Notice of Re-investigation

Laminate Flooring

Ottawa, October 23, 2008

The Canada Border Services Agency (CBSA) announced today that it has initiated a re investigation of the normal values and export prices respecting laminate flooring in thickness ranging from 5.5mm to 13mm (other than laminate hardwood flooring where the hardwood component exceeds 2mm in thickness) originating in or exported from the People's Republic of China (China) and France and that it has initiated a review of subsidizing in respect of such product originating in or exported from China.

The re investigation is part of the CBSA's enforcement of the finding made by the Canadian International Trade Tribunal (Tribunal) on June 16, 2005.

The goods subject to the Tribunal's finding are described in Appendix 1 and are properly classified under the listed ten digit Harmonized System classification numbers. Additional product information is also provided in Appendix 1.

It is anticipated that this re-investigation will be concluded on or before March 31, 2009. 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 December 8, 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 People's Republic of China or France 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 30% 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 China or exporters in China 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 3.54 Chinese Renminbi per square metre.

EXPORTERS WHO ARE NOT THE MANUFACTURER OF THE SUBJECT GOODS (E.G. TRADING COMPANIES OR VENDORS) WILL RECEIVE A METHODOLOGY FOR ESTABLISHING AN EXPORT PRICE. NORMAL VALUES ARE ESTABLISHED FOR MANUFACTURERS WHO PROVIDE SUFFICIENT INFORMATION TO PERMIT THE DETERMINATION OF NORMAL VALUES. IF AN EXPORTER'S MANUFACTURER DOES NOT PROVIDE SUFFICIENT INFORMATION, THERE WILL BE NO NORMAL VALUES FOR THAT EXPORTER AND NORMAL VLAUES WILL BE DETERMINED BY ADVANCING THE EXPORT PRICE OF THE GOODS BY 30%, PURSUANT TO A MINISTERIAL SPECIFICATION.

ANY EXPORTERS WHO HAVE NOT RECEIVED A LETTER FROM THE CBSA WITH AN ACCOMPANYING REQUEST FOR INFORMATION (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(S) AND IF THEY INTEND TO COOPERATE WITH THE CBSA IN THIS RE INVESTIGATION.

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 the 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@cbsa-asfc.gc.ca
Web site:  www.cbsa-asfc.gc.ca/sima-lmsi/menu-eng.html

Officers' names and contact information:

Roger Lyons  613-954-7342
Roger.Lyons@cbsa-asfc.gc.ca

Richard Killeen  613-954-7236
Richard.Killeen@cbsa-asfc.gc.ca

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Appendix 1

Product definition

Subject goods are:

Laminate flooring in thickness ranging from 5.5mm to 13mm (other than laminate hardwood flooring where the hardwood component exceeds 2mm in thickness) originating in or exported from the People's Republic of China and France.

Additional Product Information

Laminate flooring may be defined as a rigid floor covering with a surface layer consisting of one or more thin sheets of a fibrous material printed with the motif and colour that will show on the flooring, generally a wood grain or ceramic tile pattern (usually paper but can be printed on the raw board) and impregnated with amino-plastic resins (usually melamine). These sheets are pressed as High Pressure Laminate (HPL) or Compact Laminate (CPL) or bonded on a substrate, which usually consists of High Density Fibreboard (HDF), or in the case of Direct Pressure Laminate (DPL) directly pressed on a substrate (usually HDF). The product is normally finished with a backing primarily used as a balancing material.

In the market, laminate flooring may also be described as "laminated wood flooring" or "floating wood flooring".

The thickness of the subject goods is that of the laminate flooring only. If laminate flooring has what may be referred to as an attached underlay to reduce noise levels or attached foam backer or noise reduction layer, the thickness of this underlay is not added to the thickness of the actual laminate flooring in determining if the product thickness is within the subject range.

Classification of Imports

Laminate flooring is (as of January 1, 2007) classified in Section IX of the Customs Tariff under the Harmonized System (HS) Heading 44.11, under the following ten digit classification numbers:

4411.13.00.99

4411.14.00.99

4411.92.90.20