U.S. Department of Commerce Announces Immediate Lifting of Tariffs on Canadian WRC Shake & Shingle

After a two year long battle, between the Canadian Shake & Shingle Alliance and the U.S. Department of Commerce, on whether Canadian Wester Red Cedar Shake & Shingles were subject to U.S. Softwood Tariffs, on Friday, June 26th, 2020 the U.S. Department of Commerce published in the Federal Register a “Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling” in response to the court’s decision in the shake and shingle litigation brought by the Shake and Shingle Alliance.  The Notice states that “the petitioner never intended for cedar shakes and shingles to be covered by the Orders,” and that Commerce now finds that “the scope of the Orders do not cover certain shakes and shingles exported by the SSA.”  Also on Friday, June 26, 2020, Commerce issued instructions to U.S. Customs and Border Protection (CBP) (1) to cease collection of cash deposits for certain shakes and shingles, and (2) to liquidate and refund cash deposits paid on past (unliquidated) entries of certain shakes and shingles.  With regard to new shipments, companies may commence entries of cedar shakes and shingles immediately.  With regard to refunds, CBP by statute has 6 months to comply with Commerce instructions.