Certain Fabricated Industrial Steel Components
Dumping (China, South Korea and Spain) & subsidizing (China)

Measure in Force code (MIF code)
fisc
Product information

Product definition

The subject goods are defined as:

“Fabricated structural steel and plate-work components of buildings, process equipment, process enclosures, access structures, process structures, and structures for conveyancing and material handling, including steel beams, columns, braces, frames, railings, stairs, trusses, conveyor belt frame structures and galleries, bents, bins, chutes, hoppers, ductwork, process tanks, pipe racks and apron feeders, whether assembled or partially assembled into modules, or unassembled, for use in structures for:

  1. oil and gas extraction, conveyance and processing;
  2. mining extraction, conveyance, storage, and processing;
  3. industrial power generation facilities;
  4. petrochemical plants;
  5. cement plants;
  6. fertilizer plants;
  7. industrial metal smelters;

originating in or exported from the People’s Republic of China, the South Korea, and the Kingdom of Spain.”

Exclusions

Electrical transmission towers; rolled steel products not further worked; steel beams not further worked; oil pump jacks; solar, wind and tidal power generation structures; power generation facilities with a rated capacity below 100 megawatts; goods classified as “prefabricated buildings” under HS Code 9406.00.90.30; structural steel for use in manufacturing facilities used in applications other than those described above; and products covered by Certain Fasteners (RR-2014-001), Structural Tubing (RR-2013-001), Carbon Steel Plate (III) (RR-2012-001), Carbon Steel Plate (VII) (NQ-2013-005), and Steel Grating (NQ-2010-002).

The Canadian International Trade Tribunal (CITT) excludes, from its finding, goods exported by:

Exporter Exporter ID
Hanmaek Heavy Industries Co., Ltd. Exporter has not applied
Cintasa, S.A. Exporter has not applied

Furthermore, the Tribunal excludes from its finding goods imported within the 2017 calendar year by Andritz from Sinohydro for the Muskrat Falls hydro project in the province of Newfoundland and Labrador.

Furthermore, further to the decision of the Federal Court of Appeal dated February 28, 2020, which set aside the Canadian International Trade Tribunal’s finding dated May 25, 2017, insofar as it relates to the product exclusion requested by Fluor Canada Ltd., the product exclusion requested by Suncor Energy Inc. and Fort Hills Energy L.P., and the product exclusion requested by LNG Canada Development Inc., the Canadian International Trade Tribunal excludes the following goods from its finding, provided that these goods are subject goods:

  1. FISC which is contained in modules containing FISC and goods other than FISC (including but not limited to piping, industrial process equipment or machinery, cables and valves) that are interconnected and assembled together in a permanent manner, with the gross weight of each individual module exceeding 250 tonnes at the time of importation, and with the non-FISC elements accounting for at least 30% of the gross weight of the module at the time of importation, for use in projects located along the coastline of British Columbia
  2. assembled FISC, including structural supporting components, such as skids, columns, and bracing structures, where
    1. the FISC constitutes no more than 50% of the weight of any imported mechanical equipment or pressure equipment as herein defined
    2. the FISC weighs no more than 10,000 kg and
    3. the FISC is permanently attached to any of the following (although any finished unit may be partially disassembled at importation for the sole purpose of shipping)
      1. Mechanical equipment, meaning tested engineered mechanical equipment imported as a finished unit in its final operations configuration, designed to meet particular parameters of performance specified by the end user. Mechanical equipment includes but is not limited to hydraulic power units, air compressor units, pump houses and pump packages, tailings pump barges, dredges, transformers, lube, skids, prime movers, safety showers, chemical injection units, water and waste treatment units, aerial coolers, generator units, vacuum equipment and natural gas heater units
      2. Pressure Equipment: Pressure equipment means equipment that requires Alberta Boiler Safety Association (or other provincial equivalent) design registration, including pressure vessels, packaged boilers, heat exchangers, bullets and condensers
  3. FISC incorporated into any of the following
    1. An electrical house meaning a prefabricated walk-in modular outdoor enclosure to house medium voltage switchgear imported as a finished unit in its final operational configuration, where the electrical house meets Canadian Standards Association requirements prior to importation
    2. A skid-mounted sub-station meaning a prefabricated walk-in modular outdoor enclosure to house electrical switchgear imported as a finished unit in its final operational configuration, where the sub-station meets Canadian Standards Association requirements prior to importation
    but not excluding goods that meet the foregoing definition that also contain mechanical or process equipment.
Investigation information

The dates of the investigative proceedings and findings concerning this case are:

Action Date
Initiation of investigations September 12, 2016
Preliminary determination January 25, 2017
Final determination April 25, 2017
Canadian International Trade Tribunal Finding May 25, 2017
Scope ruling - Statement of Reasons - Woodfibre LNG Limited November 23, 2018
Scope ruling - Statement of Reasons - Shanghai Shuangyan Chemical Equipment Manufacturing Co., Ltd January 4, 2019
Canadian International Trade Tribunal - Re-determination and finding June 26, 2020
Scope ruling – Statement of Reasons – Enerkem Inc. August 14, 2020
Canadian International Trade Tribunal - Expiry
The Tribunal gives notice that, pursuant to paragraph 76.03(1)(a) of SIMA, the finding made by the Tribunal on May 25, 2017, in inquiry NQ‑2016‑004, as amended on June 26, 2020, in inquiry NQ‑2016‑004R, will expire on May 24, 2022.
Tariff classification numbers

