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AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) determines that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR), January 1, 2022, through December 31, 2022.
DATES:
Applicable August 19, 2024.
FOR FURTHER INFORMATION CONTACT:
Jeff Pedersen and Maisha Cryor, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2769 and (202) 482-5831, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on February 6, 2024. This review covers 243 producers/exporters of subject merchandise, including two mandatory respondents, Canfor and West Fraser. The final weighted-average dumping margins are listed below in the “Final Results of Review” section of this notice. Commerce conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). For a detailed description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.
See Certain Softwood Lumber Products from Canada: Preliminary Results of Antidumping Duty Administrative Review, 89 FR 8156 (February 6, 2024) ( Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM).
As described in the Preliminary Results PDM, we have treated West Fraser Mills Ltd., Blue Ridge Lumber Inc., Manning Forest Products Ltd., and Sundre Forest Products Inc. (collectively, West Fraser) and we have treated Canfor Corporation, Canadian Forest Products Ltd., and Canfor Wood Products Marketing Ltd., Canfor Fox Creek Ltd. and Canfor Whitecourt Ltd. (collectively, Canfor) as a single entities. See Preliminary Results PDM at 5-6.
See Memorandum, “Issues and Decision Memorandum for the Final Results of the 2022 Administrative Review of the Antidumping Duty Order on Certain Softwood Lumber Products from Canada,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
Scope of the Order
The product covered by this review is softwood lumber from Canada. For a full description of the scope, see the Issues and Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party that requested a review withdraws its request within 90 days of the date of publication of the notice of initiation. The requests for an administrative review of the companies identified in Appendix III were timely withdrawn within 90 days of the publication of the initiation notice for this review. As a result, Commerce is rescinding this review with respect to the companies in Appendix III in accordance with 19 CFR 351.213(d)(1).
See Petitioner's Letter, “Partial Withdrawal of Request for Administrative Review,” dated May 17, 2023.
Appendix III identifies all companies on which we have rescinded this review.
Additionally, pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an administrative review when there are no entries of subject merchandise during the POR for which liquidation is suspended. Normally, upon completion of an administrative review, the suspended entries are liquidated at the antidumping duty assessment rate calculated for the review period. Therefore, for an administrative review of a company to be conducted, there must be a suspended entry that Commerce can instruct and U.S. Customs and Border Protection (CBP) to liquidate at the antidumping duty assessment rate calculated for the POR. In the Preliminary Results, we notified parties of our intent to rescind this administrative review, in part, with respect to Smartlam LLC because there were no suspended entries of subject merchandise produced or exported by these companies during the POR and invited interested parties to comment. No parties commented on our intent to rescind the review, in part. In the absence of any suspended entries of subject merchandise from Smartlam LLC during the POR, or any comment on this issue, we are rescinding the administrative review for Smartlam LLC, in accordance with 19 CFR 351.213(d)(3).
See19 CFR 351.212(b)(1).
See, e.g., Shanghai Sunbeauty Trading Co. v. United States, 380 F. Supp. 3d 1328, 1335-36 (CIT 2019), at 12 (referring to section 751(a) of the Act, the U.S. Court of International Trade held that: “While the statute does not explicitly require that an entry be suspended as a prerequisite for establishing entitlement to a review, it does explicitly state the determined rate will be used as the liquidation rate for the reviewed entries. This result can only obtain if the liquidation of entries has been suspended . . .”; see also Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019,86 FR 36102, and accompanying Issues and Decision Memorandum at Comment 4; and Solid Fertilizer Grade Ammonium Nitrate from the Russian Federation: Notice of Rescission of Antidumping Duty Administrative Review,77 FR 65532 (October 29, 2012) (noting that “for an administrative review to be conducted, there must be a reviewable, suspended entry to be liquidated at the newly calculated assessment rate”).
Appendix III identifies all companies on which we have rescinded this review.
Analysis of Comments Received
All issues raised in the case briefs filed in this administrative review are addressed in the Issues and Decision Memorandum. A list of the topics discussed in the Issues and Decision Memorandum is included in Appendix I of this notice. The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Services System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum is also accessible on the internet at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review of the record and comments received from interested parties, we rescinded this review with regard to 66 companies for which all review requests were withdrawn, and have rescinded the review of Smartlam LLC, as we stated was our intent in the Preliminary Results. In addition, we revised the names of certain respondents as identified in the Preliminary Results, and made certain changes to the dumping margin calculations for Canfor and West Fraser. For a discussion of these changes, see the Issues and Decision Memorandum.
Rate for Non-Selected Companies
Generally, when calculating margins for non-selected respondents, Commerce looks to section 735(c)(5) of the Act for guidance, which provides instructions for calculating the all-others rate in an investigation. Section 735(c)(5)(A) of the Act provides that when calculating the all-others rate, Commerce will exclude any zero and de minimis weighted-average dumping margins, as well as any weighted-average dumping margins based on total facts available. Accordingly, Commerce's usual practice has been to average the margins for selected respondents, excluding margins that are zero, de minimis, or based entirely on facts available.
In this review, we calculated a weighted-average dumping margin of 10.44 percent for Canfor and 5.32 percent for West Fraser. In accordance with section 735(c)(5)(A) of the Act, Commerce assigned the weighted-average of these two calculated weighted-average dumping margins to the non-selected companies in these final results, based on their publicly ranged sales data. Accordingly, we have applied a rate of 7.80 percent to the non-selected companies. A list of all non-selected companies is included in Appendix II.
See Memorandum, “Calculation of the Rate for Non-Selected Respondents,” dated concurrently with this notice. A list of the non-selected companies under review is included as Appendix II.
Id.
Final Results of Review
As a result of this administrative review, we are assigning the following weighted-average dumping margins to the manufacturers/exporters listed below for the POR, January 1, 2022, through December 31, 2022:
See Appendix II of this notice for a list of the non-selected respondent companies.