UPDATE: Commerce has published its intent to conduct an administrative review for Softwood Lumber products from Canada. Learn more.
The Department of Commerce (Commerce) has concluded its preliminary determination in the antidumping duty investigation, including a vote on “critical circumstances” on certain softwood lumber products from Canada (A-122-857). In its ruling, Commerce has determined that Antidumping duties are to be assessed, effective June 26, 2017.
Commerce will suspend liquidation and require cash deposits of estimated antidumping duties beginning June 26, 2017. We await the DOC’s “Message” to U.S. Customs and Border Protection (CBP), which will enable CBP to program ACE and thereby allow these entries to be filed accordingly.
The 90-day “critical circumstances” affirmative vote on AD will go back to Tuesday, March 28, 2017 for all affected entries. In this instance, only the “All Others” case will be affected.
Companies with a continuous bond may incur an increase to their bond, and importers without a continuous bond will be required to submit a cash deposit.
The document Softwood Lumber ADD/CVD FAQ contains some key considerations with respect to bonds; exceptions or exclusions; critical circumstances and retroactive collection of CVD/ADD.
January 25, 2021
- USMCA Bi-National Review Panel: Continued Suspension of Liquidation for Entries of Certain Softwood Lumber Products from Canada [USMCA Secretariat File No.:USA-CDA-2020-10.12-02] (A-122-857)
January 5, 2021
- DOC announces 3rd Administrative Review for SWL (A-122-857 // C-122-858)
December 8, 2020
- Administrative Review # 1 – Results (A-122-857)
December 2, 2020
- 2nd Correction of Cash deposit instructions for certain softwood lumber product from Canada [Cedar Shakes and Shingles – SSA] (A-122-857)
- 2nd Correction of Cash deposit instructions for certain softwood lumber product from Canada [Cedar Shakes and Shingles – SSA] (C-122-858)
December 1, 2020
- Administrative Review #1 – Results (C-122-858)
September 17, 2020
- Correction of Cash deposit instructions for certain softwood lumber product from Canada [Cedar Shakes and Shingles – SSA] (A-122-857)
- Correction of Cash deposit instructions for certain softwood lumber product from Canada [Cedar shakes and Shingles – SSA] (C-122-858)
July 7, 2020
- Railroad Ties IN Scope of Cases (C-122-858 & A-122-857)
June 26, 2020
- Antidumping & Countervailing duty scope determination on certain softwood lumber products from Canada [Cedar Shakes and Shingles – SSA] (C-122-858 & A-122-857) – Determined to be OUT of Scope
March 19, April 9, April 20 and May 19, 2020
- Liquidation Instructions for All companies except AR1 Participants (A-122-857 & C-122-858)
August 2, August 22, September 6, October 15, and November 18, 2019
- Expedited Review Decisions and Instructions including Liquidation and Refund Instructions [A-122-857 & C-122-858]
April 23 and April 24, 2019
- Automatic liquidation instructions for certain softwood lumber products from Canada for the period 04/28/2017 through 12/31/2018 for those companies not applying for AR1 (A-122-857 & C-122-858)
February 14, 2019
- DOCIN Scope Ruling on Cedar Shakes and Shingles (A-122-857/C-122-858)
January 28, 2019
- Commerce issues memo extending the time frame for interested companies to submit their Affirmative Request to enter into an Administrative Review until February 28, 2019.
September 10, 2018
- Scope ruling issued by Commerce: Cedar Shakes and Shingles – Found in scope.
June 12, 2018
- Request for a scope ruling filed on behalf of the Shake and Shingle Alliance concerning cedar shakes and shingles.
January 24, 2018
- Message # 8024302: Refund of antidumping duty cash deposit for certain softwood lumber products from Canada pursuant to the amended final determination for the period 11/08/2017 through 01/02/2018 (A-122-857).
January 3, 2018
- As published in the Federal Register, the Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order.
- As published in the Federal Register, the Antidumping Duty Order and Partial Amended Final Determination – Negative determination on Critical circumstances.
December 28, 2017
- The ITC published its final determination in the Federal Register (FR), advising the Department of Commerce to issue AD and CVD orders. Gap Period for both CVD and ADD ends the day previous (Dec. 27, 2017).
December 27, 2017
- Gap for ADD begins.
November 8, 2017
- The Department of Commerce (Commerce) published in the Federal Register, its affirmative final determinations in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of softwood lumber from Canada.
- Commerce also arrived at a negative determination on “critical circumstances” for countervailing duty (CVD) and by rendering this decision returned the effective date for CVD duties to April 28, 2017.
- Exclusion of AD/CVD to Atlantic Provinces (except New Brunswick) if the SWL product was certified by the Atlantic Lumber Board (ALB) published in the Federal Register.
August 28, 2017
- The U.S. Department of Commerce has postponed the final determinations in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of softwood lumber from Canada until no later than November 14, 2017.
- Because of this postponement, the “Gap Period” opens for CVD entry summary presentations.
August 26, 2017
- The collection of CVD duty will end on August 26 and CVD cannot be reinstated until the U.S. International Trade Commission’s (ITC) final determination on Case C-122-858. The period of time from end of provisional duty measures until ITC’s final determination is known as a “Gap Period”.
June 26, 2017
- The Department of Commerce completed its investigation, and determined that critical circumstances do exist for both Countervailing Duty and Antidumping Duty. Retroactive duties will be assessed for a period of 90 days prior to effective dates.
April 28, 2017
- The United States International Trade Administration published a preliminary affirmative determination for the Countervailing Duty (CVD) investigation into various softwood lumber products from Canada in the Federal Register with an effective date of April 28, 2017.
The publication also set the (retroactive) effective date for all appropriate entries subject to critical circumstances as January 28, 2017.
April 19, 2017
- In response to the Coalition petition presented on January 26, the United States International Trade Administration set a new date of Friday, June 23, 2017 as the ADD Preliminary Decision date. A notice was published in the April 19, 2017 Federal Register.
February 2, 2017
- In response to the Coalition petition presented on January 26, the United States International Trade Administration set a new date of Monday, April 24, 2017 as the CVD Preliminary Decision date.
January 26, 2017
- The Coalition prepared and presented a petition to the U.S. International Trade Administration, requesting a postponement of the Countervailing Duty (CVD) and Antidumping (ADD) decisions.
January 6, 2016
- The United States International Trade Commission (USITC) determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of softwood lumber products from Canada that are allegedly subsidized and sold in the United States at less than fair value.
December 22, 2016
- The U.S. Department of Commerce initiated a countervailing duty investigation on softwood lumber products from Canada.
November 25, 2016
- The Committee Overseeing Action for Lumber International Trade Investigations or Negotiations (Coalition) filled a petition with the U.S. Department of Commerce and the International Trade Administration.
Supporting our clients’ needs
As always, Livingston will continue to monitor the progress of discussions regarding the softwood lumber dispute between Canada and the United States, and we will keep you informed of any updates.
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