Appendix 1  Filing Requirements and Guidelines
Appendix 2  Scope of the CVD order
Appendix 3  List of companies excluded from the order
Appendix 4  Definitions
Appendix 5  Programs Administered by the Government of Canada

Filing Requirements and Guidelines

A. The Cover Letter

You are required to state in the upper right-hand corner of your cover letter:

1. the case number (C-122-839)
2. the type of proceeding (Expedited Review);
3. the total number of pages in the document;
4. the numbers of any pages containing proprietary information; and,
5. whether you agree or object to release of the submitted information under
   Administrative Protective Order (APO) (see section C below).

Please include a "re" line on the cover letter of your request for review.

B. Certification

You must certify that all information you provide is accurate. Section 351.303 (g) of the Department's regulations requires that the providers of information and the person submitting it, if different (i.e., your legal representative), certify that they have read the information contained in the submission and that it is accurate and complete to the best of their knowledge.

C. Proprietary Information

a) General information

If you wish to make a request for proprietary treatment of particular information, refer to sections 351.304, 351.305, and 351.306 of the Department's regulations. As a general rule, all information will be made available in the public file, unless proprietary treatment is requested.

You must indicate, at the time of your submission, whether the information is public or proprietary. Proprietary treatment may be requested for all or any part of the information submitted with this request for review. Proprietary treatment may not be requested for information which is publicly available.

Place brackets ("[ ]") around information for which you request business proprietary treatment. Place double brackets ("[[ ]]") around information for which you request proprietary treatment and which you do not agree to release under APO.

b) Public summary of proprietary information

Where you request proprietary treatment of information (see section 351.304 of the Department's regulations) your response must be in accordance with one of the two options listed below:

• the non-proprietary (public) summary of the proprietary information must conform to the requirements of section 351.304(c) of the Department's regulations; or,
• alternatively, if you submit a statement that the information cannot be summarized as described in section 351.304(c) of the Department's regulations; you must state all supporting reasons that you believe justify withholding the information.

As indicated above, you are permitted to file the public version of any document containing business proprietary information within one day after filing the business proprietary version. However, you may not use this time as an opportunity to amend or revise in any way the business proprietary version of the response.

c) Administrative Protective Order (APO)

Section 351.305 of the Department's regulations permits limited disclosure to representatives of parties (e.g., legal counsel) of certain business proprietary information, under an administrative protective order.

An APO will not be issued or placed on the record of the these proceedings until the Department initiates the reviews. At that time, parties may apply for APO access. Parties submitting proprietary information with their request for review will be required to serve within two business days all parties who are granted APO access and are placed on the APO Service List.

Section 351.304(b) of the Department's regulations requires that all submissions contain either:

• a statement which permits release under APO of information submitted by you in confidence with the request for review; or,
• a statement itemizing which portions of that information should not be released under APO together with all arguments supporting any objections to release under APO.

All submissions of proprietary information that do not contain one of these statements will be rejected at the time of the filing. You must state in the upper right-hand corner of the cover letter accompanying your request for review whether you agree or object to release of the submitted information under APO. (See section 351.304(b) of our regulations for specific instructions.)

If you do not agree to release all or part of the proprietary information, but we determine that the information should, in fact, be released, you will have the opportunity to agree to serve the contested proprietary information under APO or withdraw the information, according to section 351.304(d). However, any information which you withdraw or which we return to you will be taken out of the official record and, thus, will not be used in our determination.

D. Number of Copies

If the response contains no proprietary information, you must submit six (6) copies (one original plus five copies). Two copies of the Excel file on separate diskettes will be needed.

If a response contains any proprietary information, under the "one-day lag rule" (see section 351.303 of the regulations) you may submit one (1) copy of the business proprietary document within the time limit; then, by close of business of the following business day, you must submit:

Six (6) copies of the proprietary version
Three (3) copies of the non-proprietary version
One (1) copy of the APO version, if one has been prepared.

Note: the final business proprietary version must be identical to the business proprietary version filed on the previous day, except for bracketing corrections. You may not use this time as an opportunity to amend or revise in any way the business proprietary version of the response.

