 

(2) products certified to one or more of the 

ASTM, ASME or American Petroleum 

Institute (API) specifications listed below: 

• ASTM A–53; 

• ASTM A–106; 

• ASTM A–179 (ASME SA 179); 

• ASTM A–192 (ASME SA 192); 

• ASTM A–209 (ASME SA 209); 

• ASTM A–210 (ASME SA 210); 

• ASTM A–213 (ASME SA 213); 

• ASTM A–334 (ASME SA 334); 

• ASTM A–423 (ASME SA 423); 

• ASTM A–498; 

• ASTM A–496 (ASME SA 496); 

• ASTM A–199; 

• ASTM A–500; 

• ASTM A–556; 

• ASTM A–565; 

• API 5L; and 

• API 5CT 

except that any cold-drawn tubing product 

certified to one of the above excluded 

specifications will not be excluded from the 

scope if it is also dual- or multiple-certified 

to any other specification that otherwise 

would fall within the scope of this 

investigation. 

The products subject to the investigation 

are currently classified in the Harmonized 

Tariff Schedule of the United States (HTSUS) 

under item numbers: 7304.31.3000, 

7304.31.6050, 7304.51.1000, 7304.51.5005, 

7304.51.5060, 7306.30.5015, 7306.30.5020, 

7306.50.5030. Subject merchandise may also 

enter under numbers 7306.30.1000 and 

7306.50.1000. The HTSUS subheadings 

above are provided for convenience and 

customs purposes only. The written 

description of the scope of the investigation 

is dispositive. 

[FR Doc. 2017–28405 Filed 1–2–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–122–858] 

Certain Softwood Lumber Products 

From Canada: Amended Final 

Affirmative Countervailing Duty 

Determination and Countervailing Duty 

Order 

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 (ITC), 

Commerce is issuing a countervailing 

duty order on Certain Softwood Lumber 

Products (Softwood Lumber) from 

Canada. Also, Commerce is amending 

its final countervailing duty 

determination with respect to Softwood 

Lumber from Canada, to correct 

ministerial errors. 

DATES: January 3, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Czajkowski and Kristen 

Johnson, AD/CVD Operations, Offices I 

and III, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: 202–482–1395 

and (202) 482–4793, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with sections 705(a), 

705(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 

countervailing duty investigation of 

Softwood Lumber from Canada.1


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

2See Letter from ITC concerning Softwood 

Lumber from Canada USITC Investigation Nos. 

701–TA–566 and 731–TA–1342, USITC Publication 

4749 (December 2017) (ITC Letter). 

3See Letter from West Fraser ‘‘Softwood Lumber 

from Canada: Request for Correction of Ministerial 

Error in 

the Investigation Final Determination 

Calculations,’’ November 9, 2017 (West Fraser 

Ministerial Error Allegation). 

4See Letter from Resolute and CIFQ ‘‘Softwood 

Lumber from Canada: Comments Regarding 

Ministerial 

Error,’’ November 13, 2017 (Resolute Ministerial 

Error Allegation). 

5The petitioner is an ad hoc association whose 

members are: U.S. Lumber Coalition, Inc.; Collum’s 

Lumber Products, L.L.C.; Hankins, Inc.; Potlatch 

Corporation; Rex Lumber Company; Seneca 

Sawmill Company; Sierra Pacific Industries; 

Stimson Lumber Company; Swanson Group; 

Weyerhaeuser Company; Carpenters Industrial 

Council; Giustina Land and Timber Company; 

Sullivan Forestry Consultants, Inc. 

6See Memorandum ‘‘Ministerial Error Allegations 

Concerning Final Affirmative Countervailing Duty 

Determination, and Final Negative Determination of 

Critical Circumstances,’’ December 4, 2017. 

7 Id. 

8 Id. 

9 Id. 

10 Id. 

11See ITC Letter. 

