Dumping file #: 4214-22
Dumping case #: AD/1379
Subsidy Case #: CV/124
Subsidy file #: 4218-26
Ottawa, July 3, 2012
This notice is to advise you of a recent decision that affects the enforcement of the Canadian International Trade Tribunal's (Tribunal) findings of material injury concerning certain aluminum extrusions originating in or exported from the People's Republic of China.
In an appeal decision rendered on April 19, 2012, the Tribunal held that certain aluminum extrusions with added attachments were subject to the anti-dumping and countervailing duty findings it issued on March 17, 2009, in Inquiry No. NQ-2008-003. The appeal decision and reasons (AP-2011-027) can be found on the Tribunal's Website at www.citt-tcce.gc.ca.
The Canada Border Services Agency (CBSA) is responsible for the enforcement of Tribunal findings, including determining whether or not imported goods are subject to the Tribunal's findings. In light of the Tribunal's analysis and reasoning in dismissing the above noted appeal, the CBSA has reconsidered its interpretation of the definition of goods subject to the Tribunal's findings.
In AP-2011-027, the Tribunal found that aluminum extrusions that had been further worked by the addition of attachments to the aluminum extruded parts did not render the aluminum parts as non-subject goods. Therefore, goods that are similar to those considered to be subject in the Tribunal appeal AP-2011-027 will also be held by the CBSA to be subject to the Tribunal's findings. The CBSA generally considers that similar goods to those in AP 2011-027 would be aluminum extrusions that have been further worked by the addition of attachments, but only to such an extent that the worked aluminum extrusions still predominantly possess the physical characteristics and nature of aluminum extrusions. Therefore, future importations of similarly worked aluminum extrusions may incur anti dumping and countervailing duties.
Any questions concerning the above should be directed to: