CBP Issues Interim Rule Establishing Special Entry Requirements for Canada Softwood Lumber Products
U.S. Customs and Border Protection (CBP) has issued an interim rule, effective October 16, 2006, that amends 19 CFR Parts 12 and 163 in order to establish special entry requirements applicable to shipments of softwood lumber products from Canada.
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CBP states that this interim rule is designed to monitor and enforce the Softwood Lumber Agreement (SLA 2006) that the U.S. and Canada entered into on September 12, 2006 and that entered into force on October 12, 2006. (See ITT's Online Archives 10/18/06 news, 06101805, for BP summary of the SLA 2006 entering into force.)
Definitions
CBP's interim rule amends 19 CFR 12.140, which provides a list of applicable definitions, to read as follows (partial list):
Date of shipment. "Date of shipment" means, in the case of products exported by rail, the date when the railcar that contains the products is assembled to form part of a train for export; otherwise, the date when the products are loaded aboard a conveyance for export. If a shipment is transshipped through a Canadian reload center or other inventory location, the date of shipment is the date the merchandise leaves the reload center or other inventory location for final shipment to the U.S.
Region of Origin. "Region of Origin" means the Region where the facility at which the softwood lumber product was first produced into such a product is located, regardless of whether that product was further processed (for example, by planing or kiln drying) or was transformed from one softwood lumber product into another such product (for example, a remanufactured product) in another Region, with the following exceptions:
The Region of Origin of softwood lumber products first produced in the Maritime Provinces from logs originating in a non-Maritime Region will be the Region where the logs originated; and
The Region of Origin of softwood lumber products first produced in the Yukon, Northwest Territories or Nunavut (the "Territories") from logs originating outside the Territories will be the Region where the logs originated.
Softwood lumber products. "Softwood lumber products" mean those products described by the SLA 2006 in its Annex 1A.
(The description of covered "softwood lumber products" in SLA 2006 Annex 1A appears to be identical to the scope of the now-revoked antidumping (AD) and countervailing (CV) orders on Certain Softwood Lumber Products from Canada. See ITT's Online Archives or 10/18/06 news, 06101840, for BP summary of these revocations.)
Reporting Requirements for Softwood Lumber Products from Canada
CBP states that in the case of softwood lumber products from Canada listed in Annex 1A of the SLA 2006, the following information must be included on the electronic entry summary documentation (CBP Form 7501) for each entry:
Region of Origin. The letter code representing a softwood lumber product's Canadian Region of Origin, as posted on the Administrative Message Board in the Automated Commercial System (ACS). (For example, the letter code "XD" designates softwood lumber products whose Region of Origin is British Columbia Coast. The letter code "XE" designates softwood lumber products whose Region of Origin is British Columbia Interior.)
Export Permit Number. The 8-digit Canadian-issued Export Permit Number, preceded by one of the following letter codes:
The letter code assigned to represent the date of shipment (i.e., "A" represents January, "B" represents February, "C" represents March, etc.), except for those softwood lumber products produced by a company listed in Annex 10 of the SLA 2006 or whose Region of Origin is the Maritimes, Yukon, Northwest Territories or Nunavut;
The letter code "X", which designates a company listed in Annex 10 of the SLA 2006; or
The letter code assigned to represent the Maritimes (code M); Yukon (code Y); Northwest Territories (code W); or Nunavut (code N), for softwood lumber products originating in these regions.
(See ITT's Online Archives or 10/19/06 news, 06101905, for BP summary of CBP's export permit number requirement.)
Certificate of Origin Issued by Maritime Lumber Bureau Must be Submitted to CBP if Product's Region or Origin is the Maritimes
CBP states that when a softwood lumber product's Region of Origin is the Maritimes, the original paper copy of the Certificate of Origin issued by the Maritime Lumber Bureau must be submitted to CBP with the paper entry summary documentation for each entry. The Certificate of Origin must specifically state that the corresponding CBP entries are for softwood lumber products first produced in the Maritimes from logs originating in the Maritimes or State of Maine.
Importers Must Retain Copies of Export Permits, Certificates of Origin, Etc.
According to CBP, importers must retain copies of export permits, certificates of origin, and any other substantiating documentation issued by the Canadian Government pursuant to the recordkeeping requirements set forth in 19 CFR Part 163.
- written comments must be received on or before December 18, 2006
CBP contact - Millie Gleason (202) 344-1131
(See ITT's Online Archives 10/18/06, 06101805 news for BP summary of the SLA 2006 entering into force.)
SLA 2006, posted 09/12/06, available at http://www.ustr.gov/assets/World_Regions/Americas/Canada/asset_upload_file847_9896.pdf
Amendments to SLA 2006, posted 10/12/06, available at http://www.ustr.gov/assets/World_Regions/Americas/Canada/asset_upload_file667_9897.pdf
CBP interim rule (USCBP-2006-0108; Dec. 06-25, FR Pub 10/18/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-8761.pdf