Softwood Shakes and Shingles from Canada

In 2018, the Department of Commerce initially took the position that Shakes and Shingles would be considered within the scope of the ADCVD Orders on Softwood Lumber from Canada, (A-122-857/C-122-858), despite such products having been excluded in previous iterations of the Orders.

The Shakes and Shingles Alliance was formed to request a scope ruling from the Department of Commerce. Commerce upheld the inclusion of these products, whereapon, Mrs. Heather Jacobson of Junker & Nakachi took the matter into the Court of International Trade (CIT).

In April of 2020, SSA v United States, the CIT overturned the scope ruling with the remand to Commerce address why the governemnent had excluded shakes and shinges subject to softwood lumber cases dating back to 1982, and yet suddenly found these products to be covered under the 2018 scope ruling.

In 2020, Commerce agreed to exclude these products, but restricted the scope of the products, as well as the standing of importers who might seek refunds under the new scope decision.

After further advocacy by Ms. Jacobson, Commerce agreed to apply its scope decision against all types of shakes and shingles and for all importers.

Should you have questions about Shakes and Shingles, please contact Ms. Jacobson.

CURATED NEWS:

March, 2021: J&N obtains scope ruling providing for exclusion of all shakes and shingles for all importers.

April of 2020: Heather Jacobson of the firm wins in SSA v United States. The CIT overturned the scope ruling of Commerce, demanding that the agency explain why it had never previously considered shingles and shakes as subject to softwood lumber cases (dating back to 1982), but in a 2018 scope ruling, suddenly determined the products would be covered by the orders.

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