OCTG1 2021 SP: Oil country tubular goods
Notice of amended scope ruling

Ottawa,

Today, the Canada Border Services Agency (CBSA) concluded its review of the scope ruling regarding insulated tubing (IT) and vacuum insulated tubing (VIT) originating in or exported from China. To give effect to the Canadian International Trade Tribunal’s (CITT) decision in accordance with subsection 67(1) of the Special Import Measures Act (SIMA), the CBSA has amended its scope ruling made on September 6, 2019, pursuant to subsection 67(3) of SIMA.

Background

On May 10, 2019, following an application for a scope ruling from Western Alliance Tubulars Ltd. and Victoria International Tubular Corporation (collectively, “WAT”), as to whether IT/VIT are subject to the CITT’s findings concerning the dumping an subsidizing of Seamless Casing and oil country tubular goods (OCTG I) originating in or exported from China, the CBSA initiated a scope proceeding with respect to IT/VIT, pursuant to subsection 63(8) of SIMA.

On September 6, 2019, the CBSA made its scope ruling. The CBSA determined, pursuant to subsection 66(1) of SIMA, that IT/VIT are not subject to the CITT’s findings in Seamless Casing and OCTG I.

On December 4, 2019, WAT and Algoma Tubes Inc., Prudential Steel ULC and Tenaris Global Services (Canada) Inc. (collectively, “Tenaris”) appealed the scope ruling pursuant to subsection 61(1.1) of SIMA.

On September 2, 2021, in its Decision and Reasons regarding the appeals No. EA‑2019‑006 and EA‑2019‑007, the CITT found that the goods in issue are of the same description as goods subject to the CITT’s OCTG I finding. The finding of the CITT is final and conclusive.

Decision

To give effect to the CITT’s decision in appeals No. EA‑2019‑006 and EA‑2019‑007 in accordance with subsections 67(1) and (3) of SIMA, the CBSA has today made the following amendment to its the original scope ruling :

The goods (IT/VIT), which are the subject of Western Alliance Tubulars Ltd.’s application, are subject to the CITT’s OCTG I finding.

Further, by amending the original scope ruling, the revised decision is deemed to take effect on the day the original ruling was made, September 6, 2019. Therefore, IT/VIT originating in or exported from China released into Canada on or after September 6, 2019, are subject to the CITT’s OCTG I finding.

Retroactive duty

Anti‑dumping and/or countervailing duties may be applicable retroactively on subject IT/VIT originating in or exported from China released from the CBSA on or after September 6, 2019 pursuant to subsection 59(1)(d).

After an assessment of anti‑dumping and/or countervailing duties has been made, SIMA provides for several levels of re‑determinations and appeals. These requests must be filed in the form and manner outlined in Customs Memorandum D14‑1‑3, Procedure for Making a Request for a Re‑Determination or an Appeal of Goods under the Special Import Measures Act, and must be received within 90 days from the date of the assessment.

Inquiries related to the application of duty on IT/VIT imported into Canada, may be directed to:

Email: Trade_Programs‑Programmes_commerciaux@cbsa‑asfc.gc.ca

Information

Inquiries related to the amended scope ruling may be directed to:

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

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