[Federal Register: September 19, 2003 (Volume 68, Number 182)]
[Notices]
[Page 54891-54892]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se03-49]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-838]
Certain Softwood Lumber Products from Canada: Notice of Final
Results of Antidumping Duty Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of antidumping duty changed
circumstances review.
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SUMMARY: The Department has determined that entries of certain softwood
lumber products produced and exported by Monterra Lumber Mills Limited
(Monterra) shall be subject to the ``All Others'' cash deposit rate of
8.43 percent as of the date of publication of this notice in the
Federal Register.
EFFECTIVE DATE: September 19, 2003.
FOR FURTHER INFORMATION CONTACT: Keith Nickerson or Constance Handley,
at (202) 482-3813 or (202) 482-0631, respectively; Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230.
SUPPLEMENTARY INFORMATION
Background
As a result of the antidumping duty order issued following the
completion of the less-than-fair-value investigation of certain
softwood lumber products from Canada, imports of softwood lumber from
Monterra, a subsidiary of respondent company Weyerhaeuser Company
Limited (Weyerhaeuser), became subject to a cash deposit rate of 12.39
percent (See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Order: Certain Softwood Lumber Products
from Canada, 67 FR 36068 (May 22, 2002)). On February 4, 2003, Monterra
notified the Department that effective December 23, 2002, Weyerhaeuser
sold its interest in Monterra to 1554545 Ontario, Inc. (1554545
Ontario), a wholly owned subsidiary of Tercamm Corp., a privately owned
Canadian investment company. As a result, Monterra requested that the
Department conduct a changed circumstances review in order to conclude
that, effective December 23, 2002, it should be subject to the ``All
Others'' cash deposit rate of 8.43 percent, rather than Weyerhaeuser's
12.39 percent rate. On March 27, 2003, the Department published a
notice of initiation of a changed circumstances review to determine
whether entries naming Monterra as manufacturer and exporter
[[Page 54892]]
should receive the ``All Others'' cash deposit rate of 8.43 percent.
On April 29, 2003, Monterra, at the request of the Department,
submitted additional information and documentation regarding its sale
by Weyerhaeuser to 1554545 Ontario. On May 8, 2003, the petitioner \1\
submitted comments on the information provided by Monterra and
requested that the Department issue a supplemental questionnaire. On
May 21, 2003, the Department issued a supplemental questionnaire
requesting further details and documentation surrounding the sale and
purchase, which were provided by Monterra in its subsequent submission
of June 4, 2003. The petitioner did not comment on Monterra's June 4,
2003, submission.
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\1\ The petitioner in this proceeding is the Coalition for Fair
Lumber Imports Executive Committee.
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On July 25, 2003, the Department published the preliminary results
of this changed circumstances review and preliminarily determined that
entries naming Monterra as manufacturer and exporter should receive the
``All Others'' cash deposit rate of 8.43 percent. See Certain Softwood
Lumber Products From Canada: Notice of Preliminary Results of
Antidumping Duty Changed Circumstances Review, 68 FR 44048 (July 25,
2003) (Preliminary Results). In addition, we denied Monterra's request
to have the cash deposit rate of 8.43 percent made effective as of
December 23, 2002. In the Preliminary Results, we stated that
interested parties could request a hearing or submit case briefs and/or
written comments to the Department no later than 30 days after
publication of the Preliminary Results notice in the Federal Register,
and submit rebuttal briefs, limited to the issues raised in those case
briefs, seven days subsequent to this due date. We did not receive any
hearing requests or comments on the Preliminary Results.
Scope of the Order
The products covered by this order are softwood lumber, flooring
and siding (softwood lumber products) as previously identified and
described in the preliminary results of this changed circumstances
review.
Final Results of Changed Circumstances Review
Based on the information provided by Monterra and the fact that the
Department did not receive any comments during the comment period
following the preliminary results of this review, the Department hereby
determines that entries of certain softwood lumber products produced
and exported by Monterra shall receive the ``All Others'' cash deposit
rate of 8.43 percent. In addition, because cash deposits are only
estimates of the amount of antidumping duties that will be due, changes
in cash deposit rates are not made retroactively. Accordingly, we are
denying Monterra's request to have the cash deposit rate of 8.43
percent made effective as of December 23, 2002. See Certain Hot-Rolled
Lead and Bismuth Carbon Steel Products From the United Kingdom: Final
Results of Changed-Circumstances Antidumping and Countervailing Duty
Administrative Reviews, 64 FR 66,880 (November 30, 1999). The new
deposit rate will become effective upon publication of this notice in
the Federal Register.
Instructions to the U.S. Bureau of Customs and Border Protection (BCBP)
The Department will instruct the BCBP to apply the ``All Others''
cash deposit rate of 8.43 percent to all shipments of the subject
merchandise produced and exported by Monterra entered, or withdrawn
from warehouse, for consumption, on or after the publication date of
this notice. This cash deposit rate shall remain in effect until
publication of the final results of the on-going administrative review.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. Timely written notification of
the return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation.
This notice is in accordance with sections 751(b)(1) and 777(i)(1)
of the Act and 19 CFR 351.216 and 351.221(b)(5).
Dated: September 15, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-23963 Filed 9-18-03; 8:45 am]