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Final Determination - Stainless Steel Round Bar
OTTAWA,
August 5, 1998
4258-103
Statement of Reasons
Concerning the making of a final determination of dumping regarding
CERTAIN STAINLESS STEEL ROUND BAR
ORIGINATING IN OR EXPORTED FROM
THE FEDERAL REPUBLIC OF GERMANY, FRANCE, INDIA, ITALY,
JAPAN, SPAIN, SWEDEN, TAIWAN AND THE UNITED KINGDOM.
Decision
Pursuant to paragraph 41(1)(a) of the
Special Import Measures Act, the Deputy Minister of National Revenue has, on this date, made a final determination of dumping respecting certain stainless steel round bar originating in or exported from the Federal Republic of Germany, France, India, Italy, Japan, Spain, Sweden, Taiwan and the United Kingdom.
This Statement of Reasons is also available in French.
Cet énoncé des motifs est également disponible en français.
Statement of Reasons
SUMMARY
On December 23, 1997, the Deputy Minister of National Revenue initiated an investigation respecting the alleged injurious dumping into Canada of certain stainless steel round bar originating in or exported from the Federal Republic of Germany, France, Italy, Japan, Spain, Sweden, Taiwan and the United Kingdom.
On March 6, 1998, the Deputy Minister of National Revenue initiated a second investigation respecting the alleged injurious dumping into Canada of the same product originating in or exported from India.
These investigations were initiated in response to two separate complaints filed by Atlas Specialty Steels, a division of Sammi Atlas Inc. of Welland, Ontario (now Atlas Steels Inc).
On May 7, 1998, the Deputy Minister joined the investigations and made a preliminary determination of dumping with respect to the subject goods from the nine countries.
The investigation continued after the preliminary determination