AD/CV: Canada Certain Softwood Lumber Products

(ITA sources state that these final results rates replace any expedited review rates in effect, as well as replace the Section 129 CV cash deposit rate that was recently implemented.

The period of review for the AD duty administrative review is May 22, 2002 through April 30, 2003, while the period of review for the CV duty administrative review is May 22, 2002 through March 31, 2003.)

As a result, the ITA will instruct U.S. Customs and Border Protection (CBP) to collect AD and/or CV cash deposits of estimated duties, as appropriate, for shipments of subject merchandise with a time of entry on or after December 20, 2004, as follows:

AD Cash Deposit Rates for a Time of Entry on or after 12/20/04

(a) For merchandise exported by producers or exporters not covered in the AD duty administrative review but covered in the AD duty investigation, the cash deposit rate will continue to be the company-specific rate from the final AD duty determination.

(b) If the exporter is not a firm covered in the AD duty administrative review or in the AD duty investigation, but the producer is, the cash deposit rate will be that established for the producer of the merchandise in these final results of the AD duty administrative review or in the final AD duty determination.

(c) If neither the exporter nor the producer is a firm covered in this AD duty administrative review or the AD duty investigation, the AD cash deposit rate will be 8.43%, the "all others" rate established in the AD duty investigation.

(d) For these four companies, the ITA has calculated either a zero or de minimis CV rate. No CV cash deposit will be required.

¹ Nakina Forest Products Limited is a division of Long Lake Forest Products, Inc., an affiliate of Buchanan Lumber Sales.

² During the period of review Sinclar Enterprises Ltd. (Sinclar, one of the "review-specific" rate recipients) acted as an affiliated reseller for Lakeland, an affiliate of Canfor. In this review, the ITA reviewed the sales of Canfor and its affiliates; therefore, Canfor's weighted-average margin applies to all sales of subject merchandise produced by any member of the Canfor Group and sold by Sinclar. As Sinclar also separately requested a review, any sales of subject merchandise produced by another manufacturer and sold by Sinclar will receive the "Review- Specific'' rate. In addition, Canadian Forest Products, Ltd, is a wholly owned subsidiary of Canfor and will receive Canfor's weighted-average margin.

³The ITA notes that Produits Forestiers Temrex Limited Partnership is the same entity as the company Produits Forestiers Temrex Usine St. Alphonse, Inc. included in the initiation notice.

⁴Based on the final results of the changed circumstances review, Monterra shall receive Weyerhaeuser's weighted-average margin until December 23, 2002; thereafter, the company will be subject to the review-specific average rate. (See ITT's Online Archives or 09/24/03 news, 03092430, for BP summary of these final results.)

ITA Updates the Scope of the Order for Certain U.S.-Origin Merchandise

In addition to one or more minor editorial changes, the ITA updates its information for certain excluded merchandise in the scope description by adding a footnote to the excluded item entitled "U.S.-Origin Lumber" which states: "For further clarification pertaining to this exclusion, see the additional language concluding the scope description below."

The scope description has also been updated to clarify the first sentence in the last paragraph by adding the words "antidumping and" between the words "the" and "countervailing." In this same sentences the word "order" has been changed to "orders."

(ITA sources state that due to an oversight, the scope description in the final results of the CV duty administrative review does not reflect the above-described changes. Therefore, the AD duty administrative review's updated scope description should also be referenced for the CV review.)

Final Results of AD Duty Changed Circumstances Review for Canfor & Slocan

The ITA has combined the final results of its AD duty administrative review with the final results of its AD duty changed circumstances review concerning the April 1, 2004 merger of Canfor Corporation (Canfor) and Slocan Forest Products, Ltd. (Slocan).

The ITA determines that post-merger Canfor will be assigned a cash deposit rate reflecting a weighted-average of Canfor's and Slocan's respective cash deposit rates prior to the merger, effective December 20, 2004. (See ITT's Online Archives or 10/08/04 news, 04100835, for BP summary of the preliminary results of this AD duty changed circumstances review.)

Assessment Instructions for Review Periods (05/22/02-04/30/03 & 05/22/02-03/31/03)

AD assessment instructions. The ITA states that it will determine and CBP will assess AD duties on all appropriate entries. The ITA states that it will issue appropriate assessment instructions directly to CBP within 15 days of December 20, 2004.

CV assessment instructions. The ITA states that it will instruct CBP within 15 days of December 20, 2004 to liquidate shipments of subject merchandise with a time of entry from May 22, 2002 through March 31, 2003 at the above indicated company-specific and aggregate CV rates. It will also direct CBP to exempt from the application of the CV duty order only entries of subject merchandise from Canada which are accompanied by an original Certificate of Origin issued by the Maritime Lumber Bureau (MLB), and those of the 26 excluded companies.

(See ITA AD and CV notices for more information, including the updated scope of the order, listing of rescinded companies, further information on CV Maritime Province exemption, etc. See ITT's Online Archives or 07/09/04 news, 04070960, for BP summary of the preliminary results of these AD and CV duty administrative reviews.)

ITA Contacts - Constance Handley (202) 482-0631 (AD)

Kristen Johnson (202) 482-4793 (CV)

ITA Notices (FR Pub 12/20/04):

AD: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/E4-3751.pdf

CV: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/E4-3748.pdf