AD/CVD message 9322314 - Refund of countervailing duty cash deposits for certain softwood lumber products from Canada for the period 07/05/2019 through 08/02/2019 (C-122-858)

9322314
Nov 18, 2019
Active

Effective Date: Jul 05, 2019

Period Covered: 07/05/2019 to 08/02/2019

Category: Countervailing • Type: • Sub type: OTH • Reference messages: 9186306 9198302 9210305 9214302 • Cases: C-122-858 • Court Case: 19-00122

1. On 07/05/2019, (84 FR 32121) Commerce published in the Federal Register its final results of expedited review of the countervailing duty order on certain softwood lumber products (softwood lumber) from Canada for the period 01/01/2015 through 12/31/2015. This expedited review was conducted for the sole purpose of establishing an individual cash deposit rate for the reviewed companies. See message 9186306, dated 07/05/2019.

2. On 07/15/2019, the U.S. Court of International Trade issued a temporary restraining order (TRO) enjoining the collection of cash deposits on imports of certain softwood lumber products at the cash deposit rates established in the final results of expedited review for certain producers and/or exporters. This TRO was issued in connection with the case of Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. United States (court number 19-00122). See message 9198302, dated 07/17/2019.

3. On 07/26/2019, the U.S. Court of International Trade vacated the TRO issued on 07/15/2019 in connection with court no. 19-00122. See message 9210305, dated 07/29/2019.

4. On 08/02/2019, cash deposit rates for certain reviewed companies were reset in accordance with message 9186306, dated 07/05/2019. See message 9214302, dated 08/02/2019.

5. Title 19 U.S.C. 1520(a)(4) authorizes refunds prior to liquidation whenever an importer of record declares or it is ascertained that excess duties, fees, charges, or exactions have been deposited or paid. In accordance with 19 U.S.C. 1520(a)(4), CBP is authorized to grant a refund, if requested by the importer, of countervailing duty cash deposits for entries of softwood lumber from Canada from the entities listed in paragraph 7 below which were entered, or withdrawn from warehouse, for consumption during the period 07/05/2019 through 08/02/2019.

6. The refund amount will be calculated by determining the difference between the amount of cash deposits paid as a result of the application of the all-others rate from the amended final determination in the investigation (due to the TRO) and the amount due as a result of the application of the rates from the final results of expedited review.

7. Listed below are the rates that were in effect for certain firms as a result of the TRO enjoining the collection of cash deposits on imports of certain softwood lumber products at the cash deposit rates established in the final results of expedited review (i.e. the all-others rate from the amended final determination in the investigation). See message 9198302, dated 07/17/2019. In addition, listed below are the deposit rates assigned in the final results of the expedited review (see message 9214302, dated 08/02/2019):

Producer and/or Exporter: Fontaine Inc. and its cross-owned affiliates: Gestion Natanis Inc., Les Placements Jean-Paul Fontaine Ltee, and Placements Nicolas Fontaine Inc.
Case number: C-122-858-006
Amended final determination all-others cash deposit rate: 14.19%
Expedited review final results cash deposit rate: 1.26%

Producer and/or Exporter: Mobilier Rustique (Beauce) Inc. and its cross-owned affiliates: J.F.S.R. Inc., Gestion C.A. Rancourt Inc., Gestion J.F. Rancourt Inc., Gestion Suzie Rancourt Inc., Gestion P.H.Q. Inc., 9331-3419 Quebec Inc., 9331-3468 Quebec Inc., and SPQ Inc.
Case number: C-122-858-007
Amended final determination all-others cash deposit rate: 14.19%
Expedited review final results cash deposit rate: 1.99%

Producer and/or Exporter: Produits Matra Inc. and Sechoirs de Beauce Inc. and their cross-owned affiliate: Bois Ouvre de Beauceville (1992), Inc.
Case number: C-122-858-008
Amended final determination all-others cash deposit rate: 14.19%
Expedited review final results cash deposit rate: 5.80%

8. Do not liquidate entries of softwood lumber from Canada produced and/or exported by the entities listed in paragraph 7 above until specific liquidation instructions are issued.

9. The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply.

10. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OIII: ECB.)

11. There are no restrictions on release of this information.

Alexander Amdur