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Import Assessment Exemption for Softwood Lumber Affirmed

The U.S. Department of Agriculture’s Agricultural Marketing Service has issued a final rule affirming that entities importing or manufacturing less than 15 million board feet of softwood lumber products per year are exempt from paying assessments under the Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order.

Under this order assessments of US$0.35 per thousand board feet are collected from importers and U.S. manufacturers and are used for projects that promote market growth for softwood lumber products used in single and multi-family dwellings as well as commercial construction. The purpose of the programme is to strengthen the position of softwood lumber in the marketplace, maintain and expand markets for softwood lumber and develop new uses for softwood lumber within the United States.

AMS regulations already exempted entities importing or manufacturing less than 15 mmbf of softwood lumber products per year from these assessments. However, in 2016 a federal court ruled that the selection of this amount as the de minimis quantity was arbitrary and capricious and remanded the matter to AMS. Following a new analysis, AMS determined that the 15 mmbf level is reasonable and appropriate.

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