The subject goods are usually classified under the following tariff classification numbers:

  • 7216.99.00.10
  • 7216.99.00.20
  • 7216.99.00.30
  • 7216.99.00.91
  • 7216.99.00.99
  • 7301.20.00.10
  • 7301.20.00.20
  • 7308.40.00.00
  • 7308.90.00.60
  • 7308.90.00.96
  • 7308.90.00.99
  • 7326.90.90.90
  • 8421.99.00.90
  • 8428.31.00.00
  • 8428.32.00.00
  • 8428.33.00.00
  • 8428.39.00.30
  • 8428.39.00.41
  • 8428.39.00.49
  • 8428.39.00.80
  • 8428.39.00.90

Please note that these classification numbers may apply to goods which are not subject to SIMA measures, may change because of amendments to the Departmental Consolidation of the Customs Tariff, or the subject goods may be imported under HS classification numbers that are not listed. Refer to the product definition for the authoritative details regarding the subject goods.

Duty liability
(Anti-dumping duties)

Country of origin or export: China, South Korea, and Spain

Information regarding the normal values of subject goods should be obtained from the exporter. The following table identifies the exporters who currently have been issued normal values:

Country Exporter Exporter ID Cooperative since Last revised
China Baosteel Construction Co., Ltd. Exporter has not applied
Modern Heavy Industries (Taicang) Co., Ltd. 769614801RM0001
United Steel Structures Ltd. 738503002RM0001
South Korea SK Engineering & Construction Co., Ltd. Exporter has not applied

For importations of subject goods originating in/or exported from China, South Korea and Spain for which the exporter has not been issued its own normal values, the anti-dumping duty is equal to 45.8% of the export price.

Duty liability
(Countervailing duties)

Country of origin or export: China

The following table identifies the exporters who currently have a specific amount of subsidy:

Exporter Exporter ID Amount of Subsidy CNY / TNE Cooperative since Last revised
Baosteel Construction Co., Ltd. Exporter has not applied 151.7
Modern Heavy Industries (Taicang) Co., Ltd. 769614801RM0001 607.66
United Steel Structures Ltd. 738503002RM0001 675.47

For importations of subject goods originating in/or exported from China for which the exporter has not been issued its own amount of subsidy, the countervailing duty is equal to 11,656.06 Renminbi per metric tonne.

Disclosure of Normal Values and Amounts of Subsidy

The liability for anti-dumping and countervailing duty results from the proceedings conducted under SIMA and from the finding of the CITT. Information regarding the normal value and amount of subsidy of the subject goods in question and the amount of anti-dumping and countervailing duty payable should be obtained from the exporter. Related information may be made available to importers on a need-to-know basis in accordance with the provisions of Memorandum D14-1-2, Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established Under the Special Import Measures Act.

For information on duty assessment, refer to the Guide for self-assessing SIMA duties.

Information Required on Customs Documents

The import documentation should include the information listed below. Failure to provide this information may result in the application of penalties to the importer, pursuant to the Administrative Monetary Penalty System (AMPS).

The import documentation should clearly indicate the following:

  • Confirmation whether the product is subject to provisional duties
  • Name and address of producer/manufacturer
  • Location of plant/mill of production
  • Place from which direct shipment to Canada began
  • Name and address of vendor (if different from the producer)
  • Country of origin
  • Country of export
  • Canadian customer’s name and address
  • Canadian importer’s name and address (if different from the customer)
  • Full product description of the goods, including:
    • name of project
    • product number
    • product description
    • product type
    • shape of material
    • weight
    • grade
    • coating
    • other relevant characteristics
  • Date of sale, date of shipment
  • Quantity (state unit of measure)
  • Unit selling price and total selling price to importer in Canada
  • Currency of settlement used (e.g. US$, CDN$, etc.)
  • Terms and conditions of sale (e.g. FOB, CIF, etc.)
  • All costs, expenses, and charges incurred by the exporter and vendor in the shipment of the subject goods to Canada (includes inland and ocean freight, insurance, duties, port and handling charges, etc.) and,
  • The amount of any export taxes applicable to the goods.
Appeal decisions relating to subjectivity

Summaries of appeal decisions made by the CBSA respecting whether an imported good is subject to this measure in force can be found on the SIMA Appeals page.

Email for duty assessment questions

Trade_Programs-Programmes_commerciaux@cbsa-asfc.gc.ca

Important: Prior to submitting a subjectivity opinion request, please review the “detailed product information”. Each request must be supported with essential information including, but not limited to, pictures, mill certificates, measurements, origin of the goods, etc. in relation to the specific product in question.

Failure to provide sufficient information will result in a rejection of the request by the CBSA.

CBSA reference number(s)
  • FISC 2016 IN
CITT reference number(s)
  • PI 2016-003
  • NQ-2016-004
Date modified: