Canadian Exporter Contests Non-Individually Examined Dumping Rate in Softwood Lumber AD Review

Canadian exporter Tolko Industries, a non-individually examined company in the 2021 review of the antidumping duty order on Canadian softwood lumber, said its 6.2% dumping rate was not backed by substantial evidence. Filing a complaint at the Court of International Trade on Oct. 27, Tolko said that since its rate was derived from rates for the two mandatory respondents which themselves were not supported by substantial evidence, its rate is illegal (Tolko Industries v. United States, CIT # 23-00204).

In the review, Canfor Wood Products Marketing and West Fraser Mills were tapped as the two mandatory respondents. The companies were assigned 5.25% and 6.96% weighted dumping margins, respectively. Commerce set the non-examined company rate at 6.2% by weight-averaging the two margins using the respondents' ranged public sales values.

The respondents themselves took to the trade court in a separate action to contest their rates. Tolko said it concurs with that complaint, adding that since its margin "was based on the final weighted-average dumping margins calculated for the mandatory respondents, and those calculations and margins are unsupported by substantial record evidence ... Tolko’s final antidumping duty margin likewise is not supported by substantial evidence or otherwise in accordance with law."