Re-investigations

Certain Stainless Steel Wire

Ottawa, May 15, 2008

The Canada Border Services Agency (CBSA) has initiated on May 15, 2008, a re-investigation of the normal values and export prices of certain stainless steel wire originating in or exported from the Republic of Korea, Switzerland and the United States of America, and the amounts of subsidy of certain stainless steel wire originating in or exported from India.

The re-investigation is part of the CBSA’s enforcement of the finding made by the Canadian International Trade Tribunal (Tribunal) on July 30, 2004.

The goods subject to the Tribunal’s finding and applicable ten-digit Harmonized System classification numbers are described in Appendix 1.  Additional product information to assist in differentiating between subject and non-subject goods is provided in Appendix 2.

It is anticipated that this re-investigation will be concluded on or before October 8, 2008.  A
re-investigation schedule is available at: www.cbsa-asfc.gc.ca/sima-lmsi/ri-re/menu-eng.html.

Normal values and amounts of subsidy established during this re-investigation will be effective for the subject goods released from the CBSA on or after the conclusion of the re-investigation.  Normal values and amounts of subsidy currently in place will expire on that date.  In addition, the normal values and amounts of subsidy determined on the basis of the re-investigation will be applied to any entries of subject goods under appeal that have yet to be re-determined at the time of the conclusion of this re-investigation.

Exporters that choose to co-operate in the current re-investigation are required to provide a complete and accurate response to the CBSA’s Exporter Request for Information by June 23, 2008.  An exporter will be considered co-operative if the requested information is submitted on time and the exporter permits verification of the data.

Where an exporter of subject goods in the Republic of Korea, Switzerland or the United States of America does not provide sufficient information to determine specific normal values or does not permit verification of information submitted, anti-dumping duties will be assessed at the rate of 181% of the export price of the subject goods imported into Canada, in accordance with a ministerial specification pursuant to Special Import Measures Act.

Similarly, in cases where the Government of India or exporters in India fail to provide complete and accurate submissions enabling the determination of specific amounts of subsidy, countervailing duties will be assessed under ministerial specification at the rate of 13,857 rupees per metric tonne.

It should be noted that stainless steel belting wire used in the production of conveyor belts and stainless steel wire line used in the oil and gas industry are subject to an anti‑dumping duty remission order.  Remission is granted for anti-dumping duty paid or payable in excess of 35% of the export price in respect of these two stainless steel wire products.

Importers are cautioned that new normal values or amounts of subsidy, when issued, may be higher than those currently in effect and that this could result in additional assessments of anti-dumping or countervailing duty.  Importers are also cautioned that unless an exporter co‑operates in this re-investigation and receives specific normal values or amounts of subsidy at its conclusion, subsequent imports of subject goods from that exporter will be assessed at the rates indicated above.

In addition, in cases where changes occur in domestic prices, market conditions or costs associated with production and sales of the subject goods, the concerned parties are responsible for informing the CBSA of such changes in writing and in a timely manner.  If the concerned parties do not or did not properly notify the CBSA of substantial changes, or if they do not provide the information required to make any necessary adjustments to values, retroactive assessments of anti-dumping or countervailing duty may be warranted.

Any questions concerning the above should be directed to:

SIMA Registry and Disclosure Unit
Anti-dumping and Countervailing Program
Canada Border Services Agency
11th Floor, 100 Metcalfe Street
Ottawa, Ontario
K1A 0L8

FAX: 613-948-4844
General e-mail: simaregistry-depotlmsi@cbsa-asfc.gc.ca
Web site: www.cbsa-asfc.gc.ca/sima-lmsi/menu-eng.html

Officers’ names and contact information:

Vera Hutzuliak 613-954-0689
Vera.Hutzuliak@cbsa-asfc.gc.ca

Dan St-Arnaud 613-954-7373
DanR.St-Arnaud@cbsa-asfc.gc.ca

Appendix 1

Product Definition

Subject goods are:

cold drawn and annealed stainless steel round wire, up to and including 0.300 inches (7.62 mm) in maximum solid cross-sectional dimension, originating in or exported from India, the Republic of Korea, Switzerland, and the United States of America

The following goods were excluded from the Tribunal’s finding of July 30, 2004, and, therefore, are not subject to anti-dumping duty or countervailing duty:

• Nickel-coated stainless steel wire.
  
  
• Copper-coated stainless steel wire.
  
  
• Stainless steel wire for use in the manufacture of springs, per ASTM A313, matte finish, lubricant coated (all types), in all grades and in all diameters.
  
  
• Stainless steel wire in diameters of 0.032 inches (0.813 mm) and smaller.
  
  
• Stainless steel lashing wire.
  
  
• Type 27-7MO (trade name) stainless steel wire, also identified as UNS S31277, or equivalent.
  
  
• Types 302 and 430 stainless steel cold-heading wire for use in the manufacture of
• semi-tubular solid rivets.
  
  
• Types 308LHS, 309LHS, 387, 409CB and 430LCB stainless steel welding wire packaged in fibre-drum bulk packs, drum packs or barrel packs, known as "Tech Paks" or equivalent, in sizes of 250 lbs. (113.4 kg) or greater, for use in long-run welding applications.
  
  
• Type 439 titanium stabilized, solid stainless steel welding wire packaged in 500-lb. (226.8-kg) drums.
  
  
• Type A-286 stainless steel cold-heading wire, also identified as AISI No. 660, UNS K66286 DIN-1.4980, with the following composition: 0.08% max. carbon, 2.00% max. manganese, 1.00% max. silicon, 0.025% max. phosphorous, 0.025% max. sulfur, 13.50/16.00% chromium, 24.00/27.00% nickel, 1.00/1.50% molybdenum, 0.50% max. copper, 1.00% max. cobalt, 0.35% max. aluminum, 1.90/2.35% max. titanium, 0.10/0.50% vanadium and 0.003/0.010% boron.
  
  
• Type A286/A286SF stainless steel cold-heading wire.
  
  
• Type XM-19 stainless steel wire, also identified as UNS S20910.

The subject goods are properly classified under the following Harmonized System classification numbers:

7223.00.11.00

7223.00.19.00

7223.00.20.00

Appendix 2

Additional Product Information

Annealing

All stainless steel round wire that has undergone an annealing operation at any time is deemed to be subject.

Round Wire

Only round stainless steel wire is subject.  If the wire is in any other shape
(i.e. flattened, square, triangle, etc.) it is not subject.

Cored Wire

Only solid stainless steel wire is subject.  Cored or hollow wire is not subject. 
Cored stainless steel wire is typically filled with a flux and is used as welding wire.

Stranded Wire / Braided Wire

Stranded wire and braided wire are made from a number of single wires twisted together.  Both stranded wire and braided wire are not subject.

Wire vs. Rod

Wire is produced by taking a rod or a wire rod and cold drawing it through one or more dies until the desired size and shape is achieved.  The wire produced in this manner remains wire even if it is cut-to-length later, such as the case with TIG welding wire, which is sometimes referred to as “TIG rod.”

Rod is often called wire rod because it is commonly further processed into wire.  The important difference between rod (or wire rod) and wire is that wire has been cold drawn while rod has not been further worked than hot-rolled.  Therefore, true rod or wire rod is not subject, but welding wire in TIG form (even if identified as TIG rod) is subject.

Length

The product definition does not specify length.  Therefore, all stainless steel round wire regardless of length is deemed to be subject.

Electrodes

Electrodes that are flux-coated, cut, tipped and packaged are considered goods further manufactured from wire and are not subject.  However, bare MIG and SAW welding wire, although functioning as both filler material and electrode in the welding process, are subject wire.