Frequently asked questions – Softwood lumber

On August 13, 2024, the U.S. Department of Commerce issued anti-dumping and countervailing duty rates for companies subject to the fifth administrative reviews. These rates took effect when the U.S. Department of Commerce published the final results in the U.S. Federal Register on August 19, 2024.

On September 24, 2024, the U.S. Department of Commerce amended the fifth administrative review anti-dumping duty rates due to ministerial errors. The table below reflects the amended duty rates.

For companies subject to the fifth administrative reviews, these duty rates apply retroactively to their exports made in 2022. In addition, these rates apply to new entries as a cash deposit rate going forward until these companies are subject to a future administrative review.

For companies not subject to the fifth administrative reviews, the most recent duty rate applicable to them will continue to apply.

For new companies with no history of exporting softwood lumber products to the United States, and which are not subject to any administrative reviews by the U.S. Department of Commerce, the "all others" combined duty rate of 20.23% from the initial investigation will be applied to them until they participate in a future administrative review or make a request for a new shipper review (See the "New Shipper review" section below).

The U.S. Department of Commerce conducts an annual review of its anti-dumping and countervailing duty orders. This administrative review process establishes updated duty rates for companies that are subject to the review. Generally, a company is subject to the review if there has been a specific request for a review of that company filed with the U.S. Department of Commerce. The administrative review will establish final duty assessment rates for shipments entered during the period of review and establish new estimated duty deposit rates going forward until the next annual administrative review is completed.

The applicable U.S. statute provides that requests for administrative review must be filed during the anniversary month of the publication of an anti-dumping or countervailing duty order. As the anniversary month for both orders is January, this is when the administrative review process begins each year.

First administrative reviews: The Period of Review for the countervailing first administrative review (AR1) was April 28, 2017 to December 31, 2018. The Period of Review for the anti-dumping first administrative review was June 30, 2017 to December 31, 2018.

Second administrative reviews: The Period of Review for both the countervailing and anti-dumping second administrative reviews (AR2) was January 1, 2019 to December 31, 2019.

Third administrative reviews: The Period of Review for both the countervailing and anti-dumping third administrative reviews (AR3) was January 1, 2020 to December 31, 2020.

Fourth administrative reviews: The Period of Review for both the countervailing and anti-dumping fourth administrative reviews (AR4) was January 1, 2021 to December 31, 2021.

Fifth administrative reviews: The Period of Review for both the countervailing and anti-dumping fifth administrative reviews (AR5) was January 1, 2022 to December 31, 2022.

Sixth administrative reviews: The Period of Review for both the countervailing and anti-dumping sixth administrative reviews (AR6) is January 1, 2023 to December 31, 2023.

If you are subject to one or more of the anti-dumping and countervailing administrative reviews, please review the following:

If your company currently exports in-scope products to the United States, please refer to the question below, entitled "How will my company be affected by the administrative review process?"

If your company currently exports only out-of-scope products to the United States and therefore you do not pay anti-dumping or countervailing duty cash deposits on these products, this should not change as a result of your inclusion in the administrative review process. U.S. Customs and Border Protection applies duties solely to products within the scope of the duty orders. The scope of the duty orders is not expected to change as part of the administrative review process.

If you begin shipping in-scope merchandise in the future, but did not export in-scope merchandise during the period of the initial duty investigations (calendar year 2015 for the countervailing investigation and October 2015 through September 2016 for the anti-dumping investigation), your shipments will be subject to duties upon entry into the United States and you may wish to request a new shipper review at the appropriate time (please see "New Shipper Review" section below). You should consult U.S. counsel specializing in U.S. trade law to determine if that may be appropriate for your company's circumstances.

According to U.S. trade law, an administrative review request can be made by a number of parties: exporters and producers can request review of their own companies; importers can request review of the companies from which they purchased; and the Government of Canada can request reviews of specified exporters or producers. The petitioner may also request that the U.S. Department of Commerce conduct an administrative review of any or all exporters or producers who can be identified based on Customs data and other sources. If the petitioner makes a request, all companies named in that request would be subject to the administrative review. Separate requests are required for the anti-dumping and countervailing duty administrative reviews.

Not all companies that are subject to a review are necessarily individually examined, however. The U.S. Department of Commerce generally selects only a handful of respondents for individual examination. Individually examined companies (whether mandatory or voluntary respondents) will need to provide detailed information about their financial situation and operations during the respective anti-dumping and countervailing periods of review and will be provided with their own individual assessment and duty deposit rates at the conclusion of the administrative reviews. The remaining companies that are subject to the reviews (i.e. those not individually examined) will be given a new "non-selected rate" as a result of the reviews (also referred to as an "all others" rate). This new "non-selected rate" will be determined by an average of the final rates for the individually examined respondents.

The new individual or non-selected rates determined through the administrative reviews will establish the cash deposit rates on a going-forward basis and will establish assessment rates on past entries which occurred during the period of review. This means that if the final administrative review rates are higher than the cash deposit rates in place at the time the goods were entered, importers of record subject to the administrative reviews would be issued an invoice for the difference on shipments made during the period of review. Likewise, if the administrative review rates are lower than the cash deposit rates in place at the time the goods were entered, these importers of record would be entitled to a refund.

If no administrative review request is made for a company, the company's shipments that were entered during the period of review will be automatically liquidated at the cash deposit rate that was in effect at the time the entry was made. While this provides certainty to a company as to the amount of duties that will ultimately be owed, it also means that the company could not benefit from any legal victory (i.e. under NAFTA Chapter 19/CUSMA Chapter 10) with respect to those entries as duties would already have been disbursed to the U.S. Treasury. Furthermore, in the previous softwood lumber dispute, duties from entries that had been liquidated were not available as part of the settlement in the 2006 Softwood Lumber Agreement.

Retaining legal counsel is not legally required. However, due to the complexities of these reviews, as well as their associated costs and risks, the Government of Canada strongly recommends that companies that are individually examined retain U.S. counsel who specialize in U.S. trade law.

In general, administrative reviews tend to take about a year and a half to complete. The deadline for the issuance of preliminary results is 245 days after the last day of the anniversary month of the duty order. However, this can be extended to 365 days at the U.S. Department of Commerce's discretion. The deadline for the final results is generally 120 days after the preliminary results, but this deadline can be extended to 180 days, again at the U.S. Department of Commerce's discretion. If the U.S. does not extend the time for issuing preliminary results, they may extend the time for issuing final results from 120 days to 300 days.

The U.S. Department of Commerce treats each administrative review as its own proceeding. However, the U.S. Department of Commerce typically resolves issues by reaching the same conclusion in subsequent administrative reviews, unless new facts or arguments are presented that justify a change in course. Thus, the current and previous administrative review results are likely to be used as guidance for how the U.S. Department of Commerce will proceed in future administrative reviews.

No, as long as the products meet the description below. In response to a request filed by Canada on December 30, 2020, the U.S. Department of Commerce issued a scope ruling on March 12, 2021 determining that certain cedar shakes and shingles (CSS) are not covered by the scope of the softwood lumber duty orders. The decision took effect on April 28, 2021, when Commerce issued instructions to U.S. Customs and Border Protection (CBP) to exempt certain CSS from the softwood lumber duty orders. U.S. CBP will refund any duties previously collected on these products.

The description of cedar shakes and shingles found to be outside the scope of the U.S. duty orders is:

Rectangular products made of Western Red Cedar, Alaskan Yellow Cedar, or Eastern White Cedar with a nominal length ranging from 15 to 24 inches and a minimum nominal width of 3 inches, and are tapered along the length of the product, such that one end (known as the "butt end") of the product has a thickness ranging from 5/16 to 1 inch, and the other end of the product tapers to an edge with a thickness of 1/16 inch or less.

As part of the countervailing administrative review, the U.S. Department of Commerce will investigate municipal, provincial, territorial and federal assistance programs which U.S. industry alleges have benefited Canadian companies. For non-recurring programs, such as grants, the Government of Canada, as well as each implicated province and territory involved in the administrative review, will be required to respond to a questionnaire regarding assistance provided over a 10-year period to respondents selected by the U.S. Department of Commerce. In the case of recurring programs, such as stumpage, the Canadian and provincial governments, as well as selected respondents, will be required to provide information for the period of review.

Yes. For shipments entered after the date on which the countervailing duty and anti-dumping duty orders were published (January 3, 2018), any refunds due at liquidation will include interest. Likewise, any invoices that may be due following the final rates from an administrative review would also include interest. Over- or under-payments on cash deposits prior to the date on which the orders were published are not subject to interest.

The applicable interest rate is set by U.S. statute, and is derived from the U.S. federal short-term rate. Interest is calculated from the date of deposit through to the date of liquidation.

The purpose of these bonds is to secure payment of potential additional amounts due in the event that the company does not pay what it owes. Bonds relating to particular entries would not typically be cancelled until liquidation of those entries. As long as the liquidation of an entry remains suspended, U.S. Customs and Border Protection will not release the bond applicable to that entry. In the event of legal challenges contesting the final results of an administrative review, liquidation may be suspended until the conclusion of legal proceedings.

There is some unpredictability in what U.S. Customs and Border Protection will require from individual companies in terms of continuous bonds. The best way for individual companies to get specific information is to contact their customs brokers.

For both the anti-dumping and countervailing first administrative reviews, the U.S. Department of Commerce selected Canfor, Resolute and West Fraser as mandatory respondents. For the countervailing first administrative review, the U.S. Department of Commerce also selected J.D. Irving, Ltd. as a voluntary respondent.

When the duty assessment rates determined through the final results of an administrative review are lower than the cash deposit rates a company has paid, a refund for entries made during the periods of review would generally be issued shortly after liquidation (that is, upon disbursement of the duties owed to the U.S. Treasury). For the first administrative review, however, since the final results were appealed and an interested party requested suspension of liquidation as part of that appeal, liquidation should be suspended until the end of the appeal process. Consequently, the United States would not be expected to issue any refunds until the appeal process is complete.

The anti-dumping and countervailing rates from the first administrative reviews took effect when the U.S. Department of Commerce published the final results in the U.S. Federal Register.

Final results for the anti-dumping administrative review were published on November 30, 2020, and the final results for the countervailing administrative review were published on December 1, 2020.

For companies included in the second administrative reviews, the cash deposit rates from the final results of the first administrative reviews were in effect for approximately one year from the date of publication in the U.S. Federal Register. The first administrative review cash deposit rates were then superseded by the final results of the second administrative reviews, which took effect on December 2, 2021.

For companies included in the first administrative reviews, but not in the second administrative reviews, the final rates from the first administrative reviews will continue to apply until these companies are included in a future administrative review, at which point the rates will be superseded by the results of that particular administrative review.

On March 19, 2020, the U.S. Department of Commerce announced it would proceed with the automatic liquidation of anti-dumping duty cash deposits that entered the United States during the period of review, from 06/30/2017 to 12/31/2018 for companies that did not participate in the first administrative review. On March 23, 2020, Commerce issued similar instructions stating that it would proceed with the automatic liquidation of countervailing duty cash deposits collected on certain softwood lumber products from Canada that entered the United States during the period of review, from 04/28/2017 to 12/31/2018 for companies that did not participate in the first administrative review. Therefore, companies that were not subject to either the anti-dumping or countervailing first administrative review should have had their entries liquidated (i.e. disbursed to the U.S. Treasury), at the cash deposit rate that was in effect at the time the entry was made.

Companies that were subject to the anti-dumping or countervailing first administrative reviews and who made a request for suspension of liquidation in the context of legal challenges will be exempted from the automatic liquidation of cash deposits for entries during the period of review, at least until the conclusion of legal challenges under CUSMA Chapter 10 to the results of the reviews.

In the countervailing second administrative review, the U.S. Department of Commerce selected Canfor, Resolute and West Fraser as mandatory respondents, and J.D. Irving, Ltd. as a voluntary respondent. In the anti-dumping second administrative review, only Canfor and West Fraser were selected as mandatory respondents.

In 2019, at the time of import into to United States for the second administrative reviews (AR2), most companies were subject to the "all others" combined rate of 20.23% from the initial investigation (The 8.99% rate from the first administrative reviews only came into effect in December 2020). This means that, overall, companies subject to the AR2 combined rate of 17.91% are entitled to a net refund rather than a net invoice for the difference paid in cash deposits.

However, since the final results were appealed and interested parties requested suspension of liquidation as part of that appeal, liquidation for those parties should be suspended until the end of the appeal process. Consequently, the United States would not be expected to issue any refunds for these parties until the appeal process is complete.

The U.S. Department of Commerce issued the final results of the second administrative reviews on November 24, 2021. The new duty assessment rates for both the anti-dumping and countervailing administrative reviews took effect upon publication in the U.S. Federal Register on December 2, 2021.

For companies subject to the third administrative reviews, the cash deposit rates from the final results of the second administrative reviews were in effect for approximately 8 months, until they were superseded by the final results of the third administrative reviews, which took effect on August 9, 2022.

For companies covered by the second administrative reviews, but not the third administrative reviews, the final rates from the second administrative reviews will continue to apply until these companies are covered by a future administrative review, at which point the rates will be superseded by the results of that particular administrative review.

On April 20, 2020, the U.S. Department of Commerce announced it would proceed with the automatic liquidation of countervailing duty cash deposits collected on certain softwood lumber products from Canada that entered the United States during the period of review, from 01/01/2019 to 12/31/2019 for companies that did not participate in the second administrative review. On May 19, 2020, Commerce issued similar instructions stating that it would proceed with the automatic liquidation of anti-dumping duty cash deposits from the same period for companies that did not participate in the second administrative review. Therefore, companies that were not subject to either the anti-dumping or countervailing second administrative review should have had their entries liquidated (i.e. disbursed to the U.S. Treasury), at the cash deposit rate that was in effect at the time the entry was made.

