Ottawa, February 10, 2012
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In Brief
Certain Carbon Steel Fasteners Originating in or Exported From the People’s Republic of China and Chinese TAIPEI
Application of Anti-Dumping and Countervailing Duty
1. This memorandum refers to the application of anti-dumping duty to importations of certain carbon steel fasteners originating in or exported from the People’s Republic of China (China) and Chinese Taipei and the application of countervailing duty to importations of certain carbon steel fasteners originating in or exported from China.
2. The memorandum is being revised to reflect the changes as of January 1, 2012 to the Harmonized System (HS) classification numbers where importers have been found to regularly classify the subject goods. This listing of HS codes is for convenience of reference only. Refer to the product definition for authoritative details regarding the subject goods.
This memorandum refers to the application of anti-dumping duty pursuant to section 3 of the Special Import Measures Act (SIMA) to importations of certain carbon steel fasteners originating in or exported from the People’s Republic of China (China) and Chinese Taipei, and to the application of countervailing duties pursuant to the same section of SIMA to importations of certain carbon steel fasteners originating in or exported from China. These duties are applied as a result of an order by the Canadian International Trade Tribunal (Tribunal) continuing the finding of injury in regards to certain carbon steel fasteners originating in or exported from China and Chinese Taipei and rescinding the finding of injury in regards to certain stainless steel fasteners originating in or exported from Chinese Taipei.
Guidelines and General Information
1. The subject goods are defined as:
"Certain carbon steel fasteners originating in or exported from the People’s Republic of China and Chinese Taipei, excluding those specifically designed for application in the automotive or aerospace industry".
2. The list of subject carbon steel fasteners included in the Tribunal’s order is provided in the Appendix.
3. The following carbon steel fasteners were excluded by the Tribunal’s order:
- – Acoustic lag screws;
- – Chicago screws;
- – Collated screws;
- – Connector screws (kd);
- – Décor screws;
- – Drawer handle screws;
- – Drive spikes RR;
- – Euro screws;
- – Hex socket cap screws;
- – Instrument screws;
- – Knurled head screws;
- – Machine screws with wings;
- – Optical screws;
- – Screw spikes RR;
- – Security screws;
- – Self-clinching studs;
- – Socket cap screws;
- – Socket set screws;
- – Square-head set screws;
- – Thumb screws;
- – U-drive screws;
- – Wing screws;
- – Screws imported under tariff item Nos. 9952.00.00, 9964.00.00, 9969.00.00, 9972.00.00 and 9973.00.00 for use in the manufacture of snowmobiles, all-terrain vehicles, personal watercraft and three-wheeled motorcycles;
- – R4™ screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent numbers 2 267 572 and 2 198 832 and a Climatek™ coating which is certified to meet the ICC Evaluation Service, Inc. (ICC-ES) "Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals" (AC257); or equivalent;
- – RSS™ rugged structural screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent numbers 2 267 572 and 2 140 472 and a Climatek™ coating which is certified to meet the ICC-ES "Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals" (AC257); or equivalent;
- – MSS™ zip tip metal siding screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent numbers 2 267 572 and 2 478 635 and a Climatek™ coating which is certified to meet the ICC-ES "Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals" (AC257); or equivalent;
- – MSS™ drill tip metal siding screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent numbers 2 267 572 and 2 478 635 and a Climatek™ coating which is certified to meet the ICC-ES "Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals" (AC257); or equivalent;
- – Pan™ head screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent number 2 267 572 and a Climatek™ coating which is certified to meet ICC-ES "Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals" (AC257); or equivalent;
- – Cabinet™ screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent number 2 267 572 and a Climatek™ coating which is certified to meet ICC-ES "Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals" (AC257); or equivalent;
- – FIN/Trim™ head screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent number 2 267 572 and a Climatek™ coating which is certified to meet ICC-ES "Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals" (AC257); or equivalent;
- – White FIN/Trim™ head screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent number 2 267 572 and a Climatek™ coating which is certified to meet ICC-ES "Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals" (AC257); or equivalent;
- – RT Composite™ Trim™ head screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent number 2 267 572 and a Climatek™ coating which is certified to meet ICC-ES "Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals" (AC257); or equivalent;
- – White RT Composite™ Trim™ head screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent number 2 267 572 and a Climatek™ coating which is certified to meet ICC-ES "Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals" (AC257); or equivalent;
- – Vinyl Window™ screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent number 2 267 572 and a Climatek™ coating which is certified to meet ICC-ES "Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals" (AC257); or equivalent;
- – Caliburn™ concrete screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent number 2 267 572 and a Climatek™ coating which is certified to meet ICC-ES "Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals" (AC257); or equivalent;
- – Kameleon™ composite deck screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent number 2 267 572 and a Climatek™ coating which is certified to meet ICC-ES "Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals" (AC257); or equivalent;
- – Sharp-pointed drywall screws with diameters ranging from #6 to #7, lengths ranging from 0.4375 in. to 2.25 in., with a coarse, fine or high-low thread, with a bugle, flat, pan, truss or wafer head, with a Phillips driver and a black phosphate or standard zinc finish;
- – Self-drilling drywall screws with diameters ranging from #6 to #7, lengths ranging from 0.4375 in. to 2.25 in., with a fine thread, with a bugle, flat, flat truss, pan, pancake, truss or wafer head, with a Phillips driver and a black phosphate or standard zinc finish.
