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Federal Register / Vol. 70, No.

197 / Thursday, October 13, 2005 / Notices 59721

516A(c)(1) of the Tariff Act of 1930, as (Preliminary Results). This rate reflects Although the HTSUS subheadings are
amended. the ‘‘all others’’ rate from the provided for convenience and customs
Dated: October 5, 2005. investigation as modified in the Notice purposes, the written description of the
Joseph A. Spetrini,
of Determination Under Section 129 of merchandise under review is
the Uruguay Round Agreements Act: dispositive.
Acting Assistant Secretary for Import
Antidumping Measures on Certain Softwood lumber products excluded
Softwood Lumber Products From from the scope:
[FR Doc. E5–5607 Filed 10–12–05; 8:45 am]
Canada, 70 FR 22636 (May 2, 2005). • trusses and truss kits, properly
BILLING CODE 3510–DS–S In the Preliminary Results, we stated classified under HTSUS 4418.90
that interested parties could request a • I–joist beams
hearing or submit case briefs and/or • assembled box spring frames
DEPARTMENT OF COMMERCE written comments to the Department no • pallets and pallet kits, properly
later than 30 days after publication of classified under HTSUS 4415.20
International Trade Administration
the Preliminary Results notice in the • garage doors
[A–122–838] Federal Register, and submit rebuttal • edge–glued wood, properly
briefs, limited to the issues raised in classified under HTSUS
Notice of Final Results of Antidumping those case briefs, seven days subsequent 4421.90.97.40 (formerly HTSUS
Duty Changed Circumstances Review: to the due date of the case briefs. We did 4421.90.98.40)
Certain Softwood Lumber Products not receive any hearing requests, case or • properly classified complete door
from Canada rebuttal briefs, or comments on the frames
AGENCY: Import Administration, Preliminary Results. • properly classified complete
International Trade Administration, window frames
Scope of the Order • properly classified furniture
Department of Commerce.
The products covered by this order Softwood lumber products excluded
SUMMARY: The Department of Commerce from the scope only if they meet certain
are softwood lumber, flooring and
(the Department) has determined, requirements:
siding (softwood lumber products).
pursuant to section 751(b) of the Tariff • Stringers (pallet components used
Softwood lumber products include all
Act of 1930, as amended (the Act), that for runners): if they have at least
products classified under headings
Produits Forestiers Arbec Inc. (Arbec) is two notches on the side, positioned
4407.1000, 4409.1010, 4409.1090, and
the successor–in-interest to Uniforêt Inc. at equal distance from the center, to
4409.1020, respectively, of the
(Uniforêt) and, as a result, should be properly accommodate forklift
Harmonized Tariff Schedule of the
accorded the same treatment previously blades, properly classified under
United States (HTSUS), and any
accorded to Uniforêt in regard to the HTSUS 4421.90.97.40 (formerly
softwood lumber, flooring and siding
antidumping order on certain softwood HTSUS 4421.90.98.40)
described below. These softwood
lumber products from Canada as of the • Box–spring frame kits: if they
lumber products include:
date of publication of this notice in the (1) coniferous wood, sawn or chipped contain the following wooden
Federal Register. lengthwise, sliced or peeled, pieces - two side rails, two end (or
EFFECTIVE DATE: October 13, 2005. whether or not planed, sanded or top) rails and varying numbers of
FOR FURTHER INFORMATION CONTACT: finger–jointed, of a thickness slats. The side rails and the end
Saliha Loucif or Constance Handley, at exceeding six millimeters; rails should be radius–cut at both
(202) 482–1779 or (202) 482–0631, (2) coniferous wood siding (including ends. The kits should be
respectively; AD/CVD Operations, strips and friezes for parquet individually packaged, they should
Office 1, Import Administration, flooring, not assembled) contain the exact number of
International Trade Administration, continuously shaped (tongued, wooden components needed to
U.S. Department of Commerce, 14th grooved, rabbeted, chamfered, v– make a particular box–spring frame,
Street & Constitution Avenue, NW, jointed, beaded, molded, rounded with no further processing required.
Washington, DC 20230. or the like) along any of its edges or None of the components exceeds 1’’
SUPPLEMENTARY INFORMATION: faces, whether or not planed, in actual thickness or 83’’ in length.
sanded or finger–jointed; • Radius–cut box–spring-frame
Background (3) other coniferous wood (including components, not exceeding 1’’ in
On June 29, 2005, Uniforêt requested strips and friezes for parquet actual thickness or 83’’ in length,
that the Department initiate and flooring, not assembled) ready for assembly without further
conduct an expedited changed continuously shaped (tongued, processing. The radius cuts must be
circumstances review, in accordance grooved, rabbeted, chamfered, v– present on both ends of the boards
with section 751(b) of the Act and jointed, beaded, molded, rounded and must be substantial cuts so as
sections 351.216(b) and 351.221(c)(3) of or the like) along any of its edges or to completely round one corner.
the Department’s regulations, to confirm faces (other than wood moldings • Fence pickets requiring no further
that Arbec is the successor–in-interest to and wood dowel rods) whether or processing and properly classified
Uniforêt. On August 26, 2005, the not planed, sanded or finger– under HTSUS 4421.90.70, 1’’ or less
Department initiated this review and jointed; and in actual thickness, up to 8’’ wide,
simultaneously issued its preliminary (4) coniferous wood flooring 6’ or less in length, and have finials
results that Arbec is the successor–in- (including strips and friezes for or decorative cuttings that clearly
interest to Uniforêt and should receive parquet flooring, not assembled) identify them as fence pickets. In
Uniforêt’s cash deposit rate of 11.54 continuously shaped (tongued, the case of dog–eared fence pickets,
percent. See Notice of Initiation and grooved, rabbeted, chamfered, v– the corners of the boards should be
Preliminary Results of Antidumping jointed, beaded, molded, rounded cut off so as to remove pieces of
Duty Changed Circumstances Review: or the like) along any of its edges or wood in the shape of isosceles right
Certain Softwood Lumber Products from faces, whether or not planed, angle triangles with sides
Canada, 70 FR 50299 (August 26, 2005) sanded or finger–jointed. measuring 3/4 inch or more.

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59722 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices

• U.S. origin lumber shipped to conforms to the home design Instructions to U.S. Customs and
Canada for minor processing and package being entered; Border Protection
imported into the United States, is • in the case of multiple shipments on Because both Arbec and Uniforêt are
excluded from the scope of this the same contract, all items listed currently subject to the ‘‘all others’’ rate,
order if the following conditions are immediately above which are there is no need to send instructions to
met: 1) the processing occurring in included in the present shipment CBP at this time. However, Uniforêt is
Canada is limited to kiln–drying, shall be identified as well. currently participating in the second
planing to create smooth–to-size administrative review and will receive
board, and sanding; and 2) if the We have determined that the
excluded products listed above are the ‘‘review–specific rate’’ once this
importer establishes to U.S. review is completed. Thus, once the
Customs and Border Protections’s outside the scope of this order, provided
the specified conditions are met. final results for the second
(CBP) satisfaction that the lumber is administrative review are issued, the
of U.S. origin. Lumber products that CBP may classify
Department will instruct CBP to
• Softwood lumber products as stringers, radius cut box–spring-frame
components, and fence pickets, not suspend liquidation of all shipments of
contained in single family home
conforming to the above requirements, the subject merchandise produced and
packages or kits,1 regardless of tariff
as well as truss components, pallet exported by Arbec at the rate
classification, are excluded from the
components, and door and window determined for Uniforêt.
scope of this order if the following
criteria are met: frame parts, are covered under the scope This notice also serves as a reminder
(A) The imported home package or kit of this order and may be classified to parties subject to administrative
constitutes a full package of the under HTSUS subheadings protective orders (APOs) of their
number of wooden pieces specified 4418.90.40.90, 4421.90.70.40, and responsibility concerning the
in the plan, design or blueprint 4421.90.98.40. Due to changes in the disposition of proprietary information
necessary to produce a home of at 2002 HTSUS whereby subheading disclosed under APO in accordance
least 700 square feet produced to a 4418.90.40.90 and 4421.90.98.40 were with 19 CFR 351.306. Timely written
specified plan, design or blueprint; changed to 4418.90.45.90 and notification of the return/destruction of
(B) The package or kit must contain 4421.90.97.40, respectively, we are APO materials or conversion to judicial
all necessary internal and external adding these subheadings as well. protective order is hereby requested.
doors and windows, nails, screws, Failure to comply with the regulations
In addition, this scope language has and terms of an APO is a sanctionable
glue, subfloor, sheathing, beams, been further clarified to now specify
posts, connectors and if included in violation.
that all softwood lumber products This notice is in accordance with
purchase contract decking, trim,
entered from Canada claiming non– sections 751(b) and 777(i)(1) of the Act,
drywall and roof shingles specified
subject status based on U.S. country of and section 351.216(e) of the
in the plan, design or blueprint;
(C) Prior to importation, the package origin will be treated as non–subject Department’s regulations.
or kit must be sold to a retailer of U.S.-origin merchandise under the
Dated: October 6, 2005.
complete home packages or kits antidumping and countervailing duty
orders, provided that these softwood Joseph A. Spetrini,
pursuant to a valid purchase Acting Assistant Secretary for Import
contract referencing the particular lumber products meet the following
condition: upon entry, the importer, Administration.
home design plan or blueprint, and [FR Doc. E5–5601 Filed 10–12–05; 8:45 am]
signed by a customer not affiliated exporter, Canadian processor and/or
with the importer; original U.S. producer establish to CBP’s BILLING CODE 3510–DS–S

(D) The whole package must be satisfaction that the softwood lumber
imported under a single entered and documented as U.S.-origin
softwood lumber was first produced in DEPARTMENT OF COMMERCE
consolidated entry when permitted
by CBP, whether or not on a single the United States as a lumber product International Trade Administration
or multiple trucks, rail cars or other satisfying the physical parameters of the
vehicles, which shall be on the softwood lumber scope.2 The
presumption of non–subject status can, [C–580–837]
same day except when the home is
over 2,000 square feet; however, be rebutted by evidence Notice of Extension of Time Limit for
(E) The following documentation demonstrating that the merchandise was Preliminary Results of Countervailing
must be included with the entry substantially transformed in Canada. Duty Administrative Review: Certain
documents: Cut–to-Length Carbon Quality Steel
Final Results of Changed
• a copy of the appropriate home Plate from Korea
Circumstances Review
design, plan, or blueprint matching
the entry; Based on the information provided by AGENCY: Import Administration,
• a purchase contract from a retailer Arbec, and the fact that the Department International Trade Administration,
of home kits or packages signed by did not receive any comments during Department of Commerce.
a customer not affiliated with the the comment period following the EFFECTIVE DATE: October 13, 2005.
importer; preliminary results of this review, the FOR FURTHER INFORMATION CONTACT:
Department hereby determines that Tipten Troidl, AD/CVD Operations,
• a listing of inventory of all parts of
Arbec is the successor–in-interest to Office 3, Import Administration,
the package or kit being entered that
Uniforêt for antidumping duty cash International Trade Administration,
1 To ensure administrability, we clarified the
deposit purposes. U.S. Department of Commerce, 14th
language of this exclusion to require an importer Street and Constitution Avenue, NW,
certification and to permit single or multiple entries 2 See the scope clarification message (3034202),
Washington, DC 20230; telephone: (202)
on multiple days. We also instructed importers to dated February 3, 2003, to CBP, regarding treatment
retain and make available for inspection specific of U.S.-origin lumber on file in the Central Records
documentation in support of each entry. Unit, Room B-099 of the main Commerce Building. SUPPLEMENTARY INFORMATION:

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