Companies that were subject to the anti-dumping or countervailing second administrative reviews and who made a request for suspension of liquidation in the context of legal challenges will be exempted from the automatic liquidation of cash deposits for entries during the period of review, at least until the conclusion of legal challenges under CUSMA Chapter 10 to the results of the reviews.

In the countervailing third administrative review, the U.S. Department of Commerce selected Canfor, Resolute and West Fraser as mandatory respondents, and J.D. Irving, Ltd. as a voluntary respondent.

In the anti-dumping third administrative review, only Canfor and West Fraser were selected as mandatory respondents.

During 2020, at the time of import into the United States for the third administrative reviews (AR3), most companies were subject to the "all others" combined cash deposit rate of 20.23% from the initial investigation until the 8.99% "non-selected" rate from the first administrative reviews came into effect in December 2020. This means that, overall, companies subject to the third administrative review combined "non-selected" rate of 8.59% are entitled to a net refund rather than a net invoice for the difference paid in cash deposits.

However, if an interested party (including the petitioner) challenges the final results through a CUSMA panel or U.S. courts, the liquidation of these entries and any refund may be suspended until the conclusion of these challenges.

The U.S. Department of Commerce issued the final results of the third administrative reviews on August 3, 2022. The new duty assessment rates for both the anti-dumping and countervailing administrative reviews took effect when Commerce published the results in the U.S. Federal Register on August 9, 2022.

For companies covered by the fourth administrative reviews, the cash deposit rates from the final results of the third administrative reviews were in effect for approximately one year, until they were superseded by the final results from the fourth administrative reviews, which took effect on August 1^st, 2023.

For companies covered by the third administrative reviews, but not the fourth administrative reviews, the final rates from the third administrative reviews will continue to apply until these companies are included in a future administrative review, at which point the rates will be superseded by the results of that particular administrative review.

On April 8, 2021, the U.S. Department of Commerce announced it would proceed with the automatic liquidation of countervailing duty cash deposits collected on certain softwood lumber products from Canada that entered the United States during the period of review, from 01/01/2020 to 12/31/2020 for companies that did not participate in the third administrative review. Similarly, on April 16, 2021, the U.S. Department of Commerce issued instructions to automatically liquidate anti-dumping duty cash deposits collected on certain softwood lumber products from Canada that entered the United States during the period of review, from 01/01/2020 to 12/31/2020 for companies that did not participate in the third administrative review. Therefore, for the moment, only companies that were not subject to the third administrative reviews will have their entries liquidated (i.e. duties disbursed to the U.S. Treasury), at the cash deposit rate that was in effect at the time the entry was made.

Companies that were subject to the anti-dumping or countervailing third administrative reviews and who made a request for suspension of liquidation in the context of legal challenges will be exempted from the automatic liquidation of cash deposits for entries during the period of review, at least until the conclusion of legal challenges under CUSMA Chapter 10 to the results of the reviews.

The U.S. Department of Commerce selected Canfor and West Fraser as mandatory respondents for both the anti-dumping and countervailing fourth administrative reviews.

The U.S. Department of Commerce selected J.D. Irving, Ltd. as a voluntary respondent for the countervailing fourth administrative review.

The companies that were not covered by the fourth administrative reviews will not receive the fourth administrative review combined rate of 8.05%, but will continue to be subject to the most recent combined duty rate applicable to them.

During 2021, at the time of import into the United States for the fourth administrative reviews, (AR4), most companies were subject to the "non-selected" combined cash deposit rate of 8.99% from the first administrative review until the 17.91% "non-selected" rate from the second administrative reviews came into effect in December 2021. This means that, overall, companies subject to the fourth administrative review (amended) combined "non-selected" rate of 8.05% are entitled to a net refund rather than a net invoice for the difference paid in cash deposits.

However, if an interested party (including the petitioner) challenges the final results through a CUSMA panel or U.S. courts, the liquidation of these entries and any refund may be suspended until the conclusion of these challenges.

The U.S. Department of Commerce issued the final results of the fourth administrative reviews on July 27, 2023. The new duty assessment rates took effect when Commerce published the results in the U.S. Federal Register on August 1^st, 2023. On August 31, 2023, the U.S. Department of Commerce amended the fourth administrative review anti-dumping duty rates due to ministerial errors. 

For companies covered by the fifth administrative reviews, the cash deposit rates from the final results of the fourth administrative reviews were in effect for approximately one year, until they were superseded by the final results of the fifth administrative reviews which took effect on August 19, 2024.

