Instructions – Completing and Filing Letters in Lieu of Case Briefs for the Softwood Lumber Seventh Administrative Review (AR7) of the Anti-Dumping (AD) Duty Order

Introduction

  • These instructions are intended for companies that wish to take steps to preserve their rights to participate in any future legal challenges to the final results of AR7 AD, which are expected to be issued in fall 2026.
  • The steps below are intended to mitigate the risk that the U.S Department of Commerce (Commerce) or the U.S. Court of International Trade (USCIT) reject company requests for suspension of liquidation in future legal challenges under either CUSMA or before the USCIT.
  • NOTE: ** If your company is represented by U.S. counsel or part of an industry association that is represented by U.S. counsel, your representatives may already be participating on behalf of your company. If your company has worked with U.S. trade counsel, including through any industry associations, or if you have any questions about these steps, we recommend consulting with that counsel.
  • Companies that choose to file letters in lieu of case briefs, as described below, retain the option to decide at a later point whether they wish to file requests for suspension of liquidation in the event of legal challenges to the AR7 AD final results.

Process

  • We are providing a draft template that companies may use. Companies wishing to submit these documents must do so through the online ACCESS system. Please note that Commerce only accepts documents filed in English.
  • Companies must enter notices of appearance before filing the letter. Any letters in lieu of case briefs must be filed by Tuesday, May 5, 2026 at 4:59 p.m. (EST) in the AD duty proceeding, which is the deadline set by Commerce.
  • To ensure timely filing, we recommend that companies file by Thursday, April 30, 2026.
  • Companies that were included in both the anti-dumping and countervailing duty reviews in AR7 (which is the case for most companies) would need to take the steps described below in each review. Most companies would therefore have to enter two appearances and file two letters (one for the anti-dumping duty review and one for the countervailing duty review). While commerce has set the deadline to file notices of appearances and briefs in the AR7 AD proceeding, the timeline for filing has not yet been set in the AR7 countervailing duty proceeding.
  • Global Affairs Canada has prepared instructions on entering an appearance.
  • Global Affairs Canada has also prepared a template and instructions to guide you in drafting the letter. The template can be downloaded from the Frequently asked questions – Softwood lumber.
  • Please note that your letter in lieu of case brief will be served via ACCESS on all parties when it is filed. You will not need to serve the letter via first class mail (equivalent of lettermail in Canada).
  • NOTE: *** On Monday, April 20, 2026, Commerce updated its ACCESS system. As a result, users with existing accounts must register on the updated ACCESS system as a “Returning E-Filer”, as per the instructions below, or consult Commerce’s “Registration Guide: Returning E-Filer (PDF)”.

Detailed Instructions

Please carefully follow the instructions below:

Step 1 – Register on ACCESS as a Returning E-Filer

  1. Open your preferred web browser and enter https://access.trade.gov.
  2. At the top right corner of the homepage, click on “Sign in”, followed by “As External User”.
  3. At the bottom of the sign in page, click on “Sign up now”.
  4. Enter your email address that was registered on the previous ACCESS system and click on “Send verification code”.
  5. A code will be sent to the email address provided. Please enter in the “Verification code” box and click on “Verify code”.
    1. If there was no code sent to your email address after checking your Inbox & Spam Folder, please click on “Send new code”.
  6. Fill in the remaining fields and click on “Create”.
  7. You will be directed to your profile page. Please verify and/or update your information and then click on “Update” at the bottom of the page.
  8. A window will appear prompting you to enter your 4-digit PIN. Enter your PIN and click on “Confirm”.
    1. If you don’t remember your PIN, exit the window and click on “Recover PIN”. A message saying “User PIN Recovery Email Sent” should appear. Once you have received an email with your PIN, return to step 7.
  9. You will then be directed to the User homepage.

