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Ottawa, May 26, 2014
The Canada Border Services Agency (CBSA) has today concluded a re-investigation to update the normal values and export prices of certain unitized wall modules originating in or exported from the People’s Republic of China (China), pursuant to the Special Import Measures Act (SIMA).
The re-investigation was initiated on December 20, 2013 as part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s findings of threat of injury issued on November 12, 2013 in Inquiry No. NQ-2013-002.
The CBSA determined that a re-investigation of the amounts of subsidy was not necessary at this time. As such, the amounts of subsidy currently in place will remain in effect.
A complete product definition of the subject goods and additional product information to assist in differentiating between subject and non-subject goods is provided in Appendix 1.
At the initiation of the re-investigation, the CBSA sent a Dumping Request for Information (RFI) to exporters and to importers of subject goods to obtain information for the determination of normal values and export prices.
If the exporter provided insufficient information, normal values for that exporter will be determined by advancing the export price of the goods by 120%, pursuant to a ministerial specification under section 29 of SIMA.
Importers are cautioned that unless the exporter from whom they intend to import subject goods is listed in the table below, normal values will be determined by advancing the export price of the subject goods by 120%, in accordance with a ministerial specification.
Specific normal values and export prices for future shipments of subject goods into Canada have been determined for the exporters listed below:
SUBJECT GOODS ORIGINATING IN OR EXPORTED FROM
THE PEOPLE'S REPUBLIC OF CHINA
Guangzhou Jangho Curtain Wall System Engineering Co., Ltd. Shenyang Yuanda Aluminum Industry Engineering Co., Ltd. All other exporters 120%
The normal values and export prices determined will be effective for subject goods released from the CBSA on or after May 26, 2014. All normal values and export prices previously in place expire on that date. In addition, the normal values and export prices determined on the basis of this re-investigation may be applied to any entries of subject goods under appeal.
Following the April 25, 2014 close of the record, case arguments were received from
Jangho Curtain Wall Canada Co., Ltd., Yuanda Canada Enterprises Ltd. and the Complainants. The CBSA received reply submissions from all three parties. All information submitted in the case arguments were given due consideration by the CBSA.
Where a producer or exporter becomes aware that there have been substantial changes to domestic prices, market conditions or costs associated with production and sales of subject goods, the CBSA should be advised in order that normal values can be reviewed, and updated if required, to reflect current conditions. Similarly, the amount of export charges to be deducted from the export price may also need revision to reflect current conditions for subject goods originating in or exported from China. Where changes have occurred and the CBSA has not been advised in a timely manner, the extent of these changes could warrant retroactive assessments of anti-dumping duties.
Importers are reminded that it is the responsibility of importers to calculate and declare their anti-dumping duties liability. Customs brokers acting on the behalf of importers should be advised that the goods are subject to anti-dumping measures and be provided with sufficient information necessary to clear the shipments. In order to determine their liability for anti-dumping duty, importers should contact their suppliers who can provide information on normal values and export prices. Under limited circumstances, the CBSA may make this information available to importers. For more information, please refer to Memorandum D14-1-2, Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established Under the Special Import Measures Act for Importers, on the CBSA Web site at www.cbsa-asfc.gc.ca/publications/dm-md/d14-eng.html.
The Customs Act (Act) applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti-dumping duty. As such, failure to pay duties within the prescribed time will result in the application of the interest provisions of the Act.
Should the importer disagree with the determination made on any importation of goods, a request for redetermination may be filed with the Director General, Trade and Anti-dumping Programs Directorate, Ottawa, Ontario K1A 0L8. Such a request must be received within 90 days from the making of the determination, in the form and manner outlined in Memorandum D14-1-3, Procedures for Making a Request for a Re-determination or an Appeal of Goods Under the Special Import Measures Act.
Any questions concerning the above should be directed to:
Subject goods are:
"Unitized wall modules, with or without infill, including fully assembled frames, with or without fasteners, trims, cover caps, window operators, gaskets, load transfer bars, sunshades and anchor assemblies; excluding non-unitized building envelope systems such as stick systems and point-fixing systems originating in or exported from the People's Republic of China."
Additional Product Information
Subject and like unitized wall modules are an aluminum-framed engineered fenestration product which forms the building envelope or facade for multi-story buildings. The two main styles of unitized wall modules building envelope systems are referred to as “curtain wall” and “window wall”.
Unitized wall modules are prefabricated segments of the building envelope that interlock with each other when installed. They are manufactured and shipped to customers’ building sites where they are installed by the customer or building contractor.
Installed unitized wall modules separate the outdoors from a building's indoor environment. The unitized wall modules are designed to resist extreme wind pressures, limit air infiltration and exfiltration, prevent water infiltration and meet heat loss and energy usage criteria.
The unitized wall modules are generally designed to meet any of the following or equivalent specifications:
Unitized wall modules usually consist of three principal components: extruded pre‑finished (mill, alodine, painted or anodized) aluminum frame, hardware and infill materials.
The frame is the structural component that provides support for the infill materials. Hardware consists of fasteners, gaskets and sealants used to attach or sit between the frame and the infill materials. Infill materials include, but are not limited to, insulated glass units, monolithic glass, panels of various materials such as stone, granite or limestone, aluminum or galvanized steel back pans, insulation, terracotta tiles, ceramic tiles, thin veneer unitized bricks, louvers, grilles and photovoltaic panels. Patio or terrace doors and operable windows also are used as infill materials.
The subject goods do not include non-unitized systems such as “stick systems” or “point‑fixing systems”. Stick system building envelopes or facades are not subject goods as they are not unitized. Unlike unitized wall modules, stick systems are not interlocking and require installation of individual framing components on-site to form the supporting grid for those systems. Stick systems are shipped to the project site as vertical and horizontal member components which are then installed and connected piece by piece to form the structural grid for a stick system envelope or facade for buildings. Once the grid of support members is secured to the building structure, infill materials are installed from the exterior and/or interior side of the building.
Once a stick system building envelope or facade is completed, the appearance of the building exterior will be similar to a “unitized wall module” building envelope or facade. However, a stick system envelope or facade is differentiated from a “unitized wall module” building envelope or facade when viewed from the building interior, where the vertical frame members in the stick envelope or facade will be one-piece, while in the “unitized wall module” envelope or facade the vertical frame members will be two interlocked pieces.
Products referred to as “point-fixing glass wall/curtain wall” and “full-glass glass wall/curtain wall” use glass fins, patch fittings, cable supports and other means for structural support and do not rely on the extruded aluminum members used in the subject goods covered by this complaint. These products cannot be “unitized” and are not subject goods.
Classification of Imports
The subject goods are normally imported into Canada under the following Harmonized System (HS) classification numbers:
This listing of HS codes is for convenience of reference only. Refer to the product definition for authoritative details regarding the subject goods.