(CBSA)
Dumping file #: 4214-12 • Dumping case #: AD/1358
This notice advises that on April 1, 2010, the Canada Border Services Agency (CBSA) concluded a re investigation of the normal values and the export prices of certain copper pipe fittings originating in or exported from the United States of America, the Republic of Korea and the People’s Republic of China pursuant to the Special Import Measures Act (SIMA). A complete product definition of the subject goods can be found in Appendix 1 to this notice.
The re-investigation was initiated on November 12, 2009, as part of the CBSA’s enforcement of the finding made by the Canadian International Trade Tribunal (Tribunal) on February 19, 2007.
At the initiation of the re-investigation, the CBSA sent Requests for Information (RFI) to exporters to obtain information on the costs and selling prices of subject goods and like goods. Specific normal values for future shipments have been determined for all exporters that provided a complete submission.
Exporters that have received normal values:
• United States
- Elkhart Products Corporation
- Interstate Assembly Systems
- Mueller Industries Inc.
- Nibco Inc.
• Republic of Korea
- Jungwoo Metal Ind. Co., Ltd.
• People’s Republic of China
- Zhuji City Howhi Air Conditioners Made Co., Ltd.
Where sufficient information was not available to determine a specific normal value, normal values for future shipments have been determined by ministerial specification, which is calculated by advancing the export price of the goods by 242%. For all exporters of subject goods not listed above, normal values will be determined by this ministerial specification.
Normal values will be effective for the subject goods released from the CBSA on or after April 1, 2010. All normal values previously in place expire on that date. In addition, the normal values determined on the basis of the re investigation will be applied to any entries of subject goods under appeal that have yet to be re-determined at the time of the conclusion of this re investigation.
This re-investigation was only in relation to dumping and does not change any amounts of subsidy already in place.
Exporters that already have specific amounts of subsidy:
• People’s Republic of China
- Tianli Pipe Fitting Co., Ltd.
- Zhuji City Howhi Air Conditioners Made Co., Ltd.
For all other exporters of subject goods from the People’s Republic of China, the amount of subsidy will be determined in accordance with a ministerial specification, and is equal to 17.73 Chinese Renminbi per kilogram.
It is the responsibility of importers to calculate and declare their anti dumping and countervailing duty liability. In order to determine their liability for anti-dumping duty and/or countervailing duty, 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. Customs brokers acting on the behalf of importers should be advised that the goods are subject to anti-dumping/countervailing action and be provided with sufficient information necessary to clear the shipments. For more information please refer to Memorandum D14-1-2, Disclosure of Normal Value and Export Price Established Under the Special Import Measures Act for Importers, on the CBSA Web site here.
The onus is on concerned parties to advise the CBSA in a timely manner of any changes to domestic prices, market conditions and/or costs associated with production and sales, as these changes could warrant retroactive assessments of anti-dumping and/or countervailing duty.
Should the importer disagree with the determination made on any importation of goods, a request for redetermination may be filed with the Director General, Anti-dumping and Countervailing Directorate, 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, Procedures for Making a Request for a Redetermination (an Appeal) of Goods Under the Special Import Measures Act.
Any questions concerning the above should be directed to:
Peter Dupuis: 613-954-7341; or Walid Ben Tamarzizt: 613-954-7265