For companies covered by the fourth administrative reviews, but not the fifth administrative reviews, the final rates from the fourth administrative reviews will continue to apply until these companies are included in a future administrative review, at which point the rates will be superseded by the results of that particular administrative review.

The U.S. Department of Commerce selected Canfor and West Fraser as mandatory respondents for both the anti-dumping and countervailing fifth administrative reviews.

The U.S. Department of Commerce selected Tolko and J.D. Irving Ltd. as voluntary respondents for the countervailing fifth administrative review. The U.S. Department of Commerce did not select any voluntary respondents for the anti-dumping fifth administrative review.

The companies that were not covered by the fifth administrative reviews will not receive the fifth administrative review combined rate of 14.40%, but will continue to be subject to the most recent duty rates applicable to them.

During 2022, the period of review of the fifth administrative reviews, most companies were subject to the "non-selected" combined cash deposit rate of 17.91% from the second administrative review until the 8.59% "non-selected" rate from the third administrative reviews came into effect in August 2022. Companies subject to the fifth administrative review combined "non-selected" rate of 14.40% may receive either a net invoice or a net refund depending on their individual circumstances.

However, if an interested party (including the petitioner) challenges the final results through a CUSMA panel or U.S. courts, the liquidation of these entries and any refund or invoice may be suspended until the conclusion of these challenges.

The U.S. Department of Commerce issued the final results of the fifth administrative reviews on August 13, 2024. The new duty rates took effect when Commerce published the results in the U.S. Federal Register on August 19, 2024. On September 24, 2024, the U.S. Department of Commerce amended the fifth administrative review anti-dumping duty rates due to ministerial errors.

For companies covered by the sixth administrative reviews, the cash deposit rates from the final results of the fifth administrative reviews will be in effect until the final results from the sixth administrative reviews are issued, likely in August 2025.

For companies covered by the fifth administrative reviews, but not the sixth administrative reviews, the final rates from the fifth administrative reviews will continue to apply until these companies are included in a future administrative review, at which point the rates will be superseded by the results of that particular administrative review.

The deadline for companies to request participation in the sixth administrative reviews was January 31, 2024.

Yes, with conditions. The U.S. Department of Commerce may allow the withdrawal of a company from the administrative review process, but only if all parties that requested a review for that company withdraw their request for review.

If the petitioner (i.e. the Coalition) has requested the review of a company, the petitioner would need to withdraw their request in order for a company not to be captured by the administrative review process.

A withdrawal request must be submitted within 90 days of the publication of the U.S. Department of Commerce's Notice of Initiation. The Notice of Initiation was published on March 5, 2024. Companies wishing to withdraw their administrative review requests should have done so before June 3, 2024.

The U.S. Department of Commerce selected Canfor and West Fraser as mandatory respondents for the sixth administrative review of the softwood lumber anti-dumping duty order on April 10, 2024.

The U.S. Department of Commerce also selected Canfor and West Fraser as mandatory respondents for the sixth administrative review of the countervailing duty order on April 22, 2024.

The U.S. Department of Commerce has not yet selected voluntary respondent(s) for the sixth administrative reviews.

The preliminary results are expected between October 2024 and early February 2025, and final results sometime between February and August 2025.

Estimated countervailing and anti-dumping duty payments are typically on deposit until the final duty assessment rates for a given period of review are established retroactively by the U.S. Department of Commerce in an administrative review. When Commerce's final results for an administrative review are issued, the final duties are assessed and they are then liquidated (i.e. disbursed to U.S. Treasury). Companies receive either a refund or invoice for additional duties owed if the final duty assessment is lower or higher than the cash deposit rate.

However, if the final results of an administrative review are appealed, for instance through a NAFTA/CUSMA dispute settlement panel or the U.S. courts, the liquidation of entries may be suspended upon request of a party until that legal challenge is resolved.

In the first administrative reviews, the countervailing and anti-dumping final results were challenged under Chapter 10 of CUSMA on December 10 and 20, 2020, respectively.

On February 4 and 26, 2021, the U.S. Department of Commerce issued customs instructions continuing the suspension of liquidation for the first administrative reviews, pending the completion of the ongoing CUSMA binational panel reviews.

In the second administrative reviews, both countervailing and anti-dumping final results were challenged under Chapter 10 of CUSMA on December 28, 2021.

On February 28 (corrected on March 2) and March 16, 2022, the U.S. Department of Commerce issued customs instructions continuing the suspension of liquidation for the second administrative reviews, pending the completion of the ongoing CUSMA binational panel reviews.

