CSWP3 2022 UP1: Carbon steel welded pipe 3
Notice of normal value review

Ottawa, February 15, 2022

The Canada Border Services Agency (CBSA) has today initiated a normal value review to update the normal values and export prices applicable to certain carbon steel welded pipe (CSWP) exported to Canada from Turkey by Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan).

The normal value review is part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s (CITT) injury finding issued on February 15, 2019, respecting the dumping of CSWP from Pakistan, the Philippines, Turkey and Vietnam, in accordance with the Special Import Measures Act (SIMA).

The product definition and the applicable tariff classification numbers of the goods subject to the CITT finding are contained in Appendix 1 (subject goods).

Should the exporter decide to participate in this normal value review, it is required to provide a complete and accurate response to the CBSA’s request for information (RFI) by March 24, 2022. The exporter will be considered co-operative if the requested information is complete, submitted on time and the exporter permits verification of the data.

If the exporter does not provide a complete response to the RFI by the deadline date, any previous normal values issued to the exporter will be immediately revoked and normal values applicable to subject goods exported by Borusan will be determined by advancing the export price of the goods by 45.8%, pursuant to a ministerial specification.

The schedule for this normal value review is now available. The CBSA will close the record for this normal value review at any time during the proceeding, without advance notice, once it has been determined that sufficient information has been received to make a decision. Therefore, interested parties are encouraged to provide any and all information that they feel is relevant to this review to the CBSA as early as possible. The CBSA will update the website to announce that the record has been closed. Interested parties will have seven days from the close of the record to file case arguments concerning the normal value and export price review and 14 days from the close of the record to file reply submissions in respect of the case arguments.

Normal values established during this review will be effective for the subject goods released from the CBSA on or after the date of the conclusion of the normal value review. Normal values currently in place for the named exporter will expire on that date. Information received as part of this review may also be used to determine normal values and export prices applicable to any requests for re-determination of importations of subject goods that have not been processed prior to the conclusion of normal value review, regardless of the date that the requests were received.

The normal values and export prices determined as a result of this review may be applied retroactively where the following conditions described are met. Exporters with normal values are required to promptly inform the CBSA in writing of changes to domestic prices, costs, market conditions or terms of sale associated with the production and sales of the goods. All parties are cautioned that where there are increases in domestic prices, and/or costs as noted above, the export price for sales to Canada should be increased accordingly to ensure that any sale made to Canada is not only above the normal value but at or above selling prices and full costs and profit of the goods in the exporter’s domestic market. If exporters did not properly notify the CBSA of any such changes, did not adjust export prices accordingly, or did not provide the information required to make any necessary adjustments to normal values and export prices, retroactive assessments of anti-dumping duties may be warranted.

In situations where related parties are involved, companies are cautioned that they must increase resale pricing to their unrelated customers in Canada in order to avoid secondary dumping. If it is determined that the company has raised its selling prices in Canada to levels necessary to eliminate all secondary dumping, the export prices will be calculated under section 24 of SIMA. Price reviews will continue to be conducted to ensure that an appropriate selling price is maintained in the Canadian market. However, if as a result of a review, a company is found to be in a secondary dumping situation, anti-dumping duties may be assessed retroactively.

Any questions concerning the above should be directed to:

• Telephone:
• Jin Hyuck Lee: 343-553-1728

Email: simaregistry-depotlmsi@cbsa-asfc.gc.ca

Appendix 1—product definition

Subject goods definition

Tariff classification numbers

Prior to January 1, 2022, the subject goods were usually classified under the following tariff classification numbers:

1. 7306.30.00.10
2. 7306.30.00.20
3. 7306.30.00.30

Beginning January 1, 2022, under the revised customs tariff schedule, subject goods are normally classified under the following tariff classification numbers:

1. 7306.30.00.42
2. 7306.30.00.43
3. 7306.30.00.44
4. 7306.30.00.45
5. 7306.30.00.46
6. 7306.30.00.47
7. 7306.30.00.49
8. 7306.30.00.52
9. 7306.30.00.53
10. 7306.30.00.54
11. 7306.30.00.55
12. 7306.30.00.56
13. 7306.30.00.57
14. 7306.30.00.59
15. 7306.30.00.62
16. 7306.30.00.63
17. 7306.30.00.64
18. 7306.30.00.65
19. 7306.30.00.66
20. 7306.30.00.67
21. 7306.30.00.69

This listing of tariff classification numbers is for convenience of reference only. Refer to the product definition for authoritative details regarding the subject goods.