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Dumping case number: AD/1395
Dumping file number: 4214-35

December 23, 2013

On October 22, 2012, the President of the Canada Border Services Agency (President) made a final determination, pursuant to paragraph 41(1)(a) of SIMA, that liquid dielectric transformers having a top power handling capacity equal to or exceeding 60,000 kilovolt amperes (60 megavolt amperes), whether assembled or unassembled, complete or incomplete, originating in or exported from the Republic of Korea (Korea) had been dumped.  On November 21, 2012, an application for judicial review of this final determination of dumping was made to the Federal Court of Appeal by one of the interested parties to the investigation.  On December 6, 2013, the Federal Court of Appeal issued a decision that set aside the final determination and referred the matter back to the President for reconsideration.

As a result, the President must make a final determination of dumping or terminate the investigation on this matter within 90 days of the decision of the Federal Court of Appeal, which is by March 6, 2014.  In this regard, interested persons are invited to file written submissions presenting facts, arguments and evidence relevant to the alleged dumping.  Written submissions should be forwarded to the Canada Border Services Agency,
Anti-dumping and Countervailing Directorate, SIMA Registry and Disclosure Unit, 11th floor, 100 Metcalfe Street, Ottawa, Ontario, K1A 0L8.  To be given consideration, this information should be received prior to the Closing of the Record date of January 20, 2014.  The revised Schedule for the President’s investigation is as follows:

Date Event
2013-12-06 Decision of the Federal Court of Appeal
2014-01-20 Closing of the Record
2014-01-27 Case Arguments due from all parties
2014-02-03 Reply Submissions due from all parties in respect of Case Arguments
2014-03-06 Final Determination or Termination of dumping investigation

As a result of the decision of the Federal Court of Appeal to set aside the final determination and refer the matter back to the President, provisional duties are reinstated pending a final determination of dumping or termination of the investigation by the President.  The importer of such goods shall pay, or cause to be paid, provisional duty or post security in the prescribed form.  Further details regarding the payment of provisional duty can be found in CBSA Memorandum D14-1-5 Procedures for Release of Goods Subject to Provisional Duty Under the Special Import Measures Act and for Control of Bonds Used to Secure Payment of Provisional Duty which is available on the CBSA’s Web site at:

The provisional duties payable on importations of subject goods are as follows:

Exporter (Korea) Provisional Duties Payable*
Hyundai Heavy Industries Co., Ltd 16.9%
Hyosung Corporation 17.4%
All Other Exporters of Subject Goods Originating in or Exported from Korea 72.7%

* As percentage of the export price.

To facilitate enforcement during the provisional period, importers must ensure that the import entry documentation submitted for customs release purposes, including entry documentation provided electronically, fully describes the subject goods being imported.  Failure to provide this information may result in an incorrect assessment of provisional duty and the application of penalties to the importer pursuant to the Administrative Monetary Penalty System (AMPS).

Any questions concerning the above should be directed to:

Ron McTiernan
Senior Program Officer
Consumer Products Division
Anti-dumping and Countervailing Directorate
Phone: 613-954-7271
Rand McNally
Consumer Products Division
Anti-dumping and Countervailing Directorate
Phone: 613-954-7261