This page has been archived.
Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.
Ottawa, July 7, 2011
This notice advises that, on July 7, 2011, the Canada Border Services Agency (CBSA) concluded a re-investigation of the normal values and export prices of certain bicycles originating in or exported from Chinese Taipei and the People's Republic of China (China) pursuant to the Special Import Measures Act (SIMA).
The subject goods are described as bicycles, assembled or unassembled, with wheel diameters of 16 inches (40.64 cm) and greater, excluding bicycles with an FOB Chinese Taipei or China selling price exceeding CAD $225, and excluding bicycles with foldable frames and stems.
The re-investigation was initiated on February 22, 2011, as part of the CBSA's enforcement of the finding made by the Canadian International Trade Tribunal on December 11, 1992. This finding was subsequently reviewed and continued on December 10, 2007.
At the initiation of the re-investigation, the CBSA sent Requests for Information (RFI) to exporters to obtain information on the costs and selling prices of subject goods and like goods. Specific normal values methodologies for future shipments have been determined for all exporters that provided a complete submission. Thirty-eight exporters responded to the CBSA's RFI. Appendix 1 contains a list of the exporters that, based on the results of this re-investigation, can request interim normal values for 2012 models.
Case arguments and reply submissions were received from counsel representing both the Canadian producer and cooperative exporters. The main focus of these submissions were arguments either supporting or opposing the application of section 20 of SIMA. Representations were also made with respect to cost increases in bicycle component parts and the opening price points for entry level bicycles. The information submitted in these case arguments and reply submissions were given due consideration by the CBSA.
The subject goods are normally imported into Canada under one of the following ten-digit Harmonized System classification numbers:
The application of normal values and export prices to the subject goods is outlined below:
Where interim normal values for the 2011 model year were found to be significantly understated overall, or could not be verified, all interim normal values for the model years were recalculated and finalized. The finalized values will apply retroactively to all models that were released from customs after September 1, 2010. This may result in additional anti-dumping duties being assessed against the importers of these goods.
Normal values for models of subject goods for which interim normal values have not been established by the CBSA or those goods that have not been clearly identified on the customs documentation will be determined by advancing the export price of the goods by 64%, pursuant to ministerial specification.
The CBSA will issue interim normal values for 2012 models beginning July 7, 2011, upon request and based on information submitted by exporters. The 2012 interim normal values and export prices will normally remain in effect until August 31, 2012. The CBSA will periodically review the interim normal values and finalize them as appropriate. Importers and exporters will be notified at the start of any such review.
Importers are advised that if the exporter fails to provide a complete and accurate submission when required to do so during a future re-investigation, the finalized 2012 normal values will be based on the best information available. This may result in retroactive assessments of additional dumping duties against the importer as high as 64% of the export price for all imports of subject bicycles purchased from that exporter since September 1, 2011. The exporters have been made aware of the need to provide complete and accurate information to the CBSA in future re-investigations.
To ascertain their liability for anti-dumping duty, importers should contact the exporters to obtain the applicable interim normal values. For further information on this matter, refer to Memorandum D14-1-2, Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established Under the Special Import Measures Act to Importers, on the CBSA Web site at www.cbsa-asfc.gc.ca/publications/dm-md/d14-eng.html.
Importers are reminded that it is their responsibility to calculate and declare their anti dumping duty liability. If importers are using the services of a customs broker to clear importations, the brokerage firm should be advised that the goods are subject to anti-dumping measures and be provided with sufficient information necessary to clear the shipments.
The Customs Act applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti-dumping duties. As such, failure to pay the duties within the prescribed time will result in the application of the interest provisions of the Act.
Should the importer disagree with the determination made on any importation of goods, a request for re-determination may be filed with the Director General, Anti-dumping and Countervailing Directorate, Ottawa, ON, K1A 0L8. Such a request must be received within 90 days from the making of the determination in the form and manner outlined in Memorandum D14 1 3, Procedures for Making a Request for a Re-determination or an Appeal of Goods Under the Special Import Measures Act, on the CBSA Web site at www.cbsa-asfc.gc.ca/publications/dm-md/d14-eng.html.
Any questions concerning the above should be directed to:
Specialized Bicycle Components, Inc.
Trek Bicycle Co.
Exactitude International Co., Ltd.
Kenstone Metal Co., Ltd
Southern Cross International Co., Ltd.
Taioku Manufacturing Co., Ltd.
United Engineering Corp.
Universal Speed Group Co., Ltd
Willing Industry Company Ltd
Acoca Bicycle (H.Z.) Co. Ltd.
Acetrikes Bicycles (Taicang) Co., Ltd.
Ching Tong Shan Enterprises (Shenzhen) Co., Ltd.
Giant Bicycle Co., Ltd.
Hangzhou Joykie Industrial & Trading Co., Ltd.
Hui Huang Da (Shenzhen) Co., Ltd.
Ideal Bicycle (Dong Guan) Corporation
Joysun Bicycle Manufacturing Co., Ltd.
Kenstone Metal (Kunshan) Co., Ltd.
Kun Shan General Sports Co., Ltd
Merida Bicycle (China) Co., Ltd.
Merida Industry (Hong Kong) Co., Ltd.
NingBo Bailey Bicycle Company
NingBo Everich Bicycle Company, Ltd.
Overlord Industries (Shenzhen) Co., Ltd.
Oyama Bicycles (Taicang) Co., Ltd.
Shanghai Giant and Phoenix Bicycle Co., Ltd.
Shenzhen Boan Bike Co., Ltd.
Shenzhen Sinbao Bicycle Co., Ltd
Shenzhen Taifeng Yongda Bicycles
Shenzhen Xidesheng Bicycle Co., Ltd
Shunlu Bicycles Co., Ltd.
Tianjin Golden Wheel Bicycle (Group) Co., Ltd.
Tianjin Tandem Industries Co., Ltd
Tianjin Fuji-Ta Bicycle Co., Ltd.
Taioku Manufacturing (Jiangsu)
Universal Cycle Co. (Guangzhou)
Yong Qi (Changzhou) Bicycle Industrial Co., Ltd.
Zhejiang Jianlong Bicycle