Canada Border Services Agency
Symbol of the Government of Canada

ARCHIVED - Notice of Re-investigation

Warning This page has been archived.

Archived Content

Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.

Certain Copper Tube

Dumping file #: 4214-40
Dumping case #: AD/1401

Subsidy file #: 4218-38
Subsidy case #: CVD/137

Ottawa, September 2, 2014

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 and export prices of certain copper tube originating in or exported from the Federative Republic of Brazil, the Hellenic Republic, the People’s Republic of China, the Republic of Korea and the United Mexican States and the amounts of subsidy of certain copper tube from the
People’s Republic of China.

The subject goods are described as circular copper tube with an outer diameter of 0.2 inch to 4.25 inches (0.502 centimetre to 10.795 centimetres) excluding industrial and coated or insulated copper tube, originating in or exported from the Federative Republic of Brazil, the
Hellenic Republic, the People’s Republic of China, the Republic of Korea and the
United Mexican States.

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

7411.10.00.10
7411.10.00.20

The subject goods may also be classified under the following HS classification numbers:

7411.10.00.31
7411.10.00.39

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 18, 2013.

It is anticipated that this re-investigation will be concluded by January 30, 2015.

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 response to the CBSA’s dumping and subsidy Request for Information (RFI) by October 10, 2014.  An exporter will be considered cooperative 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 82.4% 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 25,239 Chinese Renminbi per metric tonne in accordance with a ministerial specification pursuant to subsection 30.4(2) of SIMA.

Exporters that are not the manufacturer of the subject goods (e.g. trading companies, vendors, etc.) 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.

Please note that, for the current re-investigation, the CBSA is contacting all known and potential exporters.  However, any importers or exporters who have not received a letter from the CBSA with the accompanying RFIs and who wish to provide a response to the RFIs 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) has received the exporter RFI and whether they intend to cooperate with the CBSA in this re-investigation.

Responses to the importer RFI are due by September 23, 2014.  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 and/or countervailing duty.  Importers are also cautioned that unless an exporter cooperates 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 anti-dumping and countervailing duties based on the ministerial specifications 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, or amounts of subsidy received, 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:

Mail:
SIMA Registry and Disclosure Unit
Trade and Anti-dumping Programs Directorate
Canada Border Services Agency
100 Metcalfe Street, 11th Floor
Ottawa, Ontario K1A 0L8

Fax:
613-948-4844
E-mail:
Telephone:
Nalong Manivong : 613-960-6096

Hugo Dumas:         613-954-2975