E. Where and how to file

Please file your request in Washington, D.C. at the following address:

Import Administration/Central Records Unit
U.S. Department of Commerce
Fourteenth Street and Constitution Avenue, N.W.
Room 1870
Washington, DC 20230

At the time of filing, please serve the public version of your submission to all parties on the Department's Public Service List from the original investigation.

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Appendix 2

Scope of the CVD order on certain softwood lumber products from Canada

The products covered by this order are softwood lumber, flooring and siding (softwood lumber products). Softwood lumber products include all products classified under headings 4407.1000, 4409.1010, 4409.1090, and 4409.1020, respectively, of the Harmonized Tariff Schedule of the United States (HTSUS), and any softwood lumber, flooring and siding described below. These softwood lumber products include:

(1) Coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or finger-jointed, of a thickness exceeding six millimeters;

(2) Coniferous wood siding (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, molded, rounded or the like) along any of its edges or faces, whether or not planed, sanded or finger-jointed;

(3) Other coniferous wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, molded, rounded or the like) along any of its edges or faces (other than wood moldings and wood dowel rods) whether or not planed, sanded or finger-jointed; and

(4) Coniferous wood flooring (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, molded, rounded or the like) along any of its edges or faces, whether or not planed, sanded or finger-jointed.

Although the HTSUS subheadings are provided for convenience and U.S. Customs purposes, the written description of the merchandise subject to this order is dispositive.

As specifically stated in the Issues and Decision Memorandum accompanying the Notice of Final Determination of Sales at Less Than Fair Value: Certain Softwood Lumber Products from Canada, 67 FR 15539 (April 2, 2002) (See comment 53, item D, page 116, and comment 57, item B-7, page 126), available at http://ia.ita.doc.gov drilled and notched lumber and angle cut lumber are covered by the scope of this order.

The following softwood lumber products are excluded from the scope of this order provided they meet the specified requirements detailed below:

(1) Stringers (pallet components used for runners): if they have at least two notches on the side, positioned at equal distance from the center, to properly accommodate forklift blades, properly classified under HTSUS 4421.90.98.40.

(2) Box-spring frame kits: if they contain the following wooden pieces - two side rails, two end (or top) rails and varying numbers of slats. The side rails and the end rails should be radius-cut at both ends. The kits should be individually packaged, they should contain the exact number of wooden components needed to make a particular box spring frame, with no further processing required. None of the components exceeds 1" in actual thickness or 83" in length.

(3) Radius-cut box-spring-frame components, not exceeding 1" in actual thickness or 83" in length, ready for assembly without further processing. The radius cuts must be present on both ends of the boards and must be substantial cuts so as to completely round one corner.

(4) Fence pickets requiring no further processing and properly classified under HTSUS heading 4421.90.70, 1" or less in actual thickness, up to 8" wide, 6' or less in length, and have finials or decorative cuttings that clearly identify them as fence pickets. In the case of dog-eared fence pickets, the corners of the boards should be cut off so as to remove pieces of wood in the shape of isosceles right angle triangles with sides measuring 3/4 inch or more.

(5) U.S. origin lumber shipped to Canada for minor processing and imported into the United States, is excluded from the scope of this order if the following conditions are met: 1) the processing occurring in Canada is limited to kiln-drying, planing to create smooth-to-size board, and sanding, and 2) if the importer establishes to Customs' satisfaction that the lumber is of U.S. origin.

(6) Softwood lumber products contained in single family home packages or kits, ⁽¹⁾ regardless of tariff classification, are excluded from the scope of this order if the importer certifies to items 6 A, B, C, D, and requirement 6 E is met:

A. The imported home package or kit constitutes a full package of the number of wooden pieces specified in the plan, design or blueprint necessary to produce a home of at least 700 square feet produced to a specified plan, design or blueprint;

B. The package or kit must contain all necessary internal and external doors and windows, nails, screws, glue, sub floor, sheathing, beams, posts, connectors, and if included in purchase contract decking, trim, drywall and roof shingles specified in the plan, design or blueprint;

C. Prior to importation, the package or kit must be sold to a retailer of complete home packages or kits pursuant to a valid purchase contract referencing the particular home design plan or blueprint, and signed by a customer not affiliated with the importer;

D. Softwood lumber products entered as part of a single family home package or kit, whether in a single entry or multiple entries on multiple days, will be used solely for the construction of the single family home specified by the home design matching the entry.

E. For each entry, the following documentation must be retained by the importer and made available to the U.S. Customs Service upon request:

i. A copy of the appropriate home design, plan, or blueprint matching the entry;

ii. A purchase contract from a retailer of home kits or packages signed by a customer not affiliated with the importer;

iii. A listing of inventory of all parts of the package or kit being entered that conforms to the home design package being entered;

iv. In the case of multiple shipments on the same contract, all items listed in E(iii) which are included in the present shipment shall be identified as well.

Lumber products that the Customs Service may classify as stringers, radius cut box-spring-frame components, and fence pickets, not conforming to the above requirements, as well as truss components, pallet components, and door and window frame parts, are covered under the scope of this order and may be classified under HTSUS subheadings 4418.90.45.90 , 4421.90.70.40, and 4421.90.97.40.

Finally, as clarified throughout the course of the investigation, the following products, previously identified as Group A, remain outside the scope of this order. They are:

1.    Trusses and truss kits, properly classified under HTSUS 4418.90;
2.    I-joist beams;
3.    Assembled box spring frames;
4.    Pallets and pallet kits, properly classified under HTSUS 4415.20;
5.    Garage doors;
6.    Edge-glued wood, properly classified under HTSUS item 4421.90.98.40;
7.    Properly classified complete door frames;
8.    Properly classified complete window frames;
9.    Properly classified furniture.

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Appendix 3

List of companies excluded from the order
on Softwood Lumber Products from Canada

Armand Duhamel et fils Inc.
Bardeaux et Cedres
Beaubois Coaticook Inc.
Busque & Laflamme Inc.
Carrier & Begin Inc.
Clermond Hamel
J.D. Irving, Ltd.
Les Produits. Forestiers. D.G., Ltee
Marcel Lauzon Inc.
Mobilier Rustique
Paul Vallee Inc.
Rene Bernard, Inc.
Roland Boulanger & Cite. Ltee
Scierie Alexandre Lemay
Scierie La Patrie, Inc.
Scierie Tech, Inc.
Wilfrid Paquet et fils, Ltee,
B. Luken Logging Ltd.
Frontier Lumber
Sault Forest Products Ltd.

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Appendix 4

Affiliated persons (19 USC 1677(33))

In accordance with section 771(33) of the Tariff Act of 1930, as amended, affiliated companies include: (1) members of the same family, (2) any officer or director of an organization and such organization, (3) partners, (4) employers and their employees, and (5) any person or organization directly or indirectly owning, controlling, or holding with power to vote, 5 percent or more of the outstanding voting stock or shares of any organization and such organization.

In addition, affiliates include (6) any person who controls any other person and that person, or (7) any two persons who directly control, are controlled by, or are under common control with, any person. "Control" exists where one person is legally or operationally in a position to exercise restraint or direction over the other person.

Cross ownership (19 CFR 351.515)

According to section 351.525(6)(vi) of the Department's regulations, cross-ownership exists between two or more companies where one company can use or direct the individual assets of the other company(s) in essentially the same ways it can use its own assets. Normally, in the case of corporations, this standard will be met where there is a majority voting ownership interest between two corporations or through common ownership of two (or more) corporations.

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Appendix 5

Programs Administered by the Government of Canada

1. Non-Payable Grants and Conditionally Repayable Contributions from the Department of Western Economic Diversification

2. Federal Economic Development Initiative in Northern Ontario (FedNor)

Programs Administered by the Province of British Columbia

1. Forest Renewal B.C.

2. Job Protection Commission

Programs Administered by the Province of Quebec

1. Private Forest Development Program

2. Export Assistance Under the Societe de Development Industrial du Quebec (SDI)/Investissment Quebec

3. Assistance under Article 7 of the SDI

4. Assistance from the Societe de Recuperation d'Exploitation et de Development Forestiers du Quebec (Rexfor)

Programs found Countervailable in Other Proceedings

For a complete list of Canadian programs that the Department found countervailable, consult the Subsidies Enforcement Library maintained by the Subsidy Enforcement Office/Import Administration.

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