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CVD Operations Barcode:4057544-01 C-122-858 REV - Admin Review 4/28/17 - 12/31/18 BILLING CODE: 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration C-122-858 Certain Softwood Lumber Products from Canada: Final Results of the Countervailing Duty Administrative Review, 2017 – 2018 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: The Department of Commerce (Commerce) determines that producers and exporters of certain softwood lumber products (softwood lumber) from Canada received countervailable subsidies during the period of review, April 28, 2017 through December 31, 2018. DATES: Applicable [Insert date of publication in the Federal Register]. FOR FURTHER INFORMATION CONTACT: Peter Zukowski (Canfor), Nicholas Czajkowski (JDIL), Kristen Johnson (Resolute), and Laura Griffith (West Fraser), AD/CVD Operations, Offices I and III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-0189, (202) 482-1395, (202) 482-4793, and (202) 482-1167, respectively. SUPPLEMENTARY INFORMATION: Background Commerce published the Preliminary Results of this administrative review of softwood lumber from Canada on February 7, 2020.1 For a summary of the events that occurred since the 1 See Certain Softwood Lumber Products from Canada: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2017 –2018, 85 FR 7273 (February 7, 2020) (Preliminary Results). Filed By: Laura Griffith, Filed Date: 11/24/20 1:27 PM, Submission Status: Approved Barcode:4057544-01 C-122-858 REV - Admin Review 4/28/17 - 12/31/18 Preliminary Results and a full discussion of the issues raised by parties for the final results, see the Issues and Decision Memorandum.2 On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days.3 On June 3, 2020, Commerce extended the deadline for the final results of this administrative review.4 On July 21, 2020, Commerce tolled all deadlines in administrative reviews by an additional 60 days.5 The revised deadline for the final results of this administrative review is now November 23, 2020. Scope of the Order The product covered by this order is certain softwood lumber products from Canada. For a complete description of the scope of the order, see the Issues and Decision Memorandum. Analysis of Subsidy Programs and Comments Received Commerce conducted this CVD administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). The subsidy programs under review, and the issues raised in case and rebuttal briefs submitted by the interested parties, are discussed in the Issues and Decision Memorandum. A list of the issues that the parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice at 2 See Memorandum, “Issues and Decision Memorandum for the Final Results of Administrative Review of the Countervailing Duty Order on Certain Softwood Lumber Products from Canada; 2017 – 2018,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). The Issues a nd Decision Memorandum is a public document and is on file electronically via Enforcement a nd Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is a vaila ble to registered users at https://access.trade.gov and is a vailable to a ll pa rties in the Central Records Unit, room B8024 of the main Commerce building. In a ddition, a complete version of the Issues and Decision Memorandum can be a ccessed directly on the internet at http://enforcement.trade.gov/frn/index html. The signed a nd electronic versions of the Issues a nd Decision Memorandum are identical in content. 3 See Memorandum, “Tolling of Dea dlines for Antidumping a nd Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID-19,” dated April 24, 2020. 4 See Memorandum, “Certain Softwood Lumber Products from Canada: Extension of Deadline for Fina l Results of the 2017 – 2018 Countervailing Duty Administrative Review,” dated June 3, 2020. 5 See Memorandum, “Tolling of Dea dlines for Antidumping a nd Countervailing Duty Administrative Reviews,” dated July 21, 2020. 2 Filed By: Laura Griffith, Filed Date: 11/24/20 1:27 PM, Submission Status: Approved Barcode:4057544-01 C-122-858 REV - Admin Review 4/28/17 - 12/31/18 Appendix I. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Based on our analysis of the comments received from the interested parties, we made changes to the subsidy rates calculated for certain respondents. For a discussion of these changes, see the Issues and Decision Memorandum. Companies Not Selected for Individual Review Because the rates calculated for the companies selected for individual reviewed are above de minimis and not based entirely on facts available, we applied a subsidy rate based on a weighted average of the subsidy rates calculated for the reviewed companies using sales data submitted by those companies to calculate a rate for the companies not selected for review. This is consistent with the methodology that we would use in an investigation to establish the all- others rate, pursuant to section 705(c)(5)(A) of the Act. A list of all non-selected companies is included in Appendix II. For further information on the calculation of the non-selected rate, see “Final Ad Valorem Rate for Non-Selected Companies under Review” in the Issues and Decision Memorandum. Final Results of Administrative Review In accordance with section 751(a)(1)(A) of the Act and 19 CFR 351.221(b)(5), we determine that the following total estimated countervailable subsidy rates exist for 2017 and 2018: 3 Filed By: Laura Griffith, Filed Date: 11/24/20 1:27 PM, Submission Status: Approved Barcode:4057544-01 C-122-858 REV - Admin Review 4/28/17 - 12/31/18 Companies Subsidy Rate Subsidy Rate 2017 2018 ad valorem ad valorem Canfor Corporation and its cross-owned affiliates6 2.94% 2.63% J.D. Irving, Limited and its cross-owned affiliates7 3.43% 2.66% Resolute FP Canada Inc. and its cross-owned affiliates8 18.71% 19.10% West Fraser Mills Ltd. and its cross-owned affiliates9 6.76% 7.57% Non-selected Companies 7.26% 7.42% Disclosure Commerce intends to disclose the calculations performed for these final results of review within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.244(b). Assessment Rates In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue appropriate assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these final results in the Federal Register to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption for the period on or after April 28, 2017 through December 31, 2017, and for the period on or after January 1, 2018 6 Commerce finds the following companies to be cross-owned with Canfor Corporation: Canadian Forest Products, Ltd., and Canfor Wood Products Marketing, Ltd. 7 Commerce finds the following companies to be cross-owned with J.D. Irving, Limited: Mira michi Timber Holdings Limited, The New Brunswick Railwa y Company, Rothesay Paper Holdings Ltd., and St. George Pulp & Paper Limited. 8 Commerce finds the following companies to be cross-owned with Resolute: Resolute Growth Canada Inc., Produits Forestiers Maurice S.E.C., Abitibi-B o wat er Canada Inc., Bowater Canadian Ltd., a nd Resolute Forest Products Inc. 9 Commerce finds the following companies to be cross-owned with West Fraser: West Fraser Timber Co. Ltd., West Fraser Alberta Holdings, Ltd., Blue Ridge Lumber Inc., Manning Forest Products, Ltd., Sunpine Inc., a nd Sundre Forest Products Inc. 4 Filed By: Laura Griffith, Filed Date: 11/24/20 1:27 PM, Submission Status: Approved Barcode:4057544-01 C-122-858 REV - Admin Review 4/28/17 - 12/31/18 through December 31, 2018, for the above-listed companies at the ad valorem assessment rates listed. Cash Deposit Requirements Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount calculated for the year 2018 from the companies identified above, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results in the Federal Register, as provided by section 751(a)(2)(C) of the Act. For all non-reviewed companies, we will instruct CBP to collect cash deposits of estimated countervailing duties at the most recent company- specific or all-others rate applicable to the company, as appropriate. Accordingly, the cash deposit rates that will be applied to the companies covered by this order, but not examined in this review, are those established in the most recently completed segment of the proceeding for each company. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification Regarding Administrative Protective Order (APO) This notice also serves as a reminder to parties subject to APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order is hereby requested.
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