Frequently asked questions – Softwood lumber
The following information is provided for reference purposes only. We strive to provide information that is correct, to the best of our knowledge, and useful to a large number of companies. The information that we provide is general and does not take into account issues that may arise for individual companies. In the same vein, please note that this information does not constitute legal advice and should not be construed as such. Companies seeking legal advice relating to the U.S. proceedings with respect to softwood lumber, such as the administrative review processes, should retain U.S. legal counsel with expertise in U.S. trade law. Companies may also consider contacting their customs brokers regarding customs-related issues.
What support measures are available for the forest sector?
Prime Minister Carney has announced a series of federal measures to help the industry transform and innovate. Please refer to Natural Resources Canada’s Support for forest sector employers and workers webpage for further details.
Current U.S. anti-dumping and countervailing duty rates
What cash deposit rates are currently in effect for softwood lumber products from Canada exported to the United States?
The U.S. Department of Commerce announced the final duty rates for companies subject to the sixth administrative reviews of its anti-dumping and countervailing duty orders on imports of certain softwood lumber products from Canada in the summer of 2025. The anti-dumping rates took effect on July 29, 2025, while the countervailing duty rates took effect on August 12, 2025, when the U.S. Department of Commerce published the final results in the U.S. Federal Register.
On September 11, 2025, the U.S. Department of Commerce amended the sixth administrative review anti-dumping duty rates due to ministerial errors. The table below reflects the amended duty rates.
Amended final results of the sixth administrative reviews
| Company | Anti-dumping rates | Countervailing duty rates | Combined duty rates |
|---|---|---|---|
| Canfor Corporation | 35.47% | 12.12% | 47.59% |
| West Fraser Mills Ltd. | 9.65% | 16.82% | 26.47% |
| All others | 20.53% | 14.63% | 35.16% |
For companies subject to the sixth administrative reviews, the new duty rates apply retroactively to their exports made in 2023. In addition, these rates apply to new entries as a cash deposit rate going forward until these companies are subject to a future administrative review.
For companies not subject to the sixth administrative reviews, the most recent duty rate applicable to them will continue to apply.
Effective October 14, 2025, following its “Section 232” national security investigation, the United States imposed a 10% tariff rate, in addition to the anti-dumping and countervailing duties, on certain softwood lumber products. The United States also imposed tariffs on other wood products. Please see the Current U.S. Tariff Rates section below for more details.
What cash deposit rates are in effect for new exporters of Canadian softwood lumber products to the United States?
For new companies with no history of exporting softwood lumber products to the United States, and which are not subject to any administrative reviews by the U.S. Department of Commerce, the "all others" combined duty rate of 20.23% from the initial investigation will be applied to them until they participate in an administrative review or make a request for a new shipper review (See the "New Shipper review" section below).
Current U.S. tariff rates
For general information regarding U.S. tariffs please consult the Global Affairs Canada Supporting Canadian exporters through United States tariff challenges and Self-serve resources for problem solving pages.
What tariff rates are currently in effect for certain wood products?
On September 29, 2025, following the conclusion of the national security investigation under Section 232 of the 1962 Trade Expansion Act on imports of wood products, President Trump announced the imposition of tariffs on certain wood products, effective as of 12:01 EST October 14, 2025. Per the original announcement, on January 1, 2026, the tariff on certain upholstered furniture was set to increase to 30%, and the tariff on kitchen cabinets and vanities was set to increase to 50%.
On December 31, 2025, President Trump issued a proclamation delaying the Section 232 tariff rate increase on certain upholstered furniture, kitchen cabinets, and vanities by one year, until January 1, 2027.
The original Section 232 tariff rates on certain wood products remain in effect and are as follows:
- 10% global tariff on imports of timber (logs) and softwood lumber;
- 25% global tariff on certain upholstered furniture, which will increase to 30% on January 1, 2027; and,
- 25% global tariff on kitchen cabinets and vanities, which will increase to 50% on January 1, 2027.
What products are subject to the tariffs (i.e. in-scope)?
The Section 232 tariffs apply to imports that are entered under specific Harmonized Tariff Schedule of the United States (HTSUS) codes. The tariffs are applicable to the following merchandise:
- Timber (logs) and softwood lumber:
4403.11.00; 4403.21.01; 4403.22.01; 4403.23.01; 4403.24.01; 4403.25.01; 4403.26.01; 4403.99.01; 4406.11.00; 4406.91.00; 4407.11.00; 4407.12.00; 4407.13.00; 4407.14.00; 4407.19.00
- Upholstered furniture:
9401.61.4011; 9401.61.4031; 9401.61.6011; 9401.61.6031
- Kitchen cabinets and vanities:
9403.40.9060; 9403.60.8093; 9403.91.0080
With respect to softwood lumber products, is the scope of products subject to the Section 232 tariffs and the anti-dumping and countervailing duties the same?
No, the scope of products subject to the Section 232 tariffs are defined by their Harmonized Tariff Schedule of the United States (HTSUS) codes, whereas the scope of the products subject to the anti-dumping and countervailing duties is defined by the description in the U.S. Department Commerce's final determination of its dumping and subsidy investigations. For instance, softwood lumber products certified by the Atlantic Lumber Board as being first produced in, or from logs harvested in, the Provinces of Newfoundland and Labrador, Nova Scotia, or Prince Edward Island, while exempt from the anti-dumping and countervailing duties, are not exempt from the Section 232 tariffs.
For more information on the scope of products subject to the anti-dumping and countervailing duties, please refer to the “Scope of investigations” section below.
Do the Section 232 tariffs apply in addition to the U.S. anti-dumping and countervailing duties on softwood lumber?
For any products included in the scope of both the Section 232 tariffs as well as the U.S. duties, the tariffs will be applied in addition to the anti-dumping and countervailing duties already in place.
Do the Section 232 tariffs apply in addition to other U.S. tariffs?
Products subject to the Section 232 tariffs are exempt from the International Emergency Economic Powers Act tariffs. If you have questions about your company’s particular circumstance, it is recommended that you consult your customs broker.
Are the Section 232 tariffs subject to review?
U.S. President Trump has instructed the U.S. Secretary of Commerce to monitor imports of wood products from time to time, and inform him of any circumstances that might indicate the need for further action. In particular, the President has instructed that an update on hardwood timber and lumber be delivered by October 1, 2026.
Administrative reviews
What is an administrative review?
The U.S. Department of Commerce conducts an annual administrative review of its anti-dumping and countervailing duty orders. This administrative review process establishes updated duty rates for companies that are subject to the review. Generally, a company is subject to the review if a request has been submitted to the U.S. Department of Commerce to include that company in the review. The administrative review will establish final duty assessment rates for shipments entered during the period of review and establish new estimated duty deposit rates going forward until the next administrative review is completed.
When does the United States begin the administrative review processes?
The applicable U.S. statute provides that requests for an administrative review must be filed during the anniversary month of the publication of an anti-dumping or countervailing duty order. As the anniversary month for both softwood lumber duty orders is January, this is when the administrative review process begins each year.
What are the time periods covered by the Periods of Review?
First administrative reviews: The Period of Review for the first administrative review of the countervailing duty order was April 28, 2017 to December 31, 2018. The Period of Review for the first administrative review of the anti-dumping duty order was June 30, 2017 to December 31, 2018.
Second administrative reviews: The Period of Review for the second administrative reviews of the anti-dumping and countervailing duty orders was January 1, 2019 to December 31, 2019.
Third administrative reviews: The Period of Review for the third administrative reviews of the anti-dumping and countervailing duty orders was January 1, 2020 to December 31, 2020.
Fourth administrative reviews: The Period of Review for the fourth administrative reviews of the anti-dumping and countervailing duty orders was January 1, 2021 to December 31, 2021.
Fifth administrative reviews: The Period of Review for the fifth administrative reviews of the anti-dumping and countervailing duty orders was January 1, 2022 to December 31, 2022.
Sixth administrative reviews: The Period of Review for the sixth administrative reviews of the anti-dumping and countervailing duty orders was January 1, 2023 to December 31, 2023.
Seventh administrative reviews: The Period of Review for the seventh administrative reviews of the anti-dumping and countervailing duty orders is January 1, 2024 to December 31, 2024.
Eighth administrative reviews: The Period of Review for the eighth administrative reviews of the anti-dumping and countervailing duty orders is January 1, 2025 to December 31, 2025.
If my company is subject to one or more of the anti-dumping and countervailing administrative reviews, what does this mean for my company?
If your company is subject to one or more of the anti-dumping and countervailing administrative reviews, please review the following:
If your company currently exports in-scope products to the United States, please refer to the question below, entitled "How will my company be affected by the administrative review process?"
If your company currently exports only out-of-scope products to the United States and therefore you do not pay anti-dumping or countervailing duty cash deposits on these products, this should not change as a result of your inclusion in the administrative review process. U.S. Customs and Border Protection applies duties solely to products within the scope of the duty orders. The scope of the duty orders is not expected to change as part of the administrative review process.
If you begin shipping in-scope merchandise in the future, but did not export in-scope merchandise during the period of the initial duty investigations (calendar year 2015 for the countervailing duty investigation and October 2015 through September 2016 for the anti-dumping duty investigation), your shipments will be subject to duties upon entry into the United States and you may wish to request a new shipper review at the appropriate time (please see "New Shipper Review" section below). You should consult U.S. counsel specializing in U.S. trade law to determine if that may be appropriate for your company's circumstances.
How will my company be affected by the administrative review process?
According to U.S. trade law, an administrative review request can be made by a number of parties: exporters and producers can request a review of their own companies; importers can request a review of the companies from which they purchased; and the Government of Canada can request reviews of specified exporters or producers. The petitioner may also request that the U.S. Department of Commerce conduct an administrative review of any or all exporters or producers who can be identified based on customs data and other sources. If the petitioner makes a request, all companies named in that request would be subject to the administrative review. Separate requests are required for the anti-dumping and countervailing duty administrative reviews.
Not all companies that are subject to a review are necessarily individually examined. The U.S. Department of Commerce generally selects only a handful of respondents for individual examination. Individually examined companies (whether mandatory or voluntary respondents) will need to provide detailed financial and organizational information for the period of review, and will be provided with their own individual assessment and duty deposit rates at the conclusion of the administrative reviews. The remaining companies that are subject to the reviews (i.e. those not individually examined) will be given a new "non-selected rate" as a result of the reviews (also referred to as an "all others" rate). The "non-selected rate" is a weighted average of the final rates for the individually examined respondents.
The new individual or non-selected rates determined through the administrative reviews will establish the cash deposit rates on a going-forward basis and will establish assessment rates for entries during the period of review. This means that if the final administrative review rates are higher than the cash deposit rates in place at the time the goods were entered, importers of record subject to the administrative reviews would be issued an invoice for the difference on shipments made during the period of review. Conversely, if the administrative review rates are lower than the cash deposit rates in place at the time the goods were entered, importers of record would be issued a refund.
If no administrative review request is made for a company, the company's shipments that were entered during the period of review will be automatically liquidated at the cash deposit rate that was in effect at the time the entry was made. While this provides certainty to a company as to the amount of duties that will ultimately be owed, it also means that the company could not benefit from any legal victory (i.e. under NAFTA Chapter 19/CUSMA Chapter 10, or before the U.S. Court of International Trade) with respect to those entries, as duties would already have been disbursed to the U.S. Treasury. Furthermore, in the previous softwood lumber dispute, duties from entries that had been liquidated were not available as part of the settlement in the 2006 Softwood Lumber Agreement.
If my company is selected as a mandatory or voluntary respondent, can my company represent itself in an administrative review? Should my company retain legal counsel?
Retaining legal counsel is not legally required. However, due to the complexities of these reviews, as well as their associated costs and risks, the Government of Canada strongly recommends that companies that are individually examined retain U.S. counsel who specialize in U.S. trade law.
How long will an administrative review take?
In general, administrative reviews tend to take about a year and a half to complete. The deadline for the issuance of preliminary results is 245 days after the last day of the anniversary month of the duty order. However, this can be extended to 365 days at the U.S. Department of Commerce's discretion. The deadline for the final results is generally 120 days after the preliminary results, but this deadline can be extended to 180 days, again at the U.S. Department of Commerce's discretion. If the U.S. Department of Commerce does not extend the time for issuing preliminary results, it may extend the time for issuing final results from 120 days to 300 days. On occasion, the U.S. Department of Commerce has, at its discretion, further extended its deadlines to issue the preliminary and/or final results.
How will the current administrative review results impact subsequent administrative review results?
The U.S. Department of Commerce treats each administrative review as its own proceeding. However, the U.S. Department of Commerce typically resolves issues by reaching the same conclusion in subsequent administrative reviews, unless new facts or arguments are presented that justify a change in course. Thus, the current and previous administrative review results are likely to be used as guidance for how the U.S. Department of Commerce will proceed in future administrative reviews.
What is the role of the municipal, federal, provincial, and territorial governments in administrative reviews?
As part of the administrative review of the countervailing duty order, the U.S. Department of Commerce will investigate municipal, provincial, territorial, and federal assistance programs which U.S. industry alleges have benefited Canadian companies. For non-recurring programs, such as grants, the Government of Canada, as well as each implicated province and territory involved in the administrative review, will be required to respond to a questionnaire regarding assistance provided over a 10-year period to respondents selected by the U.S. Department of Commerce. In the case of recurring programs, such as stumpage, the Canadian and provincial governments, as well as selected respondents, will be required to provide information for the period of review.
Will interest be included in any potential refund that companies could receive resulting from the final rates from an administrative review?
Yes. For shipments entered after the date on which the countervailing duty and anti-dumping duty orders were published (January 3, 2018), any refunds due at liquidation will include interest. Likewise, any invoices that may be due following the final rates from an administrative review would also include interest. Over- or under-payments on cash deposits prior to the date on which the orders were published are not subject to interest.
The applicable interest rate is set by U.S. statute and is derived from the U.S. federal short-term rate. Interest is calculated from the date of deposit through to the date of liquidation.
Will there be a return of the bonds related to particular entries following the final results of an administrative review?
The purpose of these bonds is to secure payment of potential additional amounts due in the event that the company does not pay what it owes. Bonds relating to particular entries would not typically be cancelled until liquidation of those entries. In the event of legal challenges contesting the final results of an administrative review, liquidation may be suspended until the conclusion of legal proceedings.
There is some unpredictability in what U.S. Customs and Border Protection will require from individual companies in terms of continuous bonds. The best way for individual companies to get specific information is to contact their customs brokers.
First administrative reviews
What companies did the U.S. Department of Commerce select as respondents for the first administrative reviews?
For the first administrative reviews of both the anti-dumping and countervailing duty orders, the U.S. Department of Commerce selected Canfor, Resolute and West Fraser as mandatory respondents. For the first administrative review of the countervailing duty order, the U.S. Department of Commerce also selected J.D. Irving, Ltd. as a voluntary respondent.
Will companies subject to the first administrative reviews receive refunds or invoices?
In 2017-2018, the period of review of the first administrative reviews, most companies were subject to the "all others" combined rate of 20.23% from the initial investigation. The “all-others” 8.99% rate from the first administrative reviews only came into effect in December 2020. This means that, overall, most companies subject to the combined rate of the first administrative reviews of 8.99% are entitled to a net refund rather than a net invoice for the difference paid in cash deposits.
However, the final results of the first administrative reviews were challenged and an interested party requested suspension of liquidation as part of those challenges. Consequently, the United States would not be expected to issue any refunds until the legal challenges to the first administrative review results conclude. Please see the “What is the status of CUSMA Chapter 10 challenges of the final results of the first administrative review?” section below for additional information.
When did the final first administrative review duty rates take effect?
The anti-dumping and countervailing duty rates from the first administrative reviews took effect upon publication of the final results of the first administrative reviews in the U.S. Federal Register.
The final results of the first administrative reviews of the anti-dumping and countervailing duty order were respectively published on November 30, 2020, and on December 1, 2020.
For how long were the first administrative review duty rates in effect?
For companies included in the second administrative reviews, the cash deposit rates from the final results of the first administrative reviews were in effect for approximately one year from their date of publication in the U.S. Federal Register. The first administrative review cash deposit rates were then superseded by the final results of the second administrative reviews, which took effect on December 2, 2021.
For companies included in the first administrative reviews, but not subsequent administrative reviews, the final rates from the first administrative reviews will continue to apply until these companies are included in a future administrative review, at which point the rates will be superseded by the results of that particular administrative review.
How will the liquidation of cash deposits affect my company?
On March 19, 2020, the U.S. Department of Commerce announced it would proceed with the automatic liquidation of anti-dumping duty cash deposits collected on certain softwood lumber products from Canada that entered the United States during the period of review, from June 30, 2017 to December 31, 2018 for companies that did not participate in the first administrative review. On March 23, 2020, Commerce issued similar instructions stating that it would proceed with the automatic liquidation of countervailing duty cash deposits collected on certain softwood lumber products from Canada that entered the United States during the period of review, from April 28, 2017 to December 31, 2018 for companies that did not participate in the first administrative review. Therefore, companies that were not subject to either the anti-dumping or countervailing first administrative reviews should have had their entries liquidated (i.e. disbursed to the U.S. Treasury), at the cash deposit rate that was in effect at the time the entry was made.
Companies that were subject to the anti-dumping or countervailing first administrative reviews and for which a request for suspension of liquidation was made in the context of legal challenges will be exempted from the automatic liquidation of cash deposits for entries during the period of review, at least until the conclusion of legal challenges under CUSMA Chapter 10 to the results of the reviews.
Given that the legal challenge to the final results of the first administrative review of the U.S. anti-dumping duty order has concluded, the U.S. Department of Commerce may instruct U.S. Customs and Border Protection to liquidate the entries suspended in that challenge at any time. However, companies whose entries are also suspended pending the conclusion of the challenge to the final results of the first administrative review of the countervailing duty order, will not have their entries liquidated until that challenge also concludes. Companies whose entries are not suspended pending the challenge to the countervailing duty order should expect to receive either invoices or refunds for their entries during the first administrative review period of review following the issuance of liquidation instructions by the U.S. Department of Commerce.
What is the status of the CUSMA Chapter 10 challenges of the final results of the first administrative reviews?
On September 17, 2025, the CUSMA Chapter 10 panel adjudicating the legal challenge to the first administrative review of the U.S. anti-dumping duty order on Canadian softwood lumber granted the motion filed by Canada and U.S. Parties to withdraw the claims being pursued in this case. On November 19, 2025, the challenge formally concluded upon publication of the Notice of Completion of Panel Review in the U.S. Federal Register.
