[Federal Register: January 8, 2003 (Volume 68, Number 5)]
[Notices]
[Page 1030-1031]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja03-23]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-838, C-122-839]
Certain Softwood Lumber From Canada: Notice of Initiation of
Antidumping Duty New Shipper Review for the Period May 22, 2002,
Through October 31, 2002; Notice of Initiation of Countervailing Duty
New Shipper Review for the Period January 1, 2002, Through December 31,
2002; and Rescission of Countervailing Duty Expedited Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation of antidumping and countervailing duty new
shipper reviews and rescission of countervailing duty expedited review
in certain softwood lumber from Canada.
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EFFECTIVE DATE: January 8, 2003.
SUMMARY: The Department of Commerce (the Department) has received
requests to conduct new shipper reviews of the antidumping (AD) and
countervailing duty (CVD) orders on certain softwood lumber from
Canada. In accordance with section 751(a)(2)(B) of the Tariff Act of
1930, as amended (the Act), and 19 CFR 351.214(d) (2002), we are
initiating AD and CVD new shipper reviews for Scierie La Pointe & Roy
Ltee.
FOR FURTHER INFORMATION CONTACT: Vicki Schepker or Keith Nickerson (AD
review) at (202) 482-1756 and (202) 482-3813, respectively; Gayle
Longest or Eric B. Greynolds (CVD review) at (202) 482-3338 and (202)
482-0671, respectively; Group II, AD/CVD Enforcement, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230.
Background
On November 26, 2002, the Department received timely requests from
Scierie La Pointe & Roy Ltee (La Pointe & Roy), in accordance with 19
CFR 351.214(c) (2002), for new shipper reviews of the AD and CVD orders
on certain softwood lumber from Canada, which have a May anniversary
month.\1\
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\1\ (See Certain Softwood Lumber Products from Canada, 67 FR
36068, 36070 (May 22, 2002).
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As required by 19 CFR 351.214(b)(2)(i), (ii), and (iii)(A), La
Pointe & Roy certified that it did not export certain softwood lumber
to the United States during the period of investigation (POI), and that
it has never been affiliated with any exporter or producer which
exported certain softwood lumber during the POI.\2\ Pursuant to 19 CFR
351.214(b)(2)(iv), the company submitted documentation establishing the
date on which it first shipped the subject merchandise to the United
States, the date of entry of that first shipment, the volume of that
and subsequent shipments, the date of the first sale to an unaffiliated
customer in the United States, and that it has informed the Governments
of Canada and Quebec, through counsel, that they will be required to
provide a full response to the Department's questionnaire.\3\
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\2\ See submission from Alston & Bird LLP to the Department,
dated November 26, 2002, at Exhibits 1 and 2.
\3\ See Id., at Exhibits 3, 4, and 5.
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In accordance with section 751(a)(2)(B) of the Act, and 19 CFR
351.214(b), and based on information on the record, we are initiating
AD and CVD new shipper reviews for La Pointe & Roy.
Initiation of Reviews
On December 12, 2002, the Coalition for Fair Lumber Imports
Executive Committee (the petitioners) submitted comments regarding the
new shipper review requests of La Pointe & Roy. The petitioners allege
that La Pointe & Roy should not be considered a new shipper because it
was allocated quota under the 1996 U.S./Canada Softwood Lumber
Agreement. According to the petitioners, as a holder of quota, La
Pointe & Roy had a strong incentive to sell subject merchandise to the
United States either directly or indirectly.\4\
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\4\ See submission from Dewey Ballantine LLP to the Department,
dated December 12, 2002, at 5.
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Furthermore, the petitioners assert that even if La Pointe & Roy
did not export subject merchandise during the POI, there is no valid
reason to initiate a CVD new shipper review, since the company has
requested an expedited review. According to the petitioners, La Pointe
& Roy is withdrawing its request for expedited review because the
company did not export subject merchandise to the United States during
the POI. The petitioners argue that a company does not have to export
the
[[Page 1031]]
subject merchandise during the POI to be a part of the expedited review
process and that a CVD new shipper review would have the same focus as
a CVD expedited review--whether and to what extent a particular product
benefitted from subsidies. Therefore, the petitioners assert that there
is no reason for the Department to initiate a CVD new shipper review as
the same result can be obtained through the expedited review process.
On December 19, 2002, La Pointe & Roy submitted rebuttal comments
to the issues raised by the petitioners; the petitioners responded on
December 24, 2002. Although on December 19, 2002, La Pointe & Roy
stated that transfer of its allocated quota during the POI was done
without the specific knowledge of what the ultimate use of the quota
would be by the customer, on December 27, 2002, it corrected its
statement to indicate that, in fact, it ``was not allocated any quota
by the Canadian government between April 1, 2000 and March 31, 2001,''
\5\ the POI.
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\5\ See submission from Alston & Bird LLP to the Department on
behalf of La Pointe & Roy, dated December 27, 2002.
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In addition, on December 31, 2002, La Pointe and Roy clarified that
the quota it received in 1998 and 1999 was transferred to other
companies in 1998 and 1999 and was not carried over into the POI.
Furthermore, the company stated that the transfers of quota described
as occurring during the POI in its December 19, 2002, submission
occurred prior to, not during, the POI.
After reviewing the submissions of all parties, we have determined
that La Pointe & Roy's certifications that during the POI (1) it did
not export to the United States and (2) it did not receive any quota
which would have allowed it to export to the United States, are
sufficient, for purposes of initiation. Moreover, there is no conflict
with any expedited review because La Pointe & Roy is withdrawing its
request for expedited review on the grounds that it did not export
during the POR, as stated in their November 26, 2002, submission. In
sum, we have considered La Pointe & Roy's requests and find that they
meet the requirements set forth in the Department's regulations.
Therefore, in accordance with section 751(a)(2)(B)(ii) of the Act and
19 CFR 351.214(d)(1), we are initiating new shipper reviews of the AD
and CVD orders on certain softwood lumber from Canada. We intend to
issue the preliminary results of these new shipper reviews not later
than 180 days after initiation of these reviews. In addition, we are
granting La Pointe & Roy's request to rescind the ongoing expedited
review.
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New shipper review proceeding Period to be reviewed
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Scierie La Pointe & Roy Lt[eacute]e..... 05/22/02--
10/31/02 (AD)
01/01/02--
12/31/02 (CVD)
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We will instruct the Customs Service to allow, at the option of the
importer, the posting, until the completion of the reviews, of a bond
or security in lieu of a cash deposit for each entry of the subject
merchandise from the above-listed company in accordance with 19 CFR
351.214(e). Because La Pointe & Roy certified that it both produces and
exports the subject merchandise, the sale of which was the basis for
these new shipper review requests, we will apply the bonding privilege
only to subject merchandise for which La Pointe & Roy is both the
producer and exporter. Interested parties that need access to
proprietary information in these new shipper reviews should submit
applications for disclosure under administrative protective orders in
accordance with 19 CFR 351.305 and 351.306.
This initiation and notice are in accordance with section 751(a) of
the Act (19 U.S.C. 1675(a)) and 19 CFR 351.214(d).
Dated: December 31, 2002.
Bernard T. Carreau,
Deputy Assistant Secretary, Group II, Import Administration.
[FR Doc. 03-348 Filed 1-7-03; 8:45 am]