The Canada Border Services Agency (CBSA) has today initiated a re-investigation to update the normal values and export prices, in accordance with the Special Import Measures Act (SIMA), respecting certain copper pipe fittings (CPF) originating in or exported from the United States, South Korea, and China, and the amounts of subsidy of certain CPF originating in or exported from China.
The product definition and the applicable tariff classification numbers of the goods subject to the Canadian International Trade Tribunal’s (CITT) finding can be found on the CBSA’s Measures in force.
The re-investigation is part of the ongoing enforcement of the CITT’s findings of material injury issued on . The findings were subsequently reviewed and continued, without amendment, by order dated .
A re-investigation schedule is now available.
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 request for information (RFI) by . An exporter will be considered co-operative 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 242% 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 17.73 Chinese Renminbi per kilogram in accordance with a ministerial specification pursuant to subsection 30.4(2) of SIMA.
Exporters that are not the manufacturer of the subject goods will receive normal values and specific amounts of subsidy only to the extent that their suppliers/manufacturers provide sufficient information to permit the determination of normal values, export prices and amounts of subsidy.
Please note that, for the current re-investigation, the CBSA is contacting all known and potential exporters. Any importers or exporters who have not received a letter from the CBSA with the accompanying RFIs, and wish to provide a response to the RFIs are advised to contact one of the officers identified below to obtain a copy of the RFIs. It is suggested that importers contact their exporter(s) to determine if the exporter(s) intend to cooperate with the CBSA in this re-investigation.
Responses to the Importer RFI are due by . Importers are cautioned that new normal values and 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 countervailing duties. Importers are also cautioned that unless an exporter co-operates in this re-investigation and receives specific normal values and 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.
Where applicable, the normal values, export prices and amounts of subsidy determined as a result of this re-investigation may be applied retroactively. Exporters with normal values and amounts of subsidy are required to promptly inform the CBSA in writing of changes to domestic prices, costs, market conditions, terms of sale or amounts of subsidy received that are 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, export prices or amounts of subsidy, retroactive assessments of anti-dumping duty or countervailing duty may be warranted. Please refer to the CBSA’s re-investigation and normal value review policy (Memorandum D14-1-8) for details.
- Gladys Chau: 343-553-1638
- Alexander Ferracuti: 343-553-1890
- Date modified: