[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Notices]
[Pages 32376-32377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14718]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-566 and 731-TA-1342 (Final)]
Softwood Lumber from Canada; Scheduling of the Final Phase of
Countervailing Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-566 and 731-TA-1342 (Final) pursuant to the Tariff Act of 1930
(``the Act'') to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of softwood lumber from Canada, provided
for in subheadings 4407.10.01, 4409.10.05, 4409.10.10, 4409.10.20,
4409.10.90, 4418.90.10. Subject merchandise may also be classified in
subheadings 4415.20.40, 4415.20.80, 4418.99.90, 4421.91.70, and
4421.91.97 of the Harmonized Tariff Schedule of the United States,
preliminarily determined by the Department of Commerce to be subsidized
and sold at less-than-fair-value.
DATES: Effective June 30, 2017.
FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202-205-3187,
[email protected]), Office of Investigations, U.S. International
Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting
the Commission's TDD terminal on 202-205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at 202-205-2000.
General information concerning the Commission may also be obtained by
accessing its internet server (https://www.usitc.gov). The public
record for these investigations may be viewed on the Commission's
electronic docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as softwood lumber,
siding, flooring and certain other coniferous wood (softwood lumber
products).\1\ The scope includes:
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\1\ Certain Softwood Lumber Products From Canada: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 82 FR
29833, June 30, 2017
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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, V-jointed, 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.
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; 4421.91.70.40; and 4421.91.97.80.
Although these HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of these
investigations is dispositive.
The scope of the order excludes the following items: U.S.-origin
lumber shipped to Canada for processing and imported into the United
States is excluded from the scope of the investigations if the
processing occurring in Canada is limited to one or more of the
following: (1) Kiln drying; (2) planing to create smooth-to-size board;
or (3) sanding. Box-spring frame kits are excluded 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 are excluded. The radius cuts must be present on both ends
of the boards and must be substantially cut so as to completely round
one corner.
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by the Department of Commerce that certain
benefits which constitute subsidies within the meaning of section 703
of the Act (19 U.S.C. 1671b) are being provided to manufacturers,
producers, or exporters in Canada of
[[Page 32377]]
softwood lumber, and that such products are being sold in the United
States at less than fair value within the meaning of section 733 of the
Act (19 U.S.C. 1673b). The investigations were requested in petitions
filed on November 25, 2016, by the Committee Overseeing Action for
Lumber International Trade Investigations or Negotiations (the
``Coalition'').\2\
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\2\ The Coalition is an ad hoc association whose members are:
U.S. Lumber Coalition, Inc., Collum's Lumber Products, L.L.C.,
Hankins, Inc., Potlach Corp., 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. The
Coalition is ``an association, a majority of whose members is
composed of interested parties'' described in Section 771(9)(C) of
the Act, 19 U.S.C. 1677(9)(C).
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For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on August
28, 2017, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Tuesday,
September 12, 2017, at the U.S. International Trade Commission
Building. Requests to appear at the hearing should be filed in writing
with the Secretary to the Commission on or before September 6, 2017. A
nonparty who has testimony that may aid the Commission's deliberations
may request permission to present a short statement at the hearing. All
parties and nonparties desiring to appear at the hearing and make oral
presentations should participate in a prehearing conference to be held
on September 8, 2017, at the U.S. International Trade Commission
Building, if deemed necessary. Oral testimony and written materials to
be submitted at the public hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties
must submit any request to present a portion of their hearing testimony
in camera no later than 7 business days prior to the date of the
hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is September 5, 2017. Parties may also
file written testimony in connection with their presentation at the
hearing, as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is September 19, 2017. In addition, any person who has not
entered an appearance as a party to the investigations may submit a
written statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before September 19, 2017. On October 6, 2017, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before October 10, 2017, but such
final comments must not contain new factual information and must
otherwise comply with section 207.30 of the Commission's rules. All
written submissions must conform with the provisions of section 201.8
of the Commission's rules; any submissions that contain BPI must also
conform with the requirements of sections 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on E-Filing,
available on the Commission's Web site at https://edis.usitc.gov,
elaborates upon the Commission's rules with respect to electronic
filing.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: July 10, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-14718 Filed 7-12-17; 8:45 am]
BILLING CODE 7020-02-P