Perceived and Otherwise Elusive ‘gap period’ on Canadian Softwood Lumber Imports to the US

UPDATE FROM MIKE JONES MONDAY:

Expectation is for the Dept of Commerce to announce the Final Determination of CVD (and AD) on Sept 6.

Usually it takes 5 – 7 days to be published on the Federal Register and become law, at which time whatever the new duty might be will take effect.

Many expect the Sept DoC Final Determination will be the same as the Preliminary.

At the Sept 12 hearing Canada gets to make it’s rebuttal for CVD and AD.

The ITC Final Determination at the end of October will start to be the real legal decision. Then in January 2018 we will know the binding decisions on everything.

On Aug 25, 2017, at 12:54 PM, Michael Jones <mikejones@joneschb.com> wrote:

Softwood Lumber CVD GAP Period a “Go”

Dear Softwood Lumber Clients and Interested Parties;

 

Our review of today’s August 25th publication of the Federal Register has determined that the U.S. Department of Commerce has not published their Final CVD Determination, required by Regulations to take place within 120 calendar days from the April 28^th Preliminary Determination.  This allows for the anticipated “GAP” in the requirement to remit the CVD Cash Deposit portion of the AD/CVD duties specific to this case.  This means that the subject shipments that crossed the border into the U.S. as early as August 14^th, for which Jones & Jones Customs Brokers, as allowed by U.S. Title 19 Federal Regulations, has delayed filing of the Entry Summary ten business days (filing them Monday, August 28^th) will be exempt from the CVD duties.  Collection of the CVD duties will not be required until on and after the DOC’s or ITC’s Final CVD Determination is published.   The U.S. DOC cannot act retroactively regarding the “GAP” period.

 

There is word that the DOC may publish their Final CVD Determination as early as September 6^th, reducing what many originally may have understood to be a wider “GAP” or window of opportunity.  We have nothing official on this potential September 6^th publication date, and can only share that we will manipulate the filing of the Entry Summary of the captured materials to the best advantage of our clients.

 

The respective AD Cash Deposits will continue to be required during this period.

 

Sincerely,

 

Jones & Jones Customs Brokers and Trade Consultants

Michael D. Jones, President – CHB – Inactive Marine NCO

Blaine Phn: 360-332-6090 or 888-536-5079

Fax: 360-332-1282

Cells: Michael 360-220-6101 – Kim 360-201-2180

638 Peace Portal Drive –  Suite 202

Blaine, Washington 98230

J&J Website: www.joneschb.com

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Filer Code: WQO (Whiskey-Queen-Oscar)