Step 2 - Fill out the Letter in Lieu of Case Brief template

  1. Please download the AR7 AD letter in lieu of case brief template.
  2. Please type your company name or names below the text “Name of your company. If multiple companies, please write: ‘Each company listed in Annex A’”. Please ensure the company name(s) you type match exactly the names listed in the April 14, 2026 Federal Register Notice for the preliminary results for the AD proceeding.
    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.
    2. If you are filing on behalf of multiple companies, you are responsible for attaching an Annex A containing a list of these companies, as indicated in the request template.
  3. At the top left, below the company name section, please use the drop-down menu to identify whether you are a producer, exporter, or both. If you are filing on behalf of multiple companies, please identify using the drop-down menu whether you are filing on behalf of producers, exporters, or both.
    1. As with your company name(s) above, 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.
  4. At the top right, please write the name of your company (or legal counsel if your attorney is filing on your behalf).
  5. At the top right, please write the full mailing address of your company (or legal counsel if your attorney is filing on your behalf).
  6. (Optional) If you wish to upload a company logo or letterhead, please click above the company logo instruction to do so at the top left of the page.
  7. Below the company logo section on the left, please click below the date instructions and use the drop-down menu to select the date on which you are completing the letter.
  8. 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 included.
  9. Once you have completed the above steps, please review the body of the letter to ensure that the text is complete.
  10. You will need to make sure that the letter is either digitally or physically signed by a company representative or legal counsel. 
    1. Digital Signature: The registered ACCESS account owner (see below) should type “/s/” followed by their name in the signature section. If someone other than the ACCESS account owner wishes to sign the request, it should be a physical signature.
    2. Physical Signature: Please leave the box labeled “Signature of your legal counsel (if using) or company representative. If signing digitally, add “/s/ before the name” blank.
    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 letter on your behalf, the legal representative will be the one signing the letter and Public Certificate of Service on your behalf).
  11. On the next page, you will find the “Public Certificate of Service”.
    1. At the top, please type the name of your legal counsel or company representative.
    2. Please use the drop-down menu to select the date on which you are completing the Public Certificate of Service.
    3. You will need to make sure that the certificate of service is either digitally or physically signed by a company representative or legal counsel. 
      1. Digital Signature: The registered ACCESS account owner should type “/s/” followed by their name on the signature line. If someone other than the ACCESS account owner wishes to sign the certificate of service, it should be a physical signature.
      2. Physical signature: Please leave the box labeled “Signature of your legal counsel (if using) or company representative. If signing digitally, add “/s/ before the name” blank.
    4. Please include the information in the public service list from ACCESS for the relevant proceeding using the following instructions:
      1. Open your preferred web browser and enter https://access.trade.gov.
      2. At the top right corner of the homepage, click on “Sign in”, followed by “As External User”.
      3. On the sign in page, please enter your email address and password.
      4. Click “Sign in” to bring you to the User homepage.
      5. On the left side of the screen, click on “Search,” which will take to a new page.
        1. Enter the following information for the anti-dumping duty proceeding:
          1. Case Number: Type A-122-857 in the box
          2. Segment: Select “REV – Admin Review” from the drop-down list
          3. Segment Begin Date: Type “2024-01-01”
          4. Segment End Date: Type “2024-12-31”
          5. Document Type: Select “Public_Service_List” from the drop-down list
          6. Click “Search”
      6. Click on the link titled “Public Service List,” which will open the public service list as a document.
      7. Copy the information listed for each party (name of counsel, whom they represent, their address, their phone number, and their email address) into the Public Certificate of Service section of your template.
  12. You must now sign the form to finalize it and save a digital copy.
    1. Digital signature: Please print and scan the document to make a digital copy, or print to PDF, and save a copy on your computer.
    2. Physical signature: Please print the letter and Public Certificate of Service, and then physically sign the letter AND the certificate of service above the name of the person signing. Please then scan and save 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.