In the third administrative reviews, both the anti-dumping and countervailing final results were challenged under Chapter 10 of CUSMA on September 8, 2022. On September 28, 2022, and October 3, 2022, the U.S. Department of Commerce issued customs instructions continuing the suspension of liquidation for the third administrative reviews, pending the completion of the ongoing CUSMA binational panel reviews.

In the fourth administrative reviews, the countervailing final results were challenged under Chapter 10 of CUSMA on August 31, 2023 and the anti-dumping final results were challenged before the U.S. Court of International Trade (USCIT) on September 6, 2023.

In the fifth administrative reviews, both the anti-dumping and countervailing final results were challenged under Chapter 10 of CUSMA on September 18, 2024.

When administrative review results are challenged, companies need to make a business decision about whether they prefer to have entries liquidated at the final administrative review rates or to have the liquidation of their entries suspended until the end of any appeals proceedings.

There are pros and cons relating to each choice. For instance, if final rates are lower than the cash deposit rates, having entries liquidated could provide quicker access to a partial refund of duty deposits. Liquidation of entries also results in the release of customs bonds related to the shipments in question. However, companies could be foregoing a potentially larger refund if Canada is successful in its litigation or when challenges to the results are resolved via litigation or a negotiated agreement.

Companies should also be aware that other parties to this dispute, such as U.S. industry groups like the petitioner, could potentially request that duty liquidation be suspended for some or all Canadian companies. This request could supersede a decision by a Canadian company to have their entries liquidated.

For companies that wish to have their duties for the fifth administrative reviews finalized and have entries liquidated at the current fifth administrative review duty rates, please advise us that you would like your company to be excluded from Canada’s general suspension of liquidation efforts. Please specify which proceeding(s) your company would like to be excluded from (anti-dumping and/or countervailing). Companies should advise us via an email to the softwood lumber inbox (softwood.boisdoeuvre@international.gc.ca) no later than Wednesday, September 25, 2024.

Companies that wish to have their entries immediately liquidated should be aware that other parties to this dispute, such as U.S. industry groups like the petitioner, could request that  liquidation of entries be suspended for some or all Canadian companies. This request could supersede a decision by a Canadian company to have their entries liquidated.

Companies wishing to delay the finalization of duties and liquidation of their anti-dumping and countervailing entries until the conclusion of legal challenges should follow the instructions below and complete their filings by September 27, 2024, as Commerce could issue orders to liquidate entries for AR5 as soon as Monday, September 30, 2024. Commerce may still process requests filed after September 30, 2024, but Canada recommends that companies try to file as soon as possible.

Introduction

• The steps for companies that wish to request continued suspension of liquidation in the AR5 anti-dumping and countervailing proceedings are to:
  1. file a Notice of Appearance via the TAS e-filing system with the United States Canada-United States-Mexico Agreement (CUSMA) Secretariat; and,
  2. file a Request for Continued Suspension of Liquidation with the United States Department of Commerce (Commerce) through the online ACCESS system. Commerce only accepts documents filed in English. 
• Filing the Request for Continued Suspension of Liquidation via the ACCESS system will constitute service of the requests on all interested parties that are parties to the proceeding. Unlike previous administrative reviews, companies will not be required to serve the requests using lettermail. 
• In total, companies will have 4 documents to file – 2 in the anti-dumping proceedings and 2 in the countervailing proceedings.
• Global Affairs Canada has prepared instructions and templates to assist you in completing the letter and form. You will find the templates linked below.
• All four documents are required to ensure that Commerce will properly receive and consider your request to not liquidate your AR5 entries.
• Please file both documents on the same day, and do so by September 27, 2024.

Detailed Instructions

Please carefully follow the instructions below:

Step 1 – Fill out the Notice of Appearance templates to be filed with the CUSMA Secretariat

1. Please download the templates for the both the anti-dumping and countervailing proceedings (form 3285 and form 3286).
2. Please follow the instructions and type in your company name or names in line 1 where it says “INSERT NAME OF COMPANY/COMPANIES”. As noted in the template, please ensure the company names you type match exactly the names listed in the August 19, 2024 Federal Register Notice for the respective proceeding, either anti-dumping or countervailing.
3. In line 2, you may fill in the name of your counsel, if applicable.
4. In lines 3 and 4, fill in your address, telephone number, and email. This information will be used for communication from the Secretariat and other parties, if necessary. Note that by filing a Notice of Appearance, you will likely be placed on the service list for the binational panel review, and therefore can expect copies of documents related to the review to be sent to the address provided.
5. In line 6, check to make sure the name of your company/companies auto-populates based on the company name you entered in line 1.
6. At the bottom of the page, click on the line above where it says Date and use the drop-down menu to select the date on which you are completing the letter.
7. Sign the document where indicated, using either a digital or physical signature of a company representative.
8. You must now print the form to finalize it. If signing digitally you may print to PDF, or if signing physically, you can print to hard copy and then scan to PDF.
9. Please ensure these steps are followed for both the anti-dumping and countervailing proceedings forms.

