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Notice of conclusion of export price review: Aluminum extrusions (AE 2024 UP1)

Ottawa,

The Canada Border Services Agency (CBSA) has today concluded a review of the export prices (review) of certain aluminum extrusions originating in or exported from China by Guangdong Luoxiang Aluminium Co., Ltd. (GLA).

The review is part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s (CITT) order issued on January 13, 2020, in Expiry Review No. RR-2018-008, respecting the dumping and subsidizing of certain aluminum extrusions originating in or exported from China, in accordance with the Special Import Measures Act (SIMA).

The product definition and the applicable tariff classification numbers of the goods subject to the CITT’s order (subject goods) can be found on the CBSA’s Measures in force.

Period of investigation

For this review, the period of investigation (POI) was from August 1, 2023 to July 31, 2024.

Export price review process

At the initiation of this review, on August 12, 2024, the CBSA sent a request for information (RFI)Footnote 1 to the exporter, GLA, in order to solicit information on the selling prices and all costs, charges and expenses resulting from the exportation of subject goods. GLA was requested to forward the importer RFIFootnote 2 to their importers. The information was requested for the purpose of updating export prices applicable to subject goods exported by GLA.

The exporter submitted a response to the RFIFootnote 3 as well as all supplemental requests for information (SRFIs)Footnote 4. The responses to the exporter RFI as well as SRFIs were considered substantially complete for purposes of this review.

All-Vik Products Inc. provided a response to the importer RFI. However, their submission was rejected due to disclosure-related deficienciesFootnote 5.

As part of this review, a representationFootnote 6 and a case briefFootnote 7 were submitted by counsel on behalf of the Canadian producers.

Representations and case briefs

Through their representation and case brief, counsel on behalf of the Canadian producers argued that GLA’s response to the exporter RFI may include non-subject goods, and submitted that the CBSA should terminate the export price review and direct the exporter to obtain a scope ruling.

GLA clarified in response to their SRFIs that they did not sell subject goods during the POI.

Export prices for future shipments

As GLA did not ship any subject goods to Canada during the POI, a specific export price deduction for future shipments of subject goods has not been determined for GLA.

Therefore, for their future shipments of subject goods, GLA must provide information relating to all costs, charges and expenses resulting from the exportation of the goods to Canada, in order for the calculation of section 24 export prices. The resulting export prices will be compared to the normal values to determine if anti-dumping duties are applicable.

Exporter responsibility

All parties are cautioned that, where there are increases in domestic prices and/or costs, the export price 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 do not adjust export prices accordingly, retroactive assessments of anti-dumping duties may be warranted. Please refer to the CBSA’s Memorandum D14-1-8: Re-investigation and Normal Value Review Policy – Special Import Measures Act for details.

Importer responsibility

Importers are reminded that it is their responsibility to calculate and declare their anti-dumping and countervailing duty liabilities. 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 SIMA measures and be provided with sufficient information necessary to clear the shipments. To determine their anti-dumping and countervailing liabilities, importers should contact the exporter(s) to obtain the applicable normal values. 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.

The Customs Act (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.

Contact us

  • Telephone:
  • Wu Ping Wei: 343-553-1642

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

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