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U.S. – Canada Softwood Lumber Agreement 2006 January 2007.

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Presentation on theme: "U.S. – Canada Softwood Lumber Agreement 2006 January 2007."— Presentation transcript:

1 U.S. – Canada Softwood Lumber Agreement 2006 January 2007

2 Objectives  Obligations  Scope  Exclusions  Entry Summary Information  Document Requirements  Enforcement  Data Quality/Clean-up Campaign

3 Softwood Lumber Background May 22, 2002  Softwood lumber products from Canada are subject to antidumping and countervailing duties Sept 12, 2006  Softwood Lumber Agreement signed Oct 12, 2006  Softwood Lumber Agreement entered into force Oct 16, 2006  Interim rule promulgated by CBP (71 FR 201 dated 10/18/06) AD/CVD to SLA 2006

4 Obligations of SLA 2006  Antidumping and Countervailing duties for Softwood Lumber products from Canada were revoked  1,351,752 entries were affected by the revocation  $5,569,628,689.13 was refunded  Majority of liquidations completed in 13 weeks  Softwood lumber products are subject to export measures in Canada prior to importation  Some exclusions apply  Requires submission of new entry summary information

5 Differences between 1996 and 2006  1996  Export permit provided 20 days after release  British Columbia Province code was XC  Provinces – British Columbia, Quebec, Ontario and Alberta  2006  Export permit must be obtained prior to export and the permit number transmitted to CBP at entry summary  British Columbia region was divided into BC Coast - XD and BC Interior - XE  Regions – British Columbia, Quebec, Ontario, Alberta, Manitoba, Saskatchewan  Excluded Regions – Maritime, Yukon, Northwest Territories, Nunavut only when softwood lumber product is produced from logs originating in these regions

6 Sections of Agreement addressing Customs issues  Article I Scope of Coverage  Annex 1 A Softwood Lumber Products  Article X Exclusions from export measures  Regions – Maritimes, Yukon, Nunavut, Northwest Territories  Companies – Listed in Annex 10  Article XV Information Collection and Exchange  Article XXI Definitions  Defines various terms within the Agreement

7 Products Subject to SLA 2006  Softwood lumber products processed in Canada and imported into the US and classified in Chapter 44 of the HTS 2007 HTSUS 4407.10.01 4409.10.05 4409.10.10 4409.10.20 4409.10.90 *4418.90.2500 *4418.90.4690 *4421.90.7040 *4421.90.9740 * Lumber products classified in these tariff numbers that do not conform to the specifications of the exclusion in Annex 1A(4) are subject to SLA 2006 2006 HTSUS 4407.10.00 4409.10.05 4409.10.10 4409.10.20 4409.10.90 *4418.90.4590 *4421.90.7040 *4421.90.9740

8 First Mill  What is a First Mill?  The facility at which the Softwood Lumber Products are first produced  Why is it important?  The Region of Origin being reported to CBP is based on the Region where the goods were first produced  The Export Charge and Export Charge Plus Volume Restraint is assigned by Region

9 Export Measures  Regions that selected this Option*:  British Columbia Coast and Interior  Alberta  NOTE: All Regions required to use Option A from Oct. 12, 2006 – Dec. 31, 2006 Option B  Regions that selected this Option:  Manitoba  Saskatchewan  Ontario  Quebec Option A

10 Exclusions  Excluded from scope of Agreement  Specific products  Products meeting certain requirements  Excluded from export measures in Canada  Specific Regions  Specific Companies

11 Excluded from Scope of Agreement  Certain softwood lumber products classified in Chapter 44 of the HTS are exempt from the scope of the SLA 2006  List of these products is found in Annex 1A (3)(a-k) Specific Products

12 Excluded from Scope of Agreement  Processed softwood lumber products that meet specific specifications are exempted from the scope of the SLA 2006  List of these products is found in Annex 1A (4)(a-f) and (5) Products Meeting Certain Requirements

13 Excluded From Export Measures  First produced in the Yukon, Northwest Territories or Nunavut from logs originating in the those regions Maritime Region Specific Companies  Products produced by certain companies  List of companies found in Annex 10 Specific Regions  First produced in the Maritimes from logs originating in the Maritimes or Maine

14 Entry Summary Information  Region of Origin  Export Permit Number issued by Canada  Original paper Certificate of Origin issued by the Maritime Lumber Bureau for lumber originating or produced from Maritime logs Additional Required Information*  Remote Location Filing (RLF) may be used for all softwood lumber entries except from the Maritimes

15 Region of Origin  Country of Origin on entry summary must reflect the Region of Origin in Canada  Region of Origin must reflect corresponding Province Code in Canada  XA = Alberta, etc.  British Columbia  XD = BC Coast  XE = BC Interior Entry Summary Procedures

16 Export Permit  Export permit MUST be for one entry summary only  NO duplicates allowed under any circumstance  The export permit number MUST be reported on the entry summary for the following:  Products excluded from export measures but included in scope  Products included in scope  The export permit is not required for the following:  Products exempt from the scope Entry Summary Information

17 Export Permit Configurations  Letter corresponding to month shipped MUST precede export permit number  A = January  B = February  C = March, etc. Lumber Products subject to the Scope

18 Export Permit Configuration  Products that are within scope but are from a Region or company that is excluded MUST submit an export permit number.  Letter corresponding to the excluded Region or excluded company MUST precede the export permit number (do not report month shipped):  M = Maritimes  N = Nunavut  W = Northwest Territories  Y = Yukon  X = Companies listed in Annex 10 Regions and Companies Excluded from Export Measures

19 Export Permit Configuration  The export permit field on entry summary is a required field  The following number should be input in the export permit field for products that are excluded from the scope of the SLA 2006 such as those products classified under 4418.90.45.90: P88888888 Products Excluded From Scope

20 Permit Not Obtained  Softwood Lumber Products that require an export permit and one has not been obtained at entry summary should use the following number: R88888888  Export Permit follow-up required Entry Summary Procedures

21 Maritime Entries  Entry Summary MUST be filed as a paper summary  The Original Certificate of Origin issued by the Maritime Lumber Bureau MUST be provided in paper form with the entry summary documents  Export Permit is required  Maritime Provinces:  New Brunswick  Nova Scotia  Prince Edward Island  Newfoundland and Labrador Entry Summary Procedures

22 Document Requirements  Export Permit MUST be produced upon request by CBP  Paper copy of Maritime Certificate of Origin MUST be presented at entry summary All Softwood Lumber Entries

23 Enforcement Actions  Recordkeeping  19 USC 1509(a)1(A) and (g)  Authority to examine and request documents  Penalty for failure to produce requested documents  Broker Penalties  19 USC 1641  Penalties for failure to exercise responsible supervision and control over customs business  Fraud  19 USC 1592  Penalties for fraud, gross negligence and negligence

24 Data Quality  Submit appropriate Region code  Submit appropriate Export Permit Number format  No Duplicate use of permit numbers  Submit Supplemental Information Letters/Post – Entry Amendments (SIL/PEA) to make corrections

25 References  The SLA 2006:  Interim Rule and Implementation Instructions:  1-800-916-4834 CBP SLA Questions  1-877-808-8838 or 613-944-2168 Softwood Lumber Control Hotline


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