The challenge to the final results of the first administrative review of the countervailing duty order remains ongoing.
Under standard practice, U.S. Customs and Border Protection will not liquidate entries until both the anti-dumping and countervailing duty rates are finalized. Accordingly, companies with entries suspended through the challenges to both the first administrative review of the anti-dumping and of the countervailing duty order should not expect liquidation of those entries until the challenge to first administrative review of the countervailing duty order also concludes. Companies who only had entries suspended through the challenge to the first administrative review of the anti-dumping duty order can expect to have their entries liquidated.
Second administrative reviews
What companies did the U.S. Department of Commerce select as respondents for the second administrative reviews?
In the second administrative review of the countervailing duty order, the U.S. Department of Commerce selected Canfor, Resolute and West Fraser as mandatory respondents, and J.D. Irving, Ltd. as a voluntary respondent. In the second administrative review of the anti-dumping duty order, Commerce selected Canfor and West Fraser as mandatory respondents.
Will companies subject to the second administrative reviews receive refunds or invoices?
In 2019, the period of review of the second administrative reviews, most companies were subject to the "all others" combined rate of 20.23% from the initial investigation. The “all-others” 8.99% rate from the first administrative reviews only came into effect in December 2020. This means that, overall, most companies subject to the combined rate of the second administrative reviews of 17.91% are entitled to a net refund rather than a net invoice for the difference paid in cash deposits.
However, the final results of the second administrative reviews were challenged and certain interested parties requested suspension of liquidation as part of those challenges. Consequently, the United States would not be expected to issue any refunds until the legal challenges to the second administrative review results conclude. Please see the “What is the status of CUSMA Chapter 10 challenges of the final results of the second administrative review?” section below for additional information.
When did the final second administrative review duty rates take effect?
The anti-dumping and countervailing duty rates from the second administrative reviews took effect upon publication of the final results of the second administrative reviews in the U.S. Federal Register on December 2, 2021.
For how long were the second administrative review duty rates in effect?
For companies subject to the third administrative reviews, the cash deposit rates from the final results of the second administrative reviews were in effect for approximately 8 months, until they were superseded by the final results of the third administrative reviews, which took effect on August 9, 2022.
For companies subject to the second administrative reviews, but not subsequent administrative reviews, the final rates from the second administrative reviews will continue to apply until these companies are subject to a future administrative review, at which point the rates will be superseded by the results of that particular administrative review.
How will the liquidation of cash deposits affect my company?
On April 20, 2020, the U.S. Department of Commerce announced it would proceed with the automatic liquidation of countervailing duty cash deposits collected on certain softwood lumber products from Canada that entered the United States during the period of review, from January 1, 2019 to December 31, 2019 for companies that did not participate in the second administrative review. On May 19, 2020, Commerce issued similar instructions stating that it would proceed with the automatic liquidation of anti-dumping duty cash deposits from the same period for companies that did not participate in the second administrative review. Therefore, companies that were not subject to either the anti-dumping or countervailing second administrative reviews should have had their entries liquidated (i.e. disbursed to the U.S. Treasury), at the cash deposit rate that was in effect at the time the entry was made.
Companies that were subject to the anti-dumping or countervailing second administrative reviews and for which a request for suspension of liquidation was made in the context of legal challenges will be exempted from the automatic liquidation of cash deposits for entries during the period of review, at least until the conclusion of legal challenges under CUSMA Chapter 10 to the results of the reviews.
Following the withdrawal of the legal challenge to the final results of the second administrative review of the U.S. anti-dumping duty order on Canadian softwood lumber, the U.S. Department of Commerce may instruct U.S. Customs and Border Protection to liquidate the entries suspended in that challenge at any time. However, companies whose entries are also suspended pending the conclusion of the challenge to the final results of the second administrative review of the countervailing duty order, will not have their entries liquidated until that challenge is also concludes. Companies whose entries are not suspended pending the challenge to the countervailing duty order should expect to receive either invoices or refunds for their entries during the second administrative review period of review following the issuance of liquidation instructions by the U.S. Department of Commerce.
What is the status of CUSMA Chapter 10 challenges of the final results of the second administrative review?
On September 10, 2025, the CUSMA Chapter 10 panel adjudicating the legal challenge to the second administrative review of the U.S. anti-dumping duty order on Canadian softwood lumber granted the motion filed by Canada and U.S. Parties to withdraw the claims being pursued in this case. On November 19, 2025, the challenges were formally concluded upon publication of the Notices of Completion of Panel Review in the U.S. Federal Register.
The challenge to the final results of the second administrative review of the countervailing duty order is ongoing.
Under standard practice, U.S. Customs and Border Protection will not liquidate entries until both the anti-dumping and countervailing duty rates are finalized. Accordingly, companies with entries suspended through the challenges to both the second administrative review of the anti-dumping and of the countervailing duty order should not expect liquidation of those entries until the challenge to the second administrative of the countervailing duty order also concludes. Companies who only had entries suspended though the challenge to the first administrative review of the anti-dumping duty order can expect to have their entries liquidated.
Third administrative reviews
What companies did the U.S. Department of Commerce select as respondents for the third administrative reviews?
In the third administrative review of the countervailing duty order, the U.S. Department of Commerce selected Canfor, Resolute and West Fraser as mandatory respondents, and J.D. Irving, Ltd. as a voluntary respondent.
In the third administrative review of the anti-dumping duty order, Commerce selected Canfor and West Fraser as mandatory respondents.
Will companies subject to the third administrative reviews receive refunds or invoices?
In 2020, the period of review of the third administrative reviews, most companies were subject to the "all others" combined cash deposit rate of 20.23% from the initial investigation until the 8.99% "non-selected" rate from the first administrative reviews came into effect in December 2020. This means that, overall, most companies subject to the third administrative review’s combined "non-selected" rate of 8.59% are entitled to a net refund rather than a net invoice for the difference paid in cash deposits.
However, the final results of the third administrative reviews were challenged and certain interested parties requested suspension of liquidation as part of those challenges. Consequently, the United States would not be expected to issue any refunds until the legal challenges to the third administrative review results conclude.
When did the final third administrative review duty rates take effect?
The anti-dumping and countervailing duty rates from the third administrative reviews took effect upon publication of the final results of the third administrative reviews in the U.S. Federal Register on August 9, 2022.
For how long were the third administrative review duty rates in effect?
For companies subject to the fourth administrative reviews, the cash deposit rates from the final results of the third administrative reviews were in effect for approximately one year, until they were superseded by the final results of the fourth administrative reviews, which took effect on August 1st, 2023.
For companies subject to the third administrative reviews, but not subsequent administrative reviews, the final rates from the third administrative reviews will continue to apply until these companies are included in a future administrative review, at which point the rates will be superseded by the results of that particular administrative review.
How will the liquidation of cash deposits affect my company?
On April 8, 2021, the U.S. Department of Commerce announced it would proceed with the automatic liquidation of countervailing duty cash deposits collected on certain softwood lumber products from Canada that entered the United States during the period of review, from January 1, 2020 to December 31, 2020 for companies that did not participate in the third administrative review. Similarly, on April 16, 2021, the U.S. Department of Commerce issued instructions to automatically liquidate anti-dumping duty cash deposits collected on certain softwood lumber products from Canada that entered the United States during the period of review, from January 1, 2020 to December 31, 2020 for companies that did not participate in the third administrative review. Therefore, companies that were not subject to either the anti-dumping or countervailing third administrative reviews should have had their entries liquidated (i.e. duties disbursed to the U.S. Treasury), at the cash deposit rate that was in effect at the time the entry was made.
Companies that were subject to the anti-dumping or countervailing third administrative reviews and for which a request for suspension of liquidation was made in the context of legal challenges will be exempted from the automatic liquidation of cash deposits for entries during the period of review, at least until the conclusion of legal challenges under CUSMA Chapter 10 to the results of the reviews.
Fourth administrative reviews
What companies did the U.S. Department of Commerce select as respondents for the fourth administrative reviews?
The U.S. Department of Commerce selected Canfor and West Fraser as mandatory respondents for the fourth administrative reviews of both the anti-dumping and countervailing duty orders.
The U.S. Department of Commerce selected J.D. Irving, Ltd. as a voluntary respondent for the fourth administrative review of the countervailing duty order.
Will companies subject to the fourth administrative reviews receive refunds or invoices?
In 2021, the period of review of the fourth administrative reviews, most companies were subject to the "non-selected" combined cash deposit rate of 8.99% from the first administrative review until the 17.91% "non-selected" rate from the second administrative reviews came into effect in December 2021. This means that, overall, most companies subject to the fourth administrative review’s (amended) combined "non-selected" rate of 8.05% are entitled to a net refund, rather than a net invoice, for the difference paid in cash deposits.
However, the final results of the fourth administrative reviews were challenged and certain interested parties requested suspension of liquidation as part of those challenges. Consequently, the United States would not be expected to issue any refunds until the legal challenges to the fourth administrative review results conclude.
When did the final fourth administrative review duty rates take effect?
The anti-dumping and countervailing duty rates from the fourth administrative reviews took effect upon publication of the final results of the fourth administrative reviews in the U.S. Federal Register on August 1st, 2023. On August 31, 2023, the U.S. Department of Commerce amended the fourth administrative review anti-dumping duty rates due to ministerial errors.
For how long were the fourth administrative review duty rates in effect?
For companies subject to the fifth administrative reviews, the cash deposit rates from the final results of the fourth administrative reviews were in effect for approximately one year, until they were superseded by the final results of the fifth administrative reviews which took effect on August 19, 2024.
For companies subject to the fourth administrative reviews, but subsequent administrative reviews, the final rates from the fourth administrative reviews will continue to apply until these companies are included in a future administrative review, at which point the rates will be superseded by the results of that particular administrative review.
How will the liquidation of cash deposits affect my company?
On April 20, 2022, the U.S. Department of Commerce announced it would proceed with the automatic liquidation of countervailing duty cash deposits collected on certain softwood lumber products from Canada that entered the United States during the period of review, from January 1, 2021 to December 31, 2021 for companies that did not participate in the fourth administrative review. Similarly, on April 26, 2022, the U.S. Department of Commerce issued instructions to automatically liquidate anti-dumping duty cash deposits collected on certain softwood lumber products from Canada that entered the United States during the period of review, from January 1, 2021 to December 31, 2021 for companies that did not participate in the fourth administrative review. Therefore, companies that were not subject to either the anti-dumping or countervailing fourth administrative reviews should have had their entries liquidated (i.e. duties disbursed to the U.S. Treasury), at the cash deposit rate that was in effect at the time the entry was made.
Companies that were subject to the anti-dumping or countervailing fourth administrative reviews and for which a request for suspension of liquidation was made in the context of legal challenges will be exempted from the automatic liquidation of cash deposits for entries during the period of review, at least until the conclusion of legal challenges to the results of the reviews.
Fifth administrative reviews
What companies did the U.S. Department of Commerce select as respondents for the fifth administrative reviews?
The U.S. Department of Commerce selected Canfor and West Fraser as mandatory respondents for the fifth administrative reviews of both the anti-dumping and countervailing duty orders.
The U.S. Department of Commerce selected Tolko and J.D. Irving Ltd. as voluntary respondents for the fifth administrative review of the countervailing duty order.
If companies were not subject to the fifth administrative reviews, are they subject to the new duty rates going forward, or do they keep the old rates?
The companies that were not subject to the fifth administrative reviews will not be subject to the fifth administrative review combined rate of 14.40%, but will continue to be subject to the most recent duty rates applicable to them.
Will companies subject to the fifth administrative reviews receive refunds or invoices?
In 2022, the period of review of the fifth administrative reviews, most companies were subject to the "non-selected" combined cash deposit rate of 17.91% from the second administrative review until the 8.59% "non-selected" rate from the third administrative reviews came into effect in August 2022. Companies subject to the fifth administrative review combined "non-selected" rate of 14.40% may receive either a net invoice or a net refund depending on their individual circumstances.
However, the final results of the fifth administrative reviews were challenged and certain interested parties requested suspension of liquidation as part of those challenges. Consequently, the United States would not be expected to issue any refunds until the legal challenges to the fifth administrative review results conclude.
When did the final fifth administrative review duty rates take effect?
The anti-dumping and countervailing duty rates from the fifth administrative reviews took effect upon publication of the final results of the fifth administrative reviews in the U.S. Federal Register on August 19, 2024. On September 24, 2024, the U.S. Department of Commerce amended the fifth administrative review anti-dumping duty rates due to ministerial errors.
For how long were the fifth administrative review duty rates in effect?
For companies subject to the sixth administrative review of the anti-dumping duty order, the cash deposit rates from the final results of the fifth administrative review of the anti-dumping duty order were in effect until the final results from the sixth administrative review took effect on July 29, 2025.
For companies subject to the sixth administrative review of the countervailing duty order, the cash deposit rates from the final results of the fifth administrative review of the countervailing duty order were in effect until the final results from the sixth administrative review took effect on August 12, 2025.
For companies subject to the fifth administrative reviews, but not the sixth administrative reviews, the final rates from the fifth administrative reviews will continue to apply until these companies are included in a future administrative review, at which point the rates will be superseded by the results of that particular administrative review.
How will the liquidation of cash deposits affect my company?
On April 25, 2023, the U.S. Department of Commerce announced it would proceed with the automatic liquidation of anti-dumping duty cash deposits collected on certain softwood lumber products from Canada that entered the United States during the period of review, from January 1, 2022 to December 31, 2022 for companies that did not participate in the fifth administrative review. Similarly, on April 26, 2023, the U.S. Department of Commerce issued instructions to automatically liquidate countervailing duty cash deposits collected on certain softwood lumber products from Canada that entered the United States during the period of review, from January 1, 2022 to December 31, 2022 for companies that did not participate in the fifth administrative review. Therefore, companies that were not subject to either the anti-dumping or countervailing fifth administrative reviews should have had their entries liquidated (i.e. duties disbursed to the U.S. Treasury), at the cash deposit rate that was in effect at the time the entry was made.
Companies that were subject to the anti-dumping or countervailing fifth administrative reviews and for which a request for suspension of liquidation was made in the context of legal challenges will be exempted from the automatic liquidation of cash deposits for entries during the period of review, at least until the conclusion of legal challenges under CUSMA Chapter 10 to the results of the reviews.
Sixth administrative reviews
What companies did the U.S. Department of Commerce select as respondents for the sixth administrative reviews?
The U.S. Department of Commerce selected Canfor and West Fraser as mandatory respondents for the sixth administrative reviews of the softwood lumber anti-dumping and countervailing duty orders.
If companies were not subject to the sixth administrative reviews, are they subject to the new duty rates going forward, or do they keep the old rates?
The companies that were not covered by the sixth administrative reviews will not receive the sixth administrative review combined rate of 35.16% but will continue to be subject to the most recent duty rates applicable to them.
Will companies covered by the sixth administrative reviews receive refunds or invoices?
During 2023, the period of review of the sixth administrative reviews, most companies were subject to the "non-selected" combined cash deposit rate of 8.59% from the third administrative review until the 8.05% "non-selected" rate from the fourth administrative reviews came into effect in August 2023. Since the 35.16% combined final duty rate from the sixth administrative reviews will replace those rates, companies subject to the sixth administrative reviews can generally expect a net invoice.
However, since the final results of the sixth administrative reviews were challenged and certain interested parties requested suspension of liquidation as part of those challenges. Consequently, the United States would not be expected to issue any refunds until the legal challenges to the sixth administrative review results conclude.
When did the final sixth administrative review duty rates take effect?
The U.S. Department of Commerce issued the final results of the sixth administrative review of the anti-dumping duty order on July 25, 2025. The new duty rates took effect when Commerce published the results in the U.S. Federal Register on July 29, 2025.
The U.S. Department of Commerce issued the final results of the sixth administrative review of the countervailing duty order on August 8, 2025. The new duty rates took effect when Commerce published the results in the U.S. Federal Register on August 12, 2025.
For how long will the sixth administrative review rates be in effect?
For companies covered by the seventh administrative reviews, the cash deposit rates from the final results of the sixth administrative reviews will be in effect until the final results from the seventh administrative reviews are issued, likely in October 2026.
For companies covered by the sixth administrative reviews, but not the seventh administrative reviews, the final rates from the sixth administrative reviews will continue to apply until these companies are included in a future administrative review, at which point the rates will be superseded by the results of that particular administrative review.
How will the liquidation of cash deposits affect my company?
On April 11, 2024, the U.S. Department of Commerce announced it would proceed with the automatic liquidation of anti-dumping duty cash deposits collected on certain softwood lumber products from Canada that entered the United States during the period of review, from January 1, 2023 to December 31, 2023 for companies that did not participate in the sixth administrative review. On April 16, 2024, Commerce issued similar instructions stating that it would proceed with the automatic liquidation of countervailing duty cash deposits from the same period for companies that did not participate in the sixth administrative review. Therefore, companies that were not subject to either the anti-dumping or countervailing sixth administrative reviews should have had their entries liquidated (i.e. disbursed to the U.S. Treasury), at the cash deposit rate that was in effect at the time the entry was made.
Companies that are subject to the anti-dumping or countervailing sixth administrative reviews will have their entries suspended until after the issuance of the final results of the reviews. Legal challenges to the final results of the sixth administrative reviews will offer companies an opportunity to request continued suspension of liquidation of cash deposits for entries during the period of review, at least until the conclusion of those legal challenges.
Seventh administrative reviews
What companies did the U.S. Department of Commerce select as respondents for the seventh administrative reviews?
In the seventh administrative review of the anti-dumping duty order, the U.S. Department of Commerce selected Canfor, Resolute and West Fraser as mandatory respondents. In the seventh administrative review of the countervailing duty order, Commerce selected Resolute and West Fraser as mandatory respondents.
The U.S. Department of Commerce has opted not to select any voluntary respondent(s) in the seventh administrative reviews.
What was the deadline to request to participate in the seventh administrative reviews?
The deadline for companies to request to participate in the seventh administrative reviews was January 31, 2025.
Can companies choose to withdraw from the administrative review process after they have made a request to participate?
Yes, with conditions. The U.S. Department of Commerce may allow the withdrawal of a company from an administrative review process, but only if all parties that requested a review for that company withdraw their request for review.