Step 3 – Enter an Appearance in the Segment

  • These instructions aim to guide companies through entering appearances in AR7 AD on ACCESS.
  • Canadian companies wishing to file documentation must have an ACCESS e-filer account to do so.
  • 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.
  • The Government of Canada does not take any responsibility for technical or other issues that may be encountered by Canadian companies using ACCESS.  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 and enter the web address https://access.trade.gov.
  2. At the top right corner, click on “Sign in”, followed by “As External User”.
  3. On the sign in page, enter your email address and password.
  4. Click “Sign in” to bring you to the User homepage.
  5. On the left side of the screen, click on “Manage Entry of Appearance,” which will direct you to a new page.
  6. At the top of the new page, click “Create New Entry of Appearance”.
  7. You will be directed to a screen where you must provide information concerning the segment in which you are appearing.  For AR7 AD, please enter the following information:
    1. Case Number: Type “A-122-857”
    2. Case Segment: Select “REV 1/1/2024 - 12/31/2024” from the drop-down list.
    3. Is participant(s) represented by counsel?: Select either “Yes” or “No” from the drop-down list.
    4. Participant Type(s): Check the box next to “(i) a foreign manufacturer, producer, or exporter of subject merchandise,”.
      • In the box next to your selection, enter the name of each company on whose behalf you are entering an appearance.
    5. Additional Information: If you entered the names of multiple companies in the previous step, then you will need to fill out this box. Otherwise, proceed to Step 7.f.
      • Please type a description of each companies’ participation types in this box.  For example, if you identified Company A and Company B as qualifying for participation as “(i) a foreign manufacturer, producer, or exporter of subject merchandise,” then you might explain that: “Company A is a foreign producer of subject merchandise and Company B is a foreign exporter of subject merchandise.”
    6. Verify that the information autopopulated for Name, Firm Name, Full Address, Firm/Organization Phone, and Email Address is correct. This information should correspond to the information you entered to create your account.
    7. Click “Submit.”
    8. You should then be directed to a confirmation page with the details of your entry of appearance submission.  Please save and print a copy for your records.

Step 4 - Submit your Letter in Lieu of Case Brief to the Department of Commerce

  • These instructions aim to guide companies through the ACCESS system, which must be used to file documents regarding anti-dumping or countervailing duty proceedings, including letters in lieu of case briefs.
  • Note: Companies must submit an Entry of Appearance (i.e., complete Step 3 above) before completing this step.
  • Canadian companies wishing to file documentation must have an ACCESS e-filer account to do so. 
  • 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.
  • The Government of Canada does not take any responsibility for technical or other issues that may be encountered by Canadian companies using the U.S. Commerce Department 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 and enter the web address https://access.trade.gov.
  2. At the top right corner, click on “Sign in”, followed by “As External User”.
  3. On the sign in page, enter your email address and password.
  4. Click “Sign in” to bring you to 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 Letter in Lieu of Case Brief prepared in Step 2 above.
  7. If the file name appears in a green box, with a check mark at the beginning, proceed to step 8. If the screen displays an issue, edit the PDF accordingly and repeat steps 5-7 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.
  8. Once you have checked your file, click on “E-file Document” on the left-hand side of the page.
  9. Please enter in the required information for the AR7 AD proceeding:

    Case Number: A-122-857
    Segment: select “REV - Admin Review” from the drop-down menu
    Segment Begin date: 2024-01-01
    Segment End date: 2024-12-31
    Filed on behalf of: enter your company information
    Security classification: select “Public Document” from the drop-down menu
    Document Type: select “Letter” from the drop-down menu

    Please leave the other fields blank.

    When uploading your document in the “Upload Files” section, you should write as a title/description: “Letter in Lieu of Case Brief-(COMPANY NAME)”.

  10. 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 “Choose File”.
  11. Search for and select the completed copies of your letter in lieu of case brief. You will have completed the templates in Step 2 directly above.
  12. Once you have done so, click “submit” at the bottom.
  13. A confirmation window will appear. Please click “OK”. As the window describes, do not click refresh or the back button after you click “OK”.
  14. You should then be directed to a confirmation page with the details of your submission. Please save and print a copy for your records.

If you have further questions or concerns, please do not hesitate to reach out to us at softwood.boisdoeuvre@international.gc.ca. As always, we encourage anyone with questions about U.S. law or about a particular company’s circumstances to seek legal advice from U.S. trade counsel.