Additional Information
4. Hex socket cap screws and socket cap screws are specifically excluded and hex cap screws as a whole are also excluded.
5. "Lag bolts" are considered to be subject lag screws.
6. There is a difference between wing screws and screws with wings, the former are excluded while the latter are, with the exception of machine screws with wings, included.
7. Some fasteners designated as "bolts" are in reality subject screws, namely: flange bolts, bin bolts, grain bin bolts, square and hex lag bolts, and stove bolts.
8. The dates of the proceedings, findings and order in this matter are as follows:
| Action |
Date |
| Initiation of investigation |
April 28, 2004 |
| Preliminary determination |
September 10, 2004 |
| Final determination |
December 9, 2004 |
| Tribunal injury findings |
January 7, 2005 |
| Conclusion of the section 55 determination |
July 7, 2005 |
| Tribunal’s expiry review order |
January 6, 2010 |
9. The subject goods are usually classified under the following Harmonized System (HS) classification numbers:
- 7318.11.00.00
- 7318.15.00.29
- 7318.12.00.00
- 7318.15.00.31
- 7318.14.00.00
- 7318.15.00.32
- 7318.15.00.11
- 7318.15.00.39
- 7318.15.00.12
- 7318.15.00.44
- 7318.15.00.21
Note: This listing of HS codes is for convenience of reference only. Refer to the product definition for authoritative details regarding the subject goods.
10. The liability for anti-dumping and countervailing duties results from the proceedings conducted under SIMA and from the findings made by the Canadian International Trade Tribunal. Information regarding the normal value of subject goods and the amount of anti-dumping and countervailing duties payable should be obtained from the exporter. Related information may be made available to importers on a need-to-know basis in accordance with the provisions of Memorandum D14-1-2, Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established Under the Special Import Measures Act to Importers.
11. For importations of the subject goods produced or exported by a company in China or Chinese Taipei that has not been issued its own normal values, the anti-dumping duty is equal to 170% of the export price, as determined under section 24, 25 or 29 of SIMA.
12. For importations of the subject goods produced or exported by a company in China that has not been issued its own amount of subsidy, the countervailing duty is equal to 1.25 Renminbi per kilogram.
Appendix
The following carbon steel fasteners are considered subject goods:
| |
Imperial (inches) |
Metric (millimetres) |
| Diameter |
Length |
Diameter |
Length |
| Wood screws |
#4 to #24 (0.112" to 0.386") |
3/8 to 8" |
M3 to M10 |
10 mm to 200 mm |
| Square and hex lag screws |
#14 to #24 (1/4" to 0.386") |
3/4 to 4" |
M6 to M10 |
20 mm to 100 mm |
| Sheet metal/tapping screws |
#4 to #24 (0.112" to 0.386") |
3/8 to 8" |
M3 to M10 |
10 mm to 200 mm |
| Thread forming screws |
#4 to #24 (0.112" to 0.386") |
3/8 to 3" |
M3 to M10 |
10 mm to 75 mm |
| Thread cutting screws |
#4 to #24 (0.112" to 0.386") |
3/8 to 3" |
M3 to M10 |
10 mm to 75 mm |
| Thread rolling screws |
#4 to #24 (0.112" to 0.386") |
3/8 to 3" |
M3 to M10 |
10 mm to 75 mm |
| Self-drilling tapping screws |
#4 to #24 (0.112" to 0.386") |
3/8 to 3" |
M3 to M10 |
10 mm to 75 mm |
| Machine screws |
#4 to 3/8" (0.112" to 3/8") |
3/8 to 8" |
M3 to M10 |
10 mm to 200 mm |
| Flange screws |
1/4"; to 5/8" |
3/8 to 4" |
M6 to M16 |
10 mm to 100 mm |
References
| Issuing office |
Anti-dumping and Countervailing Directorate
Programs Branch |
| Headquarters file |
4243-38, 4218-17 |
| Legislative references |
Special Import Measures Act, section 3 |
| Other references |
D14-1-2 |
| Superseded memoranda D |
D15-2-49, dated July 16, 2010 |