wish to update you with regard to an important deadline by which
Canadian exporters of softwood lumber and U.S. importers of this
merchandise must file requests with the U.S. Dept. of Commerce
for the purpose of hopefully lowering their AD and CVD duty rates.
Such requests, and the appropriate copies, must be filed and
received at Commerce in Washington, DC, by Friday, May 30,
2003. In addition, any requests filed with Commerce must
be served on all of the parties on the service list.
For Obtaining Lower AD And CVD Rates
the applicable Commerce statutes and regulations, an exporter
or importer of the subject merchandise may file a request with
Commerce to review and possibly obtain a lower company-specific
AD and CVD rate. The "all other" antidumping duty rate
established for the softwood lumber AD order is 8.43%, and the
"all other" CVD rate is 18.79%.
general practice, AD and CVD reviews must be filed during the
"anniversary" month of the AD and CVD order. For the
softwood lumber orders, the anniversary month is May, which means
that all requests for review of the AD and CVD rates must be filed
during the month of May. Thus, Canadian exporters and U.S. importers
of softwood have until May 30, 2003, to file their requests
due to certain legal complexities, the period of review for these
requests is not altogether clear. Although the starting point
for the period of review would be May 22, 2002, it is unclear
as to the end of the period of review.
addition, because of the way in which the investigation was conducted,
it is not certain at this point as to whether company-specific
rates can be obtained. This will be made clear when Commerce
publishes its Notice of Initiation of the Administrative Reviews
in June 2003.
And Exporters Should File Requests With Commerce To Provisionally
Protect Their Rights
a Canadian exporter was subject to the "all other" AD
or CVD rate or received an adverse rate in the expedited CVD review,
we would strongly urge that the U.S. importer or the Canadian
exporter file requests with Commerce by May 30, 2003, to protect
the right to proceed with such reviews. Information in Commerce's
Notice of Initiation, which will be published in the Federal
Register in June 2003, will provide more information to interested
parties as to whether they wish to proceed.
if a company is not sure by May 30, 2003, whether or not it wants
to go through the administrative review process, applicants who
file always have the opportunity of withdrawing their requests
within 90 days after Commerce initiates its proceedings. However,
if the company fails to file by the May 30, 2003, deadline, it
is barred from obtaining a lower rate for the period of the review.
Law Offices of George R. Tuttle, PC, specialize in the area of
antidumping and international trade. If you require assistance
in filing these requests or wish any additional information on
this matter, please email Steve Spraitzar at firstname.lastname@example.org
or contact him by telephone at (415) 288-0427. You may also contact
George R. Tuttle at email@example.com
or by phone at (415) 288-0425.
Spraitzar and George Tuttle are attorneys with the Law Offices
of George R. Tuttle in San Francisco. The information in this
article is general in nature and is not intended to constitute
legal advice or to create an attorney-client relationship with
respect to any event or occurrence, and may not be considered
© 2005 by Tuttle Law Offices.
rights reserved. Information has been obtained from sources believed
to be reliable. However, because of the possibility of human or
mechanical error by our offices or by others, we do not guarantee
the accuracy, adequacy, or completeness of any information and are
not responsible for any errors, omissions, or for the results obtained
from the use of such information.