If the petitioner (i.e. the Coalition) has requested the review of a company, the petitioner would need to withdraw their request in order for a company not to be included in the administrative review process.
A withdrawal request must be submitted within 90 days of the publication of the U.S. Department of Commerce's Notice of Initiation. The Notice of Initiation was published on February 21, 2025. Companies wishing to withdraw their administrative review requests must have done so before May 22, 2025.
When are preliminary and final results expected?
The preliminary results are expected by April 2026, and final results by October 2026.
How will the liquidation of cash deposits affect my company?
On April 4, 2025, the U.S. Department of Commerce announced it would proceed with the automatic liquidation of countervailing duty cash deposits collected on certain softwood lumber products from Canada that entered the United States during the period of review, from January 1, 2024 to December 31, 2024 for companies that did not participate in the seventh administrative review.
On April 7, 2025, Commerce issued similar instructions stating that it would proceed with the automatic liquidation of anti-dumping duty cash deposits from the same period for companies that did not participate in the seventh administrative review. Therefore, companies that were not subject to either the anti-dumping or countervailing seventh administrative reviews should have had their entries liquidated (i.e. disbursed to the U.S. Treasury), at the cash deposit rate that was in effect at the time the entry was made.
Companies that are subject to the anti-dumping or countervailing seventh administrative reviews will have their entries suspended until after the issuance of the final results of the reviews. If the final results of the seventh administrative reviews are challenged, companies for which a request for suspension of liquidation is made in the context of those legal challenges will be exempted from the automatic liquidation of cash deposits for entries during the period of review, at least until the conclusion of legal challenges.
Eighth administrative reviews
What is the deadline to request to participate in the eighth administrative reviews?
The deadline for companies to request to participate in the eighth administrative reviews is February 2, 2026 at 5:00 pm ET.
The U.S. Department of Commerce is the investigating authority responsible for conducting administrative reviews of the softwood lumber anti-dumping and countervailing duty orders. Specific procedural questions should be directed to the U.S. Department of Commerce.
How do I submit a request to be included in the eighth administrative review?
If you wish to submit a request for your company to be included in either, or both, of the eighth administrative reviews of the anti-dumping and countervailing duty orders, please download the following instructions and templates:
When are preliminary and final results of the eighth administrative reviews expected?
The preliminary results are expected between October 2026 and late January 2027, and final results sometime between February and August 2027.
Suspension of duty liquidation
What is suspension of liquidation?
Estimated countervailing and anti-dumping duty payments are typically on deposit until the final duty assessment rates for a given period of review are established retroactively by the U.S. Department of Commerce in an administrative review. When the U.S. Department of Commerce's final results for an administrative review are issued, the final duties are assessed and then liquidated (i.e. disbursed to U.S. Treasury). Companies receive either a refund or invoice for additional duties owed if the final duty assessment is lower or higher than the cash deposit rate.
However, if the final results of an administrative review are challenged, for instance through a NAFTA/CUSMA dispute settlement panel or the U.S. courts, the liquidation of entries may be suspended upon request of a party until that legal challenge is resolved.
In the first administrative reviews, the countervailing and anti-dumping duty final results were challenged under Chapter 10 of CUSMA on December 10 and 20, 2020, respectively.
On February 4 and 26, 2021, the U.S. Department of Commerce issued customs instructions continuing the suspension of liquidation for the first administrative reviews, pending the completion of the ongoing CUSMA binational panel reviews.
On September 17, 2025, the CUSMA Chapter 10 panel ruling on the legal challenge to the first administrative review of the U.S. anti-dumping duty order on Canadian softwood lumber granted the motion filed by Canada and U.S. Parties to withdraw the claims being pursued in this case. On November 19, 2025, the challenge formally concluded upon publication of the Notice of Completion of Panel Review in the U.S. Federal Register.
The challenge to the final results of the first administrative review of the countervailing duty order is ongoing.
Under standard practice, U.S. Customs and Border Protection will not liquidate entries until both the anti-dumping and countervailing duty rates are finalized. Accordingly, companies with entries suspended through the challenges to both the first administrative review of the anti-dumping and of the countervailing duty order should not expect liquidation of those entries until the challenge to first administrative review of the countervailing duty order also concludes. Companies who only had entries suspended through the challenge to the first administrative review of the anti-dumping duty order can expect to have their entries liquidated.
In the second administrative reviews, both the countervailing and anti-dumping duty final results were challenged under Chapter 10 of CUSMA on December 28, 2021.
On February 28 (corrected on March 2) and March 16, 2022, the U.S. Department of Commerce issued customs instructions continuing the suspension of liquidation for the second administrative reviews, pending the completion of the ongoing CUSMA binational panel reviews.
On September 10, 2025, the CUSMA Chapter 10 panel ruling on the legal challenge to the second administrative review of the U.S. anti-dumping duty order on Canadian softwood lumber granted the motion filed by Canada and U.S. Parties to withdraw the claims being pursued in this case. On November 19, 2025, the challenge formally concluded upon publication of the Notice of Completion of Panel Review in the U.S. Federal Register.
The challenge to the final results of the second administrative review of the countervailing duty order is ongoing.
Under standard practice, U.S. Customs and Border Protection will not liquidate entries until both the anti-dumping and countervailing duty rates are finalized. Accordingly, companies with entries suspended in the challenges to both the second administrative review of the anti-dumping and the countervailing duty order should not expect liquidation of those entries until the challenge to the second administrative of the countervailing duty order has been concluded. Those companies who only had entries suspended in the challenge to the second administrative review of the anti-dumping duty order can expect to have their entries liquidated.
In the third administrative reviews, both the anti-dumping and countervailing duty final results were challenged under Chapter 10 of CUSMA on September 8, 2022.
On September 28, 2022, and October 3, 2022, the U.S. Department of Commerce issued customs instructions continuing the suspension of liquidation for the third administrative reviews, pending the completion of the ongoing CUSMA binational panel reviews.
In the fourth administrative reviews, the countervailing duty final results were challenged under Chapter 10 of CUSMA on August 31, 2023 and the anti-dumping duty final results were challenged before the U.S. Court of International Trade on September 6, 2023.
On October 31, 2023, November 21, 2023, and December 18, 2023, the U.S. Department of Commerce issued customs instructions continuing the suspension of liquidation for the fourth administrative reviews, pending the completion of the ongoing CUSMA binational panel review and the U.S. Court of International Trade decision.
In the fifth administrative reviews, both the anti-dumping and countervailing final results were challenged under Chapter 10 of CUSMA on September 18, 2024.
On February 10, 2025, and February 11, 2025, the U.S. Department of Commerce issued customs instructions continuing the suspension of liquidation for the fifth administrative reviews, pending the completion of the ongoing CUSMA binational panel reviews.
In the sixth administrative reviews, the anti-dumping final results were challenged under Chapter 10 of CUSMA on August 28, 2025 and the countervailing duty final results were challenged under Chapter 10 of CUSMA on September 11, 2025.
Why would a company seek, or not, to suspend the liquidation of collected duties?
When administrative review results are challenged, companies need to make a business decision about whether they prefer to have entries liquidated at the final administrative review rates or to have the liquidation of their entries suspended until the end of any appeals proceedings.
There are pros and cons relating to each choice. For instance, if final rates are lower than the cash deposit rates, having entries liquidated could provide quicker access to a partial refund of duty deposits. Liquidation of entries also results in the release of customs bonds related to the shipments in question. However, companies could be foregoing a potentially larger refund if Canada is successful in its litigation or as a result of a negotiated agreement.
Companies should also be aware that other parties to this dispute, such as U.S. industry groups like the petitioner, could potentially request that duty liquidation be suspended for some or all Canadian companies. This request could supersede a decision by a Canadian company to have their entries liquidated.
Sunset review
What is a sunset review?
The U.S. Department of Commerce and the U.S. International Trade Commission must conduct sunset reviews no later than five years after an anti-dumping or countervailing duty order is issued. The U.S. Department of Commerce review determines whether revoking the orders would be likely to lead to a continuation or recurrence of dumping or subsidies. The U.S. International Trade Commission review determines whether revoking the orders would be likely to lead to a continuation or recurrence of material injury to the U.S. industry. If both review determinations are affirmative, the orders will remain in place. If either of their determinations is negative, the orders will be revoked.
When were the sunset reviews initiated?
The U.S. Department of Commerce and the U.S. International Trade Commission initiated the softwood lumber sunset reviews on December 1, 2022.
What are the final results?
The U.S. Department of Commerce published the results of its reviews of the anti-dumping and countervailing duty orders in early April 2023, finding that revocation of the orders would be likely to lead to continuation or recurrence of dumping and subsidization.
On December 28, 2023, the U.S. International Trade Commission published its final sunset review determination in the U.S. Federal Register. It determined that the revocation of the anti-dumping and countervailing orders on softwood lumber products from Canada would be likely to lead to continuation or recurrence of material injury to the U.S. industry within a reasonably foreseeable time. In practical terms, this means that the United States will maintain the duty orders on Canadian softwood lumber products. The Government of Canada, in collaboration with stakeholders, launched a challenge of these results under Chapter 10 of CUSMA on January 29, 2024.
How will my company be affected by the sunset reviews?
Since both the U.S. International Trade Commission and the U.S. Department of Commerce determinations are affirmative, the U.S. anti-dumping and countervailing duty orders will remain in place. As a result, U.S. anti-dumping and countervailing duties will continue to be applied to certain softwood lumber products from Canada. These results do not impact the duty rates applied to Canadian softwood lumber products.
