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ITA Announces Final Results of Second AD/CV Admin Reviews for Canada Softwood Lumber (CV Cash Deposit Rate to Drop by Almost Half , etc.)

The International Trade Administration (ITA) has issued a press release announcing the final results of the second antidumping (AD) and countervailing (CV) administrative reviews for entries of certain softwood lumber from Canada for the review periods of May 1, 2003 through April 30, 2004 (AD) and April 1, 2003 - March 31, 2004 (CV).

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According to trade sources, the final results will be used to calculate certain AD and/or CV duties due for entries during the above review periods, as well as set certain of the estimated AD and CV cash deposit rates for shipments with a time of entry on or after the date these final results are published in the Federal Register.

Final Results of Review for CV Duty Order (C-122-839)

According to the ITA, the final net countervailable subsidy rate calculated by the ITA for the second administrative review is 8.70% for all imports of subject merchandise (which excludes certain companies and certain products from the Maritime Provinces.)

(The net countervailable subsidy rate from the first CV administrative review, as amended, was 16.37%.)

As a result, the country-wide estimated CV cash deposit rate is expected to soon be reduced to 8.70% (from 16.37%).

Final Results of Review for AD Duty Order (A-122-838)

The ITA states that for the second administrative review, it received more than 400 individual requests from Canadian producers/exporters of softwood lumber, and chose eight mandatory respondents to review individually.

For the hundreds of producers/exporters for which a review was requested and initiated, but which were not reviewed individually, the ITA states that the final AD margin is the "review-specific" average, which is 2.11%.

(The "review-specific" average from the first AD administrative review, as amended, was 3.78%.)

As a result, the estimated AD cash deposit rate for those companies that receive the "review-specific" average of the second review is expected to soon be 2.11%.

Importantly, the ITA states that the "review-specific" average rate is to be distinguished from the "All Others" AD rate of 11.54% calculated in the ITA's recent determination under Section 129 of the Uruguay Round Agreements Act, which applies only to those Canadian producers/exporters that have never participated in an administrative review.

Regarding the eight mandatory respondents that were reviewed individually in the second review, the ITA states that their final AD margins (as compared to their margins from the first administrative review, as amended) are as follows:

Abitibi- Consolidated Co. of Canada2.52%(from 3.12%)
Buchanan Lumber Sales Inc.2.86%(from 4.76%)
Canfor Corp.1.36%(from 1.83%)
Tembec Inc.4.02%(from 9.10%)
Tolko Industries Ltd.3.09%(from 3.72%)
Weldwood of Canada Limited0.61%
West Fraser Mills Ltd.0.51%(from .91%)
Weyerhauser Company4.43%(from 7.99%)

These final AD margins from the second review are expected to be soon be the estimated AD cash deposit rates for the above companies.

(See ITT's Online Archives or 06/08/05 news, 05060825 for BP summary of preliminary results of these reviews. See ITT's Online Archives or 05/03/05 news, 05050315 for BP summary of Section 129 determination for the "All Others" rate.

See ITT's Online Archives or 06/29/05 news, 05062935 for BP summary of initiation of changed circumstances review to determine whether Weldwood of Canada Ltd. and West Fraser Mills Ltd. should be treated as one corporate entity.

See ITT's Online Archives or 04/29/05 news, 05042915 for BP summary of CBP guidance on which AD/CV rates and exemptions to use for certain softwood lumber from Canada.)

ITA press release on second AD/CV administrative reviews (posted 12/06/05) available at http://www.ita.doc.gov/media/FactSheet/1205/lumber_120605.html