OCTG2 2018 UP HLD CLARK
Oil Country Tubular Goods
Notice of Conclusion of Normal Value Review
Ottawa, February 11, 2019
The Canada Border Services Agency (CBSA) has today concluded a normal value review to update the normal values and export prices applicable to certain oil country tubular goods (OCTG) exported to Canada from the Philippines by HLD Clark Steel Pipe Co. Inc. (HLD Clark).
The normal value review is part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s (CITT) finding of a threat of injury issued on April 2, 2015, respecting the dumping of certain OCTG from several countries including the Philippines, 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 finding are contained in Appendix 1 (subject goods).
Normal Values for Future Shipments
Specific normal values for future shipments of certain OCTG have been determined for the participating exporter, HLD Clark. These normal values are effective today, February 11, 2019. The normal values and export prices determined as a result of this review may be applied to any requests for re-determination of importations of subject goods that have not been processed prior to the conclusion of this normal value review, regardless of the date that the requests were received. The normal values and export prices determined as a result of this review may be applied retroactively where the conditions described below are met.
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.
During the course of the normal value review, representations and case arguments were received on behalf of counsel for the Canadian producers. Issues raised in these submissions included allegations that the purchase price of hot-rolled coils reported by HLD Clark are unreliable, concerns with how amount for profits are determined and the commercial arrangement between HLD Clark and an unrelated party. The information submitted in this process was given due consideration by the CBSA prior to the conclusion of this normal value review. Through a desk-audit verification, the CBSA conducted a detailed review and analysis of the information provided by HLD Clark and is satisfied with the accuracy and reliability of the information provided.
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 SIMA measures and be provided with sufficient information necessary to clear the shipments. In order to determine their anti-dumping and countervailing duty liability, importers should contact their suppliers who can provide information on normal values and amounts of subsidy. Under limited circumstances, the CBSA may make this information available to importers. Please refer to Memorandum D14-1-2, Disclosure of Normal Values Export Prices, and Amounts of Subsidy established under the Special Import Measures Act, for more information.
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 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, Re-determinations and Appeals under the Special Import Measures Act.
- Aaron Maidment: 613-948-4415
- Andrew Manera: 613-946-2052
Appendix 1 - Product Definitions
Subject goods are defined as:
“Oil country tubular goods, which are casing, tubing and green tubes made of carbon or alloy steel, welded or seamless, heat-treated or not heat-treated, regardless of end finish, having an outside diameter from 2 ⅜ inches to 13 ⅜ inches (60.3 mm to 339.7 mm), meeting or supplied to meet American Petroleum Institute (API) specification 5CT or equivalent and/or enhanced proprietary standards, in all grades, excluding drill pipe, pup joints, couplings, coupling stock and stainless steel casing, tubing or green tubes containing 10.5 percent or more by weight of chromium, originating in or exported from Chinese Taipei, the Republic of India, the Republic of Indonesia, the Republic of the Philippines, the Republic of Korea, the Kingdom of Thailand, the Republic of Turkey, Ukraine and the Socialist Republic of Vietnam.”
Tariff Classification Numbers
The subject goods described above are normally, but not exclusively, classified under the following tariff classification numbers:
This listing of tariff classification numbers is for convenience of reference only. Refer to the product definition for authoritative details regarding the subject goods.
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