U.S. trade remedy proceedings
What is the U.S. trade remedies process?
The U.S. trade remedies process is the process by which U.S. companies seek protection from foreign imports that are allegedly subsidized or dumped and that are allegedly causing injury to the U.S. domestic industry.
This process is primarily administered by the U.S. Department of Commerce and U.S. International Trade Commission. Key milestones in the process of the initial investigation include:
U.S. Industry Petition
- The trade remedies process begins with the U.S. industry simultaneously filing petitions with the U.S. Department of Commerce and the U.S. International Trade Commission containing allegations that companies have been selling unfairly dumped and/or subsidized products into the United States in a manner that causes injury or threatens to cause injury to the U.S. industry.
U.S. International Trade Commission - Preliminary Investigations
- After the petition is filed, the U.S. International Trade Commission begins a preliminary investigation to determine if the U.S. industry has been injured or threatened with injury by the allegedly dumped or subsidized goods.
U.S. Department of Commerce - Evaluation and Initiation
- At the same time, the U.S. Department of Commerce evaluates the petition and makes an initial decision on whether to initiate anti-dumping and/or countervailing duty investigations. If it decides to do so, the Department of Commerce then begins the investigation(s), which includes requesting detailed information from parties under investigation and conducting on-site verifications of information submitted in the context of the investigations.
U.S. International Trade Commission - Preliminary Determination
- If the U.S. International Trade Commission, as a result of its investigation, makes a preliminary determination that the U.S. industry has been injured or threatened with injury, the U.S. Department of Commerce continues its investigation(s).
U.S. Department of Commerce - Preliminary Determinations
- Part way through its investigation(s), the U.S. Department of Commerce makes a preliminary determination regarding subsidization and/or dumping. Should the U.S. Department of Commerce find countervailable subsidies and/or dumping, preliminary duties are placed on all goods covered by the investigation(s) entering the United States at that time.
U.S. Department of Commerce - Final Determination
- Following the conclusion of the U.S. Department of Commerce investigation(s), it makes a final determination of subsidization and/or dumping.
U.S. International Trade Commission - Final Determination
- The U.S. International Trade Commission then makes a final injury determination. If the U.S. International Trade Commission makes an affirmative final determination of injury or threat of injury and the U.S. Department of Commerce finds countervailable subsidies and/or dumping in its final determination, the U.S. Department of Commerce will then impose final duties on all goods covered by the investigation(s).
Administrative Reviews
- Following final determinations, the U.S. Department of Commerce will conduct annual administrative reviews, which result in new anti-dumping and countervailing rates for companies subject to the reviews.
Sunset Reviews
- The Department of Commerce and the U.S. International Trade Commission must conduct sunset reviews no later than five years after an anti-dumping or countervailing duty order is issued. Sunset reviews determine whether revoking the order would be likely to lead to the continuation or recurrence of dumping or subsidies and of material injury.
How do I access documents related to the softwood lumber investigations?
Information on the U.S. countervailing and anti-dumping duty investigations can be found on the U.S. International Trade Administration website, known as ACCESS. You must first register as a Guest User before being able to access information. Once you have signed up, you can search for documents by case number, as follows:
- Anti-dumping duty investigation: A-122-857
- Countervailing duty investigation: C-122-858
Information on the softwood lumber injury investigation can be found on the U.S. International Trade Commission's website, listed under "Softwood Lumber from Canada". In addition, registering with the U.S. International Trade Commission's Electronic Document Information System (EDIS) will allow you to gain access to the various documents filed with them in relation to the softwood lumber injury case. Once your account is set up, a simple search for "softwood" or case number "701-TA-566" will display the public documents that have been filed in relation to the injury investigation.
How do I request an ACCESS account?
Introduction:
- An ACCESS account is required for Canadian companies wishing to upload any documentation regarding the U.S. Department of Commerce’s anti-dumping or countervailing duty proceedings.
- A company only needs to register once with ACCESS. A single account allows a company to file in multiple proceedings. The registrant should use a company e-mail address. A personal e-mail address should be used only if there is no company e-mail address.
- If you are represented by U.S. counsel that has already registered with ACCESS and will be filing on your behalf, it is not necessary for you to register as well.
- There is no fee to create an ACCESS account. Canadian companies interested in the U.S. Department of Commerce proceedings should create an ACCESS account at least a week in advance of any document submission deadlines.
- Disclaimer: The Government of Canada does not take any responsibility for technical or other issues that may be encountered by Canadian companies wishing to create and use an ACCESS account. If you encounter any issues during the ACCESS account creation process, please refer to the Help section on the left-hand side of the ACCESS webpage.
Steps:
- Open your preferred web browser. Enter in the web address https://access.trade.gov, and go to the website.
- On the login page, click on "E-Filer Registration" in the left-hand column. Do not click on “Guest Registration”. A guest account does not allow you to upload documents related to U.S. Department of Commerce proceedings.
- You will come to the Terms of Use Agreement page. Read through and then click Accept. If you decline, you will not be able to create an ACCESS account.
- You will come to the E-Filer registration page. Please fill out all the information that is required.
- For country code, select Canada from the drop-down menu.
- For Firm/Organization name, please select your company. If it is not listed, select "Others", and enter your company name in the following field.
- For Username, please use a company e-mail address. A personal e-mail address should be used only if there is no company e-mail address.
- If you are only interested in the softwood lumber anti-dumping duty proceedings, enter "A-122-857 Seventh Admin Review" in the Case No. and Segment box.
- If you are only interested in the softwood lumber countervailing duty proceedings, enter "C-122-858 Seventh Admin Review" in the Case No. and Segment box.
- If you are interested in both proceedings, you only need to register once, using one or the other of the above case numbers and segment.
- Click "Submit".
- You will come to a page indicating that the U.S. Department of Commerce is reviewing your registration. Note, as indicated, the approval process can take up to 48 hours. For additional assistance, you should use the e-mail or telephone number provided on the webpage.
- You will receive an e-mail from ACCESS indicating that they have received your registration request with a summary of the information you provided.
- You will receive an e-mail confirmation from ACCESS once your account has been approved. Follow the instructions in that e-mail to login using the credentials you provided for your account creation.
- You will then have access to the ACCESS system.
How do I find the Applicable Service List?
- Log into ACCESS
- Choose the search function from the list on the left-hand side
- Enter the following fields:
- Case number:
- For the countervailing duty administrative review this is C-122-858;
- For the anti-dumping duty administrative review this is A-122-857
- Case number:
- Segment: REV-Admin Review (same for both the countervailing duty administrative review and the anti-dumping duty administrative review)
- Segment Begin Date: 01/01/2022 (same for both the countervailing duty administrative review and the anti-dumping duty Fifth administrative review)
- Segment End Date: 12/31/2022 (same for both the countervailing duty administrative review and the anti-dumping duty Fifth administrative review)
- Document Type: Public Service List (this is the applicable type for the notice of no sales filing; if filing a business proprietary submission, select APO Service List)
- Hit the search button and open the public service list with the most recent "Filed Date"
This document will contain the list of parties that you will need to include in your certificate of service attached to your submission.
What are the U.S. subsidy allegations?
The main allegation made by the U.S. industry is that provincial stumpage (i.e. the price charged to harvest timber from Crown lands) constitutes a countervailable subsidy. The U.S. industry has also alleged that certain funding programs provide countervailable subsidies to Canadian softwood lumber producers. In the past, U.S. claims have been found to be without basis. Canada believes this to once again be the case. During the last softwood lumber dispute, Canada successfully brought and won numerous challenges against the United States under the North American Free Trade Agreement (NAFTA) and the World Trade Organization (WTO) regarding U.S. duties on Canadian softwood lumber. Canada has again brought such cases in this dispute.
Can Canada appeal an unfavourable decision?
Yes. Final determinations of subsidy, dumping and injury can be reviewed by the World Trade Organization, and through the binding binational panel review process under Chapter 19 of the North American Free Trade Agreement (NAFTA), Chapter 10 of the Canada-United States-Mexico Agreement (CUSMA) or through U.S. courts. Canada is currently challenging U.S. final determinations under these mechanisms.
Which companies were selected to be investigated by the U.S. Department of Commerce in the original investigations?
For both the anti-dumping and countervailing duty investigations, the U.S. Department of Commerce selected West Fraser, Tolko, Canfor and Resolute Forest Products as mandatory respondents. These companies were individually investigated and received company-specific anti-dumping and countervailing duty rates.
In addition, J.D. Irving was selected as a voluntary respondent in the countervailing duty investigation and therefore was also individually investigated and received a company-specific countervailing duty rate.
Who is responsible for paying anti-dumping and countervailing duties imposed by the United States?
The importer of record on the shipment to the United States is responsible for paying any duties imposed by the United States. The U.S. Department of Commerce requires importers to provide cash deposits on imports of certain softwood lumber products that are equivalent to the anti-dumping and countervailing duty rates in effect at the time of entry.
In most cases, Canadian exporters of softwood lumber products are also listed as the importer of record on shipments to the United States. Consequently, these Canadian exporters are required to shoulder the cost of any U.S. duties placed on their goods.
Do all companies have to pay anti-dumping and countervailing duties, or only those companies that were specifically investigated by the U.S?
