UDS 2022 UP4: Upholstered domestic furniture
Notice of normal value review
The Canada Border Services Agency (CBSA) has today initiated a normal value review (review) to update all normal values and export prices applicable to certain upholstered domestic furniture (UDS) originating in Vietnam and exported from the United States by Ashley Furniture Industries, LLC to Canada.
The review follows a request for re‑determination filed by an importer and is part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s (CITT) order issued on September 2, 2021, respecting the dumping and subsidizing of UDS from China and Vietnam 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 are contained in Appendix 1 (subject goods).
Should the exporter decide to participate in this review, it is required to provide complete and accurate response to the CBSA’s Request for Information (RFI) by June 22, 2022. The exporter will be considered cooperative if the requested information is complete, submitted on time and the exporter permits verification of the data.
If the exporter does not provide complete response to the RFI by the deadline date, the normal values and export prices applicable to the subject goods under review will be determined pursuant to the ministerial specification.
The schedule for this normal value review is now available. The CBSA will close the record for this review at any time during the proceeding, without advance notice, once it has been determined that sufficient information has been received to make a decision. Therefore, interested parties are encouraged to provide any and all information that they feel is relevant to this review to the CBSA as early as possible. The CBSA will update the website to announce that the record has been closed. Interested parties will have seven days from the close of the record to file case arguments concerning the review and 14 days from the close of the record to file reply submissions in respect of the case arguments.
The normal values and export prices determined as a result of this review will be applied to settle the requests for re‑determination on hand and may be applied to any requests for re‑determination of importations of subject goods that have not been processed. The normal values and export prices determined for the exporter will also be effective for the applicable subject goods released from the CBSA on or after the date of the conclusion of the review.
Where applicable, the normal values and export prices determined as a result of this review may be applied retroactively. 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 duty may be warranted. Please refer to the CBSA’s re‑investigation and normal value review policy (Memorandum D14‑1‑8).
Any questions concerning the above should be directed to:
- Nalong Manivong: 343‑549‑0429
Appendix 1—product definition
Subject goods definition
“Upholstered seating for domestic purposes originating in or exported from the People’s Republic of China and the Socialist Republic of Vietnam, whether motion (including reclining, swivel and other motion features) or stationary, whether upholstered with a covering of leather (either full or partial), fabric (including leather‑substitutes) or both, including, but not limited to seating such as sofas, chairs, loveseats, sofa‑beds, day‑beds, futons, ottomans, stools and home‑theatre seating.
- Stationary (i.e. non‑motion) seating upholstered only with fabric (rather than leather), even if the fabric is a leather‑substitute (such as leather‑like or leather‑look polyurethane or vinyl)
- dining table chairs or benches (with or without arms) that are manufactured for dining room end‑use, which are commonly paired with dining table sets
- upholstered stools with a seating height greater than 24 inches (commonly referred to as “bar stools” or “counter stools”), with or without backs, and/or foldable
- seating manufactured for outdoor use (e.g. patio or swing chairs)
- bean bag seating and
- foldable or stackable seating
For greater certainty, the product definition includes:
- Upholstered motion seating with reclining, swivel, rocking, zero‑gravity, gliding, adjustable headrest, massage functions or similar functions
- seating with frames constructed from metal, wood or both
- seating produced as sectional items or parts of sectional items
- seating with or without arms, whether part of sectional items or not and
- foot rests and foot stools (with or without storage)”
On September 2, 2021, the Canadian International Trade Tribunal excluded the following products from its finding:
- Specialized reclining massage chairs, not intended to be used for general seating purposes, with padded seat, headrest, back, and footrest, and containing built‑in motorized mechanical components that operate by way of computerized controls to provide a full body massage for a single person, including to the head and/or neck, shoulders, back, buttocks, arms, and legs and/or feet
- Medical lift chairs containing electric motion mechanisms and motorized positioning controls, designed to carefully lift, lower and tilt (by raising or lowering the base and back of the seating) the occupant, and otherwise adjust the occupant’s seating position by adjusting one or more of the headrest, footrest, and seat; designed, manufactured, and tested to meet or exceed the requirements of Health Canada’s Medical Devices Regulations (SOR/98‑282) applicable thereto and conforming with the following, or equivalent, standards and testing methodologies: EN12182, ANSI/AAMI/ISO10993, ANSI/AAMI/ES60601‑1, CAL117, BSEN1021, ISO8191, ANSI/AAMI/ES60601‑1‑2, ISO14971
- Height‑adjustable ergonomic gaming chairs for use with a desk and intended to be used primarily while playing video games, upholstered in leather or a leather‑substitute, with armrests, headrests, lumbar support pillows, five‑star swivel bases, and wheels or castors
Tariff classification numbers
The importation of the subject goods are usually 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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