Step 2 – Fill out the Request for Continued Suspension of Liquidation templates

1. Please download the templates for both the anti-dumping and countervailing proceedings (form 3283 and form 3284).
2. Please follow the instructions and type in your company name or names below the text “Enter company name below; use watermark if applicable. If multiple companies, please write: “Companies listed in Annex A””. Please ensure the company name(s) you type match exactly the names listed in the August 19, 2024, Federal Register Notice for the respective proceeding, either anti-dumping or countervailing.
   1. Completing this portion of the document auto-populates the relevant sections in the main body of the paragraph. This portion will not appear when you print the completed letter.
3. Underneath the instructions, “Name of your legal counsel (if using) or company”, please enter the name of counsel (if an attorney is filing on your company’s behalf), or if your company is filing on its own, repeat the information you provided in the preceding box.
4. Underneath the instructions, “Address of counsel (if using) or company”, please write the full mailing address of your company (or legal counsel if your attorney is filing on your behalf).
5. (Optional) On the top left below the company name box, you may upload a company logo or letterhead if you wish. Please click above the company logo instruction to do so.
6. Below the company logo section on the left, please use the drop-down menu to select the date on which you are completing the letter.
7. Under “Public document”, next to the “Total no. of pages” text, please indicate the total number of pages. The total number of pages must include the public certificate of service and annex (if applicable).
8. Once you have completed the above steps, please review the body of the letter on pages 1 and 2 to ensure that the text is complete.
9. You will need to make sure that the letter is either digitally or physically signed by a company representative.
   1. If you choose to digitally sign, the registered ACCESS account owner should type “/s/” on the signature line and then type his/her name. Please print or save the document.  If someone other than the ACCESS account owner wishes to sign the request, it should be a physical signature.
   2. If you are physically signing the letter, please fill in the name of the person who will be signing in the box labeled “Signature here of your legal counsel (if using) or company representative.” Please print the letter and Public Certificate of Service, and then physically sign the letter above the name of the person signing. Please then scan the entire signed document to create a digital copy, as you will need to file a digital copy on ACCESS. Make sure that the scan includes the letter page and the Public Certificate of Service.
   3. For either digital or physical signatures, if you are filing on behalf of multiple companies, please also include the name of the company that will be actually filing the request below the signature block. (If your legal representative is filing this request on your behalf, the legal representative will be the one signing the letter request and Public Certificate of Service on your behalf).
10. On the last page, you will find the “Public Certificate of Service”.
    1. Please fill in the name of your legal counsel or company representative in the first line. The person entering his/her name here must be the registered ACCESS account owner, whose account is being used to submit the requests for continued suspension of liquidation.
    2. Please select the date in the box at the bottom of the Public Certificate of Service.
    3. The signature after the “/s/” in the Public Certificate of Service will auto-populate with the digital signature of the legal counsel or company representative, who is the registered ACCESS account owner.
11. You must now print the form to finalize it. If signing digitally, you may Print to PDF, or if signing physically, you can print to hard copy and then scan to PDF.
12. Please ensure these steps are followed for both the anti-dumping and countervailing proceedings forms.

Step 3 – Submit your Notice of Appearance to the CUSMA Secretariat

1. Please refer to the Secretariat’s instructions on how to set up an account and upload documents for filing.
2. Upload both the anti-dumping and countervailing duty proceedings Notices of Appearance.

Step 4 – Submit your Requests for Suspension of Liquidation to the Department of Commerce

• These instructions aim to guide companies through the Commerce ACCESS system, which must be used to file documents regarding the antidumping and countervailing duty proceedings, including the Request for Suspension of Liquidation.
• Canadian companies wishing to file documentation must have an ACCESS e-filer account to do so. Your company should have created an account in 2023 as part of your request to participate in AR5.
• If you are represented by U.S. counsel that has already registered with ACCESS as an e-filer and will be filing documentation on your behalf, it is not necessary for you to also have an e-filer account, or to file additional documents.
• Additionally, the Government of Canada does not take any responsibility for technical or other issues that may be encountered by Canadian companies using the ACCESS system. If you encounter any issues while you are using ACCESS, please refer to the Help section on the left side of the ACCESS webpage.