Only softwood lumber products that fall within the scope of U.S. investigations are subject to U.S. duties. The U.S. Department of Commerce selects specific Canadian producers to serve as a representative sample for investigation and administrative review purposes in both the anti-dumping and the countervailing duty cases. Each of these receives company-specific countervailing and/or anti-dumping duty rates. Companies that are not directly investigated are subject to a weighted average "all-others" rate.
Atlantic Canada
What is the status of Atlantic Canada in the dispute?
Historically, the Atlantic Provinces (i.e.: New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador) have been exempted from U.S. countervailing duty investigations because the United States agreed that their timber pricing was market-based. The Atlantic producers have in the past been subject to anti-dumping duties. In this case, however, the U.S. Department of Commerce investigated allegations that New Brunswick stumpage constituted a countervailable subsidy. It also imposed preliminary anti-dumping and countervailing duties on all exporters in the Atlantic provinces. Canada requested that the U.S. exclude the Atlantic provinces from the countervailing duty investigation.
On November 1, 2017, the U.S. Department of Commerce confirmed its final scope language, which applies to both the anti-dumping and countervailing duty investigations. The final scope language specifically excludes: "softwood lumber products certified by the Atlantic Lumber Board as being first produced in the Provinces of Newfoundland and Labrador, Nova Scotia, or Prince Edward Island from logs harvested in Newfoundland and Labrador, Nova Scotia, or Prince Edward Island."
Therefore, as of November 8, 2017 (the date of publication of the U.S. Department of Commerce's final determinations in the U.S. Federal Register), exports originating from these three provinces, and which have the required Atlantic Lumber Board certificate, are excluded from the final scope of the U.S. Department of Commerce's anti-dumping and countervailing duty investigations. Softwood lumber products originating in New Brunswick were not excluded from the application of anti-dumping and countervailing duties.
The U.S. Department of Commerce has instructed U.S. Customs and Border Protection to refund any preliminary anti-dumping and countervailing duties for entries which were accompanied by the appropriate Atlantic Lumber Board certificate.
I shipped lumber from one of the excluded provinces without an accompanying certificate from the Atlantic Lumber Board. Will I still receive a refund from U.S. Customs and Border Protection for these shipments?
No. The instructions sent by the Department of Commerce to U.S. Customs and Border Protection state that to qualify for this exclusion, an importer must provide an Atlantic Lumber Board certificate with each entry certifying that the merchandise was first produced in the Provinces of Newfoundland and Labrador, Nova Scotia, or Prince Edward Island from logs harvested in Newfoundland and Labrador, Nova Scotia, or Prince Edward Island. Additionally, the Atlantic Lumber Board certificate of origin number must be identified in the Customs Entry Summary documentation for each entry.
Scope of investigations
Are cedar shakes and shingles covered by the scope of the U.S. duty orders on certain softwood lumber products from Canada?
No. For a time, it appeared that they might be, but as described below, the issue should now be resolved for the overwhelming majority of cedar shakes and shingles.
In March 2018, U.S. Customs and Border Protection began applying softwood lumber duties to cedar shakes and shingles from Canada. This was an unprecedented decision as these products had never been captured in previous softwood lumber disputes.
The Shake and Shingle Alliance sought to overturn this decision by requesting a scope ruling from the U.S. Department of Commerce. The U.S. Department of Commerce initially determined that cedar shakes and shingles products were within the scope of the softwood lumber duty orders.
Following a challenge by the Shake and Shingle Alliance, in November 2019 the U.S. Department of Commerce was ordered by the U.S. Court of International Trade (CIT) to revisit its scope determination regarding cedar shakes and shingles. The U.S. Department of Commerce's final redetermination found that the cedar shakes and shingles at issue are not covered by the scope of its duty orders relating to certain softwood lumber products from Canada.
On April 20, 2020, the CIT let stand the U.S. Department of Commerce's final redetermination that certain Canadian cedar shake and shingle products are not within the scope of the U.S. softwood lumber duty orders. On June 26, 2020, the U.S. Department Commerce published its final redetermination in the U.S. Federal Register and issued instructions to U.S. Customs and Border Protection to cease the collection of duties and to refund previously collected duties on certain imports of Canadian cedar shakes and shingles.
On September 17, 2020, the U.S. Department of Commerce issued further instructions to U.S. Customs and Border Protection narrowing the applicability of its final redetermination on cedar shakes and shingles. The U.S. Department of Commerce clarified that its instructions to stop collection of duties and to liquidate cash deposits on Canadian exports of cedar shake and shingles applied only if the product:
- is exported by the Cedar Shake and Shingle Bureau or the individual members of the Shake and Shingle Alliance; and
- meets the following description "shakes and shingles that are rectangular products made of Western Red Cedar, Alaskan Yellow Cedar or Eastern White Cedar and are tapered lengthwise to a point with a thickness of 1/16" or less".
On December 2, 2020, the U.S. Department of Commerce issued further revised instructions, narrowing yet again the applicability of its final redetermination on cedar shakes and shingles. These instructions indicated that its ruling that certain cedar shakes and shingles exported by the Shake and Shingle Alliance are outside the scope of the duty orders applies only to companies that were members of the Shake and Shingle Alliance on June 12, 2018 (date of the filing of Shake and Shingle Alliance's scope ruling request).
On December 30, 2020, the Government of Canada filed a scope ruling request seeking to obtain a clear and definite outcome with respect to the treatment of cedar shake and shingle products from Canada, that applies to Canada as a whole.
On March 12, 2021, the U.S. Department of Commerce issued a scope ruling further to the Government of Canada's request, and found that exports of certain Canadian cedar shakes and shingles, regardless of the producer or exporter, are not covered by the scope of the U.S. duty order on softwood lumber. The description of cedar shakes and shingles found to be outside the scope of the U.S. duty orders is:
Rectangular products made of Western Red Cedar, Alaskan Yellow Cedar, or Eastern White Cedar with a nominal length ranging from 15 to 24 inches and a minimum nominal width of 3 inches, and are tapered along the length of the product, such that one end (known as the "butt end") of the product has a thickness ranging from 5/16 to 1 inch, and the other end of the product tapers to an edge with a thickness of 1/16 inch or less.
On April 28, 2021, the U.S. Department of Commerce issued instruction to U.S. Customs and Border Protection to terminate suspension of liquidation of entries of these products refunded and refund any cash deposits.
Can I get clarity on whether a specific product I manufacture is within the scope of the U.S. antidumping and countervailing duty orders?
Yes. Following the publication of the U.S. Department of Commerce final duty orders in the U.S. Federal Register, which took place on January 3, 2018, companies can formally request rulings by the U.S. Department of Commerce on whether their specific products fall within the scope of the orders (scope ruling).
Within 30 days of receipt of an application for a scope ruling, the U.S. Department of Commerce must either accept or reject the application. If the application is incomplete or otherwise unacceptable, the U.S. Department of Commerce will reject it at which point the applicant may resubmit an amended application. If the U.S. Department of Commerce accepts the application, it will initiate a scope inquiry at which point the Department has 120 days (with the potential for an extension of an additional 180 days) to issue a ruling. The U.S. Department of Commerce will issue a final ruling based on the plain language of the scope of the order if the language is dispositive. If the language is not dispositive, the Department may take into account prior determinations and the descriptions of the merchandise contained in the petition or investigation. If the scope still remains unclear, the U.S. Department of Commerce may consider a number of secondary interpretive sources, like industry usage and dictionaries. Companies typically have the opportunity to provide comments and additional information to the U.S. Department of Commerce during the course of a scope inquiry.
The Government of Canada is not able to provide advice on product-specific scope issues. Canadian exporters wishing to obtain scope rulings that are specific to their products may wish to retain U.S. counsel that specialize in trade remedy law.
What products are targeted by the investigations (i.e. are in-scope)?
On November 1, 2017, the U.S. Department of Commerce confirmed its final scope language, which applies to both the anti-dumping and countervailing duty investigations. It took effect as of the date of publication of the U.S. Department Commerce's final determination in the U.S. Federal Register (November 8, 2017). The full final scope of the U.S. investigations now reads as follows:
The merchandise covered by this investigation is softwood lumber, siding, flooring and certain other coniferous wood (softwood lumber products). The scope includes:
- Coniferous wood, sawn, or chipped lengthwise, sliced or peeled, whether or not planed, whether or not sanded, or whether or not finger-jointed, of an actual thickness exceeding six millimeters.
- Coniferous wood siding, flooring, and other coniferous wood (other than moldings and dowel rods), including strips and friezes for parquet flooring, that is continuously shaped (including, but not limited to, tongued, grooved, rebated, chamfered, V-jointed, beaded, molded, rounded) along any of its edges, ends, or faces, whether or not planed, whether or not sanded, or whether or not end-jointed.
- Coniferous drilled and notched lumber and angle cut lumber.
- Coniferous lumber stacked on edge and fastened together with nails, whether or not with plywood sheathing.
- Components or parts of semi-finished or unassembled finished products made from subject merchandise that would otherwise meet the definition of the scope above.
Finished products are not covered by the scope of this investigation. For the purposes of this scope, finished products contain, or are comprised of, subject merchandise and have undergone sufficient processing such that they can no longer be considered intermediate products, and such products can be readily differentiated from merchandise subject to this investigation at the time of importation. Such differentiation may, for example, be shown through marks of special adaptation as a particular product. The following products are illustrative of the type of merchandise that is considered "finished," for the purpose of this scope: I-joists; assembled pallets; cutting boards; assembled picture frames; garage doors.
