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Cedar Shakes and Shingles Not Covered by AD/CV Duties on Softwood Lumber, CIT Says

Cedar shakes and shingles are not covered by antidumping and countervailing duties on softwood lumber from Canada, the Court of International Trade ruled April 20 as it sustained a court-ordered rewrite of a Commerce Department scope ruling from 2018. Commerce had originally found the cedar shakes and shingles were subject to AD/CV duties (see 1810110040), but CIT had overturned that ruling in November 2019 (see 1911140048), finding the agency had failed to consider its previous scope treatment of cedar shakes and shingles under a series of previous AD/CV duty orders on softwood lumber. Commerce came back with a finding that the cedar shakes and shingles are out of scope, in part because of scope rulings under those previous AD/CV duty orders, and also because it unearthed language in the original petition for AD/CV duties that says cedar shakes and shingles were not intended to be covered by the AD/CV duty orders.

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(Shake and Shingle Alliance v. U.S., Slip Op. 20-52, CIT # 18-00228, Judge Choe-Groves)