12See Certain Softwood Lumber Products From 

Canada: Preliminary Affirmative Countervailing 

Duty Determination, and Alignment of Final 

Determination With Final Antidumping Duty 

Determination, 82 FR 19657 (April 28, 2017) 

(Preliminary Determination). 

13See section 706(a)(3) of the Act. 

Interested parties submitted timely filed 

allegations that Commerce made certain 

ministerial errors in the final 

determination of Softwood Lumber from 

Canada. Section 705(e) of the Act and 19 

CFR 351.224(f) defines ministerial errors 

as errors in addition, subtraction, or 

other arithmetic function, clerical errors 

resulting from inaccurate copying, 

duplication, or the like, and any other 

type of unintentional error which the 

administering authority considers 

ministerial. We reviewed the allegations 

and determined that we made certain 

ministerial errors. See ‘‘Amendment to 

the Final Determination’’ section below 

for further discussion. 

On December 26, 2017, the ITC 

notified Commerce of its final 

determination pursuant to section 

705(b)(1)(A)(i) and section 705(d) of the 

Act, that an industry in the United 

States is materially injured by reason of 

subsidized imports of Softwood Lumber 

from Canada.2

Scope of the Order 

The products covered by this order is 

Softwood Lumber from Canada. For a 

complete description of the scope of this 

order, see Appendix I. 

Amendment to the Final Determination 

On November 9, 2017, West Fraser 

Mills Ltd. and its cross-owned affiliates 

(collectively, West Fraser) submitted a 

timely, properly filed allegation that 

Commerce made certain ministerial 

errors in the Final Determination.3 On 

November 13, 2017, Resolute FP Canada 

Inc. and Resolute FP US Inc. 

(collectively, Resolute) and Conseil de 

l’Industrie Forestiere du Quebec (CIFQ) 

submitted a timely, properly filed 

allegation that Commerce made certain 

ministerial errors in the Final 

Determination.4 On November 17, 2017, 

the petitioner 5 submitted rebuttal 

comments to the Resolute and CIFQ 

allegation. 

Commerce reviewed the record and, 

on December 4, 2017, agreed that the 

error referenced in West Fraser’s 

allegation constitutes a ministerial error 

within the meaning of 705(e) of the Act 

and 19 CFR 351.224(f).6 Commerce 

found that it erroneously calculated 

West Fraser’s benefit under the Alberta 

Tax-Exempt Fuel Program for Marked 

Fuel, and this error was contrary to our 

methodological intention.7 Pursuant to 

19 CFR 351.224(e), Commerce is 

amending the Final Determination to 

reflect the correction of the ministerial 

error described above. However, 

Commerce did not find a ministerial 

error with regard to the Resolute and 

CIFQ allegation,8 and thus Commerce is 

not amending the Final Determination 

with regard to that allegation. Based on 

our correction of the ministerial error in 

West Fraser’s calculation, the subsidy 

rate for West Fraser decreased from 

18.19 percent ad valorem to 17.99 

percent ad valorem.9 Because the ‘‘allothers’’ rate is based, in part, on West 

Fraser’s ad valorem subsidy rate, the 

correction noted above also decreases 

the ‘‘all-others’’ rate determined in the 

Final Determination to 14.19 percent ad 

valorem.10 All other countervailing duty 

rates remain unchanged from the Final 

Determination. 

Countervailing Duty Order 

In accordance with sections 

705(b)(1)(A)(i) and 705(d) of the Act, the 

ITC notified Commerce of its final 

determinations that an industry in the 

United States is materially injured by 

reason of of subsidized imports of 

Softwood Lumber from Canada.11

Therefore, in accordance with section 

705(c)(2) of the Act, we are issuing this 

countervailing 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 countervailing duties. 

As a result of the ITC’s final 

determination, in accordance with 

section 706(a) of the Act, Commerce 

will direct U.S. Customs and Border 

Protection (CBP) to assess, upon further 

instruction by Commerce, 

countervailing duties equal to the net 

countervailable subsidy rates, for all 

relevant entries of Softwood Lumber 

from Canada. Countervailing duties will 

be assessed on unliquidated entries of 

Softwood Lumber from Canada entered, 

or withdrawn from warehouse, for 

consumption on or after April 28, 2017, 

the date of publication of the 

Preliminary Determination,12 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. 

Amended Cash Deposits and 

Suspension of Liquidation 

In accordance with section 706 of the 

Act, Commerce will instruct CBP to 

reinstitutue suspension of 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 subsidy rates listed below.13

The all-others rate applies to all 

producers or exporters not specifically 

listed, as appropriate. 

Company Subsidy rate 

(%) 

Canfor Corporation and its cross-owned affiliates 14 .......................................................................................................................... 13.24 

J.D. Irving Limited and its cross-owned affiliates 15 ............................................................................................................................ 3.34 


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Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices 349 

Company Subsidy rate 

(%) 

Resolute FP Canada Inc. and its cross-owned affiliates 16 ................................................................................................................ 14.70 

Tolko Marketing and Sales Ltd. and its cross-owned affiliates 17 ....................................................................................................... 14.85 

West Fraser Mills Ltd. and its cross-owned affiliates 18 ...................................................................................................................... 17.99 

All-Others ............................................................................................................................................................................................. 14.19 

14 Commerce has found the following companies to be cross-owned with Canfor Corporation: Canadian Forest Products, Ltd., and Canfor 

Wood Products Marketing, Ltd. 15 Commerce has 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. 16 Commerce has found the following companies to be cross-owned with Resolute: Resolute Growth Canada Inc., Resolute Sales Inc., AbitibiBowater Canada Inc., Bowater Canadian Ltd., Resolute Forest Products Inc., Produits Forestiers Maurice SEC., and 9192–8515 Quebec Inc. 17 Commerce has found the following companies to be cross-owned with Tolko: Tolko Industries Ltd., and Meadow Lake OSB Limited Partnership. 18 Commerce has found the following companies to be cross-owned with West Fraser: West Fraser Timber Co. Ltd., West Fraser Alberta Holdings, Ltd., Blue Ridge Lumber Inc., Manning Forest Products, Ltd., Sunpine Inc., and Sundre Forest Products Inc. 

Provisional Measures 

Section 703(d) of the Act states that 

the suspension of liquidation pursuant 

to an affirmative preliminary 

countervailing duty determination may 

not remain in effect for more than four 

months. In the underlying investigation, 

Commerce published the Preliminary 

Determination on April 28, 2017. 

Therefore, the four-month period 

beginning on the date of the publication 

of the Preliminary Determination ended 

on August 26, 2017. Furthermore, 

section 707(b) of the Act states that 

definitive duties are to begin on the date 

of publication of the ITC’s final injury 

determination. Therefore, in accordance 

with section 703(d) of the Act and our 

practice, we instructed CBP to terminate 

the suspension of liquidation and to 

liquidate, without regard to duties, 

unliquidated entries of Softwood 

Lumber from Canada made on or after 

August 26, 2017. Suspension of 

liquidation will resume on the date of 

publication of the ITC’s final 

determination in the Federal Register. 

Notification to Interested Parties 

This notice constitutes the 

countervailing duty order with respect 

to Softwood Lumber from Canada, 

pursuant to section 706(a) of the Act. 

Interested parties may find an updated 

list of CVD orders currently in effect at 

http://enforcement.trade.gov/stats/ 

iastats1.html. 

This order is issued and published in 

accordance with section 706(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 I—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 order. 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 order 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: I-joists; 

assembled pallets; cutting boards; assembled 

picture frames; garage doors. 

The following items are excluded from the 

scope of this order: 

• 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 order 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 order is dispositive. 

[FR Doc. 2017–28483 Filed 1–2–18; 8:45 am] 

BILLING CODE 3510–DS–P 


sradovich on DSK3GMQ082PROD with NOTICES