The following items are excluded from the scope of this investigation:
- Softwood lumber products certified by the Atlantic Lumber Board as being first produced in the Provinces of Newfoundland and Labrador, Nova Scotia, or Prince Edward Island from logs harvested in Newfoundland and Labrador, Nova Scotia, or Prince Edward Island.
- U.S.-origin lumber shipped to Canada for processing and imported into the United States if the processing occurring in Canada is limited to one or more of the following: (1) kiln drying; (2) planing to create smooth-to-size board; or (3) sanding.
- Radius-cut box-spring-frame components, not exceeding 1" in actual thickness or 83" in length, ready for assembly without further processing. The radius cuts must be present on both ends of the boards and must be substantially cut so as to completely round one corner.
- Box-spring frame kits if they contain the following wooden pieces – two side rails, two end (or top) rails and varying numbers of slats. The side rails and the end rails must be radius-cut at both ends. The kits must be individually packaged and must contain the exact number of wooden components needed to make a particular box spring frame, with no further processing required. None of the components exceeds 1" in actual thickness or 83" in length.
Softwood lumber product imports are generally entered under Chapter 44 of the Harmonized Tariff Schedule of the United States ("HTSUS"). This chapter of the HTSUS covers "Wood and articles of wood." Softwood lumber products that are subject to this investigation are currently classifiable under the following ten-digit HTSUS subheadings in Chapter 44:]
4407.10.01.01; 4407.10.01.02; 4407.10.01.15; 4407.10.01.16; 4407.10.01.17; 4407.10.01.18; 4407.10.01.19; 4407.10.01.20; 4407.10.01.42; 4407.10.01.43; 4407.10.01.44; 4407.10.01.45; 4407.10.01.46; 4407.10.01.47; 4407.10.01.48; 4407.10.01.49; 4407.10.01.52; 4407.10.01.53; 4407.10.01.54; 4407.10.01.55; 4407.10.01.56; 4407.10.01.57; 4407.10.01.58; 4407.10.01.59; 4407.10.01.64; 4407.10.01.65; 4407.10.01.66; 4407.10.01.67; 4407.10.01.68; 4407.10.01.69; 4407.10.01.74; 4407.10.01.75; 4407.10.01.76; 4407.10.01.77; 4407.10.01.82; 4407.10.01.83; 4407.10.01.92; 4407.10.01.93; 4409.10.05.00; 4409.10.10.20; 4409.10.10.40; 4409.10.10.60; 4409.10.10.80; 4409.10.20.00; 4409.10.90.20; 4409.10.90.40; and 4418.99.10.00.
Subject merchandise as described above might be identified on entry documentation as stringers, square cut box-spring-frame components, fence pickets, truss components, pallet components, flooring, and door and window frame parts. Items so identified might be entered under the following ten-digit HTSUS subheadings in Chapter 44:
4415.20.40.00; 4415.20.80.00; 4418.99.90.05; 4418.99.90.20; 4418.99.90.40; 4418.99.90.95; 4421.99.70.40; and 4421.99.97.80.
Although these HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive.
For remanufacturers of softwood lumber, what value do duties apply to?
This is an important issue for Canadian remanufactures. The way duties should be calculated on remanufactured products has been an issue in prior softwood lumber investigations and the U.S. Department of Commerce has not always been consistent in its approach. In the third softwood lumber dispute (1991–1994), duties for remanufactured products were calculated based on the value of the lumber at the "first mill", rather than based on the value of the finished products. In the fourth softwood lumber dispute (2001–2006), Commerce rejected arguments that duties should be calculated based on "first mill" value. Under the 2006 Softwood Lumber Agreement, the parties agreed that any export charges would be calculated based on "first mill" value.
In its November 1, 2017 final determinations, the U.S. Department of Commerce did not direct U.S. Customs and Border Protection to collect cash deposits on merchandise subject to this investigation on the value of lumber at the "first mill". As a result, U.S. Customs and Border Protection is applying duties according to its normal practice and collecting cash deposits on merchandise subject to this investigation (including remanufactured products) on the value of the final product.
If the raw material used to produce an in-scope product originates from outside of Canada, will the product automatically be excluded from the scope of the investigations and thus exempt from duties?
Not necessarily. In its November 1, 2017 final determinations, the U.S. Department of Commerce agreed to a limited scope exclusion based on the origin of the wood. Specifically, the final scope of the U.S. investigations provides:
- U.S.-origin lumber shipped to Canada for processing and imported into the United States is excluded from the scope of the investigations if the processing occurring in Canada is limited to one or more of the following: (1) kiln drying; (2) planing to create smooth-to-size board; or (3) sanding.
Expedited review
What is an expedited review?
An expedited review is a process by which companies can obtain a company-specific countervailing duty cash deposit rate, as opposed to the final "all-others" rate in the initial U.S. Department of Commerce investigation.
The expedited review determines whether a company received countervailable subsidies by undergoing essentially the same process as completed in the initial company-specific U.S. Department of Commerce countervailing duty investigation.
What was the deadline to request an expedited review?
The deadline for companies to submit a request for an expedited review to the U.S. Department of Commerce was February 5, 2018.
What were the results of the expedited review process?
Of the eight companies that participated in the expedited review process, five companies received a de minimis countervailing duty rate, which excluded them from the application of future countervailing duties. Three received a new individual countervailing duty rate that was lower than the “all-others” rate.
What is the status of litigation related to expedited reviews?
Following the individual results obtained by Canadian companies in the expedited review proceedings, the U.S. lumber industry (Coalition) launched a legal case before the U.S. Court of International Trade (USCIT) on July 15, 2019. The case challenged the U.S. Department of Commerce's authority to conduct expedited reviews.
On August 18, 2021, the USCIT issued its decision, which sided with the U.S. lumber industry. As a result, companies that received expedited review duty rates were no longer subject to those rates and instead were assigned the 14.19% "all others" countervailing duty rate from the original investigation, unless they participated in a subsequent administrative review.
On October 18, 2021, the Government of Canada and other Canadian parties appealed the USCIT's decision before the United States Court of Appeals for the Federal Circuit (CAFC).
On April 25, 2023, the CAFC sided with Canadian parties, reversing the USCIT’s earlier finding and remanding certain issues back to the USCIT.
On November 20, 2023, the USCIT reinstated the exclusion from countervailing duties for the companies that were initially excluded following the expedited reviews. On December 1, 2023, U.S. Customs and Border Protection was directed to refund their countervailing duties on deposit, retroactive to August 28, 2021.
The outcome of the ongoing USCIT proceedings may affect the ultimate countervailing duty rates applied to the remaining affected companies. Timelines for a decision from the USCIT are unclear.
The Government of Canada will continue to defend Canadian industry as part of these proceedings, while working collaboratively with the implicated Canadian companies.
New shipper review
My company did not ship during 2015, but is doing so now and must pay duties. Can my company receive a company-specific duty rate?
- U.S. law allows new shipper reviews for companies that did not export to the United States during the period that was investigated in the original investigation. For the countervailing duty investigation, this was calendar year 2015. For the anti-dumping investigation, this was October 1, 2015 through to September 30, 2016.
- A new shipper review is essentially a mechanism for producers and exporters of softwood lumber products that fall within the scope of the U.S. investigations to obtain their own individual anti-dumping duty rate and countervailing duty rate. To request a new shipper review, the requester must have exported, or sold for export, relevant softwood lumber products to the United States.
- Note also that, to be eligible for a new shipper review, the applicant must not be affiliated with an exporter or producer that did export relevant softwood lumber products to the United States during the periods of investigation.
- Companies should be aware that there is no guarantee of receiving lower duty rates as a result of the new shipper review process than the "all-others" duty rates, and that companies could, in fact, receive higher rates. New shippers will also not be excluded from the order even if they receive a zero or de minimis rate of less than 1 percent.
- The Government of Canada strongly recommends that companies interested in requesting a new shipper review retain U.S. counsel; specifically, counsel that specializes in U.S. trade law.
When can I apply for a new shipper review?
- An exporter or producer may request a new shipper review within one year of the date on which the relevant softwood lumber products first entered the United States, or were withdrawn from warehouse for consumption, or, if the exporter or producer cannot establish the date of first entry, the date on which the exporter or producer first shipped merchandise for export to the United States.
How long does a new shipper review take?
- U.S. regulations provide that the U.S. Department of Commerce will issue preliminary results of the new shipper review within 180 days after the date on which the new shipper review was initiated, and final results of the review within 90 days after the date on which the preliminary results were issued. These deadlines may be extended to 300 days and 150 days, respectively.
What are the first steps in a new shipper review?
- If your company is a new shipper and is considering undergoing the new shipper review process, you will need to notify the Government of Canada, as well as each Province / Territory where your company had operations during calendar years 2008 to 2018. You can advise the Government of Canada of your intention to participate in this process at our dedicated softwood email address: softwood.boisdoeuvre@international.gc.ca.
- Due to the complexities of these reviews, as well as their associated costs and risks, the Government of Canada strongly recommends that companies interested in requesting a new shipper review retain U.S. counsel; specifically, counsel that specializes in U.S. trade law.
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