Notice of Re-investigation

Certain Carbon Steel Fasteners - 2011

File #: 4243-38
Case #: AD/1308

Ottawa, April 28, 2011

The Canada Border Services Agency (CBSA) has today initiated a re-investigation to update the normal values and export prices pursuant to the Special Import Measures Act (SIMA), in respect of certain carbon steel fasteners originating in or exported from the People's Republic of China (China) and Chinese Taipei.

The re-investigation is part of the ongoing enforcement of the Canadian International Trade Tribunal (Tribunal) findings of material injury made on January 7, 2005 in Inquiry No. NQ-2004-005 and continued by the Tribunal's orders issued on January 6, 2010 in Expiry Review No. RR-2009-001. Please note that, at this time, the CBSA is not initiating a re-investigation of the amounts of subsidy respecting certain carbon steel fasteners originating in or exported from China.

The subject goods are described in Appendix 1 and are normally classified under the listed ten-digit Harmonized System classification numbers. Additional product information explaining what products are subject to duties and what products are not subject to duties is also provided in the appendix.

It is anticipated that this re-investigation will be concluded on or before September 23, 2011. A re-investigation schedule is available at: www.cbsa-asfc.gc.ca/sima-lmsi/ri-re/menu-eng.html under the heading Certain Carbon Steel Fasteners.

The normal values established during this re-investigation will be effective for the subject goods released from the CBSA on or after September 23, 2011, or the date of the ruling letter to the exporters, whichever occurs first. Also, at that time, the normal values currently in place will expire. Importers are cautioned that new normal values, when issued, may be higher than those currently in effect and that this could result in additional assessments of anti-dumping duty.

The normal values determined as a result of the re-investigation will be applied to any requests for re-determination of customs entries of subject goods that are received on or after April 28, 2011 (the initiation date of this re-investigation). In addition, the normal values will be applied to any requests for re-determination of customs entries of subject goods that have not been processed prior to the conclusion of this re-investigation, regardless of the date that the requests were received, where these normal values are applicable.

Exporters that choose to cooperate in the current re-investigation are required to provide a complete and accurate response to the CBSA's Exporter Request for Information (RFI) by June 7, 2011. An exporter will be considered cooperative if the requested information is submitted on time and the exporter permits verification of the data.

Importers are also cautioned that unless an exporter cooperates in this re-investigation and receives specific normal values at its conclusion, normal values of subsequent imports of subject goods from that exporter will be determined by advancing the export price of the goods by 170 %, in accordance with a ministerial specification pursuant to SIMA. Responses to the Importer RFI are due by May 19, 2011.

Exporters who are not the manufacturer of the subject goods will receive normal values only to the extent that their suppliers/manufacturers provide sufficient information to permit the determination of normal values and export prices. If none of the exporter's suppliers/manufacturers provide sufficient information, normal values for that exporter will be determined by advancing the export price of the goods by 170%, pursuant to a ministerial specification.

Please note that, for the current re-investigation, the CBSA is contacting parties responsible for substantially all shipments of subject goods released into Canada during 12 months only, April 1, 2010 to March 31 2011.

For these reasons, any importers or exporters who have not received a letter from the CBSA with an accompanying RFI, and who wish to provide a response to the RFI are advised to contact one of the officers identified below. Similarly, it is suggested that importers contact their exporter(s) to determine if the exporter(s) have received the Exporter RFI and whether they intend to cooperate with the CBSA in this re-investigation.

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:

Appendix 1

Product Definition

Subject goods are:

“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”.

The following is a list of subject products included in the Canadian International Trade Tribunal's (Tribunal) findings/orders for certain carbon steel fasteners.

The following carbon steel and stainless steel screws were excluded by the Canadian International Trade Tribunal’s finding of January 7, 2005, and therefore, are not subject goods:

• Acoustic lag screws
• Aster screws
• Chicago screws
• Collated screws
• Connector screws (kd)
• Decor 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 Product Information:

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

• - Hex socket cap screws and socket cap screws are specifically excluded and
     hex cap screws as a whole are also excluded.
• - “Lag bolts” are in actuality considered to be subject lag screws.
• - 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.
• - 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.

In order for imported goods to be excluded by the Canada Border Services Agency, as screws specifically designed for use in the automotive industry, the goods must qualify for and be imported under the tariff item No. 9958.00.00. To be imported duty-free, including anti-dumping and/or countervailing duties, as applicable, the goods must be accompanied by satisfactory evidence that the imported goods are used either:

• in the manufacture of original equipment parts for passenger automobiles, trucks, or buses; or
• as original equipment in the manufacture of such vehicles or chassis.

Goods for after-market applications and goods in the form of materials are not eligible for consideration under tariff item No. 9958.00.00, and will not be excluded from the Tribunal's findings/orders.