CPF 2019 RI
Certain Copper Pipe Fittings
Notice of Conclusion of Re-investigation

Ottawa, June 28, 2019

The Canada Border Services Agency (CBSA) has today concluded a re-investigation of the normal values and export prices respecting certain copper pipe fittings from the United States, South Korea and China and the amounts of subsidy of certain copper pipe fittings from China, in accordance with the Special Import Measures Act (SIMA).

This re-investigation was initiated on January 31, 2019, as part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s order dated November 28, 2016.

The product definition as well as additional product information and the applicable tariff classification numbers of the goods subject to the CITT’s order are contained in Appendix 1. Additional product information explaining which products are subject to duties and which products are not subject to duties is also provided in the appendix.

At the initiation of the re-investigation, the CBSA sent Requests for Information (RFI) to importers, exporters, vendors, and the Government of China to solicit information on the costs and selling prices of subject and like goods as well as any subsidy programs that may be applicable to subject goods.

The information was requested for purposes of updating the normal values, export prices and amounts of subsidy for subject goods imported into Canada.

Specific normal values, export prices and amounts of subsidy for future shipments of certain copper pipe fittings have been determined for all exporters that submitted a complete response to the Dumping RFI, Subsidy RFI, to the Supplemental RFIs and for whom the desk and/or on-site verification was considered reliable.

The exporters that have received specific normal values effective June 28, 2019 are:

For all other exporters of subject goods from the United States, South Korea and China, normal values will be determined by ministerial specification. The normal values for future shipments determined by ministerial specification are calculated by advancing the export price of the goods by 242%, pursuant to section 29 of SIMA.

Amount of subsidy for co-operative exporters effective June 28, 2019:

For all other exporters of subject goods from China, the amount of subsidy will be determined in accordance with a ministerial specification, and is equal to 17.73 Chinese Renminbi per kilogram.

Normal values and amounts of subsidy will be effective for the subject goods released from the CBSA on or after June 28, 2019. All normal values and amounts of subsidy previously in place expire on this 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.

Case arguments were received from counsel representing a cooperative exporter. The main focus of these submissions involved customer selection for purposes of the profitability test, the industry profit for purposes of section 25 of SIMA reliability test and export deduction for purposes of future enforcement. The information submitted in these case arguments was given due consideration by the CBSA.

Please note that 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 or countervailing duties may be warranted.

Importers are reminded that it is their responsibility to calculate and declare their anti-dumping and countervailing duty liability. If importers are using the services of a customs broker to clear importations, the brokerage firm should be advised that the goods are subject to anti-dumping and countervailing measures and be provided with sufficient information necessary to clear the shipments. To determine their liability for anti-dumping and countervailing duty, importers should contact the exporters to obtain the applicable normal values and amounts of subsidy. For further information on this matter, refer to Memorandum D14-1-2, Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established Under the Special Import Measures Act to Importers, on the CBSA’s website at: www.cbsa-asfc.gc.ca/publications/dm-md/d14-eng.html.

The Customs Act applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti-dumping and countervailing duties. As such, failure to pay the 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 re-determination may be filed with the Director General, Trade and Anti-dumping Programs Directorate, 11th Floor, 100 Metcalfe St., 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, on the CBSA’s website at: www.cbsa-asfc.gc.ca/publications/dm-md/d14-eng.html.

Appendix 1

Product Definition

The subject goods are defined as:

The following information is to be taken into consideration in identifying copper pipe fittings (subject goods) subject to anti-dumping and countervailing duties as a result of the findings issued by the Canadian International Trade Tribunal (CITT) on February 19, 2007, and continued, without amendment, by order dated February 17, 2012 and continued, with amendment, by order dated November 28, 2016:

1. The subject goods are identified in terms of imperial measurement, i.e. inches. The subject goods also encompass the metric equivalents of the imperial measurement. The term metric equivalent refers to those fittings that are soft converted equivalents of the imperial sized fittings and does not include fittings made specifically in metric dimensions.
2. Subject goods are identified either as a wrought product or as a cast product.
3. The subject goods are identified in terms of nominal size. Plumbing and heating fittings are marked according to nominal sizes that correspond to the inside diameters, while fittings for air conditioning and refrigeration are based on actual outer diameter sizes. The subject goods can also be described in terms of their outside diameter size. To determine the nominal size of a fitting that is measured in terms of its outside diameter size, always subtract 1/8” from the outside diameter size.
4. The subject goods are identified using abbreviated terms. The following is a list of the terms:

In place of listing the entire range of copper pipe fittings, in excess of 1,100 models, please refer to http://www.citt-tcce.gc.ca/en/node/7905.

Tariff Classification Number

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

1. 7412.10.00.11
2. 7412.10.00.19
3. 7412.10.00.90
4. 7412.20.00.11
5. 7412.20.00.12
6. 7412.20.00.19
7. 7412.20.00.90

The tariff classification numbers are for convenience of reference only. Refer to the product definition for authoritative details regarding the subject goods.

Date modified:

2019-10-03