CSMS Message: 18-000223

U.S. Customs and Border Protection (CBP) has determined that coniferous shingles and sawn shakes from Canada fall within the scope of AD/CVD cases A122-857/C122-858. Entries of this merchandise must be entered under entry type 03 with payment of AD/CV duties. CBP continues to monitor importations of this merchandise, and will take appropriate enforcement actions, including penalty actions, on importers who fail to properly file entries of this merchandise subject to these AD/CVD orders.

The scope of the AD/CVD orders on softwood lumber from Canada (case numbers A-122-857/C-122-858) covers "coniferous wood, sawn, or chipped lengthwise, sliced or peeled, whether or not planed, whether or not sanded, or whether or not finger-jointed, of an actual thickness exceeding six millimeters." Commerce determined in the preliminary determination, and affirmed in the final determination of this investigation that the scope of this proceeding covers softwood lumber products that exceed 6 millimeters in thickness at one end, even if the products are tapered to less than 6 mm at the other end. Therefore, the fact that certain softwood lumber products are tapered to less than 6 millimeters in thickness does not remove them from the scope. Additionally, the fact that certain softwood lumber products are not explicitly named in the scope, or that these products may be covered by an HTS heading that was not specifically listed in the scope, does not necessarily remove them from the scope.

If the importer believes a product may be outside the scope on other grounds, we suggest that the relevant importer file a scope ruling request with the Department of Commerce.

Please note that the scope of the Antidumping and Countervailing orders is independent from that of the expired Softwood Lumber Agreement of 2006 (“SLA”). Parties should not refer to the SLA for guidance on these orders.