Steps:

1. Open your preferred web browser. Enter in the web address https://access.trade.gov and go to the website.
2. You will reach the home login page. Please enter your username and password. Click the box for “I’m not a robot” and click the box to accept the terms and conditions.
3. Click Login.
4. You will reach the User homepage.
5. On the left side of the screen, click on “Check File(s).”
6. Select “Choose Files,” then navigate to and select the Requests for Suspension of Liquidation prepared in Step 2
7. Select “Check Files.”
8. If the screen displays “Following file(s) don't contain any issues,” proceed to step 9. If the screen displays an issue, edit the PDF accordingly and repeat steps 5-8 of this section. The “ACCESS Handbook On Electronic Filing Procedures” in the Help section on the left side of the webpage includes information on making PDFs compliant with filing requirements.
9. On the left side of the screen, click on “E-file Document.”
10. Please enter in the required information:

Countervailing duty request:

Case Number: C-122-858
Segment: select “REV-Admin Review” from the drop down menu
Segment Begin date: 1/1/2022
Segment End date: 12/31/2022
Segment specific information: leave this blank
Security classification: select “Public Document” from the drop down menu
Document Type: select “Letter” from the drop down menu
Filed on behalf of:  enter your company information
Please leave the other fields blank

For the anti-dumping duty request:

Case Number: A-122-857
Segment: select “REV-Admin Review” from the drop down menu
Segment Begin date: 1/1/2022
Segment End date: 12/31/2022
Segment specific information: leave this blank
Security classification: select “Public Document” from the drop down menu
Document Type: select “Letter” from the drop down menu
Filed on behalf of:  enter your company information  
Please leave the other fields blank.

When uploading your document in the “Upload Files” section, you should write as a title: “Request for Suspension of Liquidation-(COMPANY NAME)”.

11. To file your documentation, go to the “upload file” section at the bottom. Enter the title of your document as suggested in the Step above. Click “browse.”
12. Search within your computer for the completed copy of your request for suspension of liquidation. You will have completed the template in “Step 2” directly above.
13. Once you have done so, click “submit” at the bottom.
14. You will receive a confirmation window. Please click “OK”. As the window describes, do not click refresh or the back button after you click “OK”.
15. You should then receive a confirmation page confirming the details of your submission. Please save and print a copy for your records.
16. Please ensure these steps are followed for both the anti-dumping and countervailing proceedings forms.
17. We recommend that companies file the request on or before September 27, 2024, in order to ensure that Commerce receives and properly registers your requests for suspension of liquidation before issuing instructions to U.S. Customs and Border Protection to liquidate entries.

Please note that your requests for continued suspension of liquidation will be served via ACCESS on all parties when they are filed.  You will not need to serve the letters via first class mail (equivalent of lettermail in Canada).

By regulation, the U.S. Department of Commerce will order the liquidation of entries no earlier than 41 days after the publication of final results in the U.S. Federal Register. For the fifth administrative reviews, this means that the latest an interested party should take action to suspend the liquidation of their entries is Saturday, September 28, 2024. Global Affairs Canada therefore recommends that companies wishing to suspend liquidation take action by Friday, September 27, 2024 (the preceding business day). Of note, it is possible that action taken after this date could still be successful in suspending liquidation.

The Department of Commerce (Commerce) and the U.S. International Trade Commission (USITC) must conduct sunset reviews no later than five years after an anti-dumping or countervailing duty order is issued. The Commerce review determines whether revoking the orders would be likely to lead to a continuation or recurrence of dumping or subsidies. The USITC review determines whether revoking the orders would be likely to lead to a continuation or recurrence of material injury to the U.S. industry. If both the USITC and Commerce determinations are affirmative, the orders will remain in place. If either of their determinations is negative, the orders will be revoked.

Sunset reviews are initiated by Commerce and the USITC no later than 30 days prior to the five-year anniversary of the antidumping and countervailing duty orders. Commerce and the USITC initiated the softwood lumber sunset reviews on December 1, 2022.

Commerce published the results of its reviews of the anti-dumping and countervailing duty orders in early April 2023, finding that revocation of the orders would be likely to lead to continuation or recurrence of dumping and subsidization.

On December 28, 2023, the USITC published its final sunset review determination in the U.S. Federal Register. The USITC determined that the revocation of the anti-dumping and countervailing orders on softwood lumber products from Canada would be likely to lead to continuation or recurrence of material injury to the U.S. industry within a reasonably foreseeable time. In practical terms, this means that the United States will maintain the duty orders on Canadian softwood lumber products. The Government of Canada, in collaboration with stakeholders, launched a challenge of these results under Chapter 10 of CUSMA on January 29, 2024.

Since both the USITC and Commerce determinations are affirmative, the U.S. anti-dumping and countervailing duty orders will remain in place. As a result, U.S. anti-dumping and countervailing duties will continue to be applied to softwood lumber products from Canada. These results do not impact the duty rates applied to Canadian softwood lumber products.