Notice of Re-investigation

Certain Thermoelectric Coolers and Warmers from China

Dumping file #: 4214-21
Dumping case #: AD/1372

Subsidy file #: 4218-25
Subsidy case #: CV/121

Ottawa, June 8, 2010

The Canada Border Services Agency (CBSA) has today initiated a re-investigation, in accordance with the Special Import Measures Act (SIMA), of the normal values, export prices and amounts of subsidy of certain thermoelectric coolers and warmers originating in or exported from the People's Republic of China.

The subject goods are described as certain thermoelectric containers that provide cooling and/or warming with the use of a passive heat sink and a thermoelectric module, excluding liquid dispensers, originating in or exported from the People's Republic of China.

The subject goods are generally classified under the following 10-digit Harmonized System classification number:

8418.69.00.90

The following 10-digit Harmonized System classification numbers are also used:

8418.50.10.00
8418.50.29.00
8418.61.91.90
8418.99.90.90

The re-investigation is part of the CBSA's ongoing enforcement of the Canadian International Trade Tribunal's finding of material injury issued on December 11, 2008.

It is anticipated that this re-investigation will be concluded by November 25, 2010. 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 date of 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 wish to participate in this re-investigation are required to provide a complete and accurate submission by July 19, 2010. 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 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 37% of the export price of the subject goods imported into Canada, in accordance with a ministerial specification pursuant to section 29 of SIMA.

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 at the rate of 53.27 Chinese Renminbi per unit in accordance with a ministerial specification pursuant to subsection 30.4(2) of SIMA.

Responses to the Importer Request for Information are due by June 29, 2010. 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: