U.S. Department of Commerce Amends Antidumping Duty Margins on Canadian Softwood Lumber After Identifying Ministerial Errors

The U.S. Department of Commerce (“Commerce”) amended the final antidumping duty results for softwood lumber from Canada, covering the review period from January 1, 2022, to December 31, 2022. This change was due to a ministerial error in calculating the dumping margin for West Fraser Mills, Ltd. Initially, Commerce used incorrect data, resulting in a margin revision from 5.32% to 5.04%. For companies not selected for individual review, the dumping margin was reduced from 7.80% to 7.66%.

The ministerial error stemmed from using databases from the preliminary review stage, which did not reflect updated calculations made during the final results. West Fraser Mills identified this issue, leading Commerce to recalculate and amend its findings under Section 751(h) of the Tariff Act.

The recalculated results not only adjusted West Fraser’s margin but also impacted other non-selected companies. This means that for imports of Canadian softwood lumber during the review period, U.S. Customs and Border Protection (CBP) will now assess duties based on these amended margins, potentially resulting in either additional duties owed or refunds for overpayment.

The cash deposit requirements for future shipments have also been revised based on these updated margins. Effective as of August 19, 2024, importers will need to adhere to the new rates, which vary depending on whether they are linked to companies reviewed during the proceeding or covered in prior reviews.

Lastly, Commerce reiterated the importance of importers filing certifications regarding the reimbursement of antidumping duties and reminded parties of their obligations concerning the administrative protective order (APO). Full details can be accessed through the Federal Register or via Commerce’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).

Source: Federal Register, via Enforcement and Compliance, International Trade Administration, Department of Commerce