RB1 2018 UP COLAKOGLU
Concrete Reinforcing Bar
Notice of Conclusion of Normal Value Review
Ottawa, December 18, 2018
The Canada Border Services Agency (CBSA) has today concluded a normal value review to update the normal values and export prices applicable to certain concrete reinforcing bar (rebar) exported to Canada from Turkey by Çolakoğlu Metalurji A.S. (Çolakoğlu).
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 January 9, 2015, respecting the dumping of certain concrete reinforcing bar from China, Korea, and Turkey and the subsidizing of certain concrete reinforcing bar 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 finding are contained in Appendix 1 (subject goods).
Normal Values for Future Shipments
Specific normal values for future shipments of certain rebar have been determined for the participating exporter, Çolakoğlu. These normal values are effective today, December 18, 2018. 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 include: deficiencies and completeness of exporter’s response and adjustments to normal values due to rebar price fluctuations and the declining value of the Turkish Lira. The information submitted in these documents was given due consideration by the CBSA prior to the conclusion of this normal value review. The information on the record shows a volatile exchange rate for the Turkish Lira and high levels of inflation in Turkey. To address these factors the CBSA issued the normal values to Çolakoğlu in U.S. Dollars.
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.
Officers' names and contact information:
- Robert Wright: 613-954-1643
- Valerie Ngai: 613-954-7410
Appendix 1 - Product Definition
Subject goods are defined as:
Hot-rolled deformed steel concrete reinforcing bar in straight lengths or coils, commonly identified as rebar, in various diameters up to and including 56.4 millimeters, in various finishes, excluding plain round bar and fabricated rebar products, originating in or exported from the People’s Republic of China, the Republic of Korea and the Republic of Turkey.
10-mm-diameter (10M) rebar produced to meet the requirements of CSA G30 18.09 (or equivalent standards) and coated to meet the requirements of epoxy standard ASTM A775/A 775M 04a (or equivalent standards) in lengths from 1 foot (30.48 cm) up to and including 8 feet (243.84 cm).
Tariff Classification Numbers
The subject goods are normally classified under the following 10-digit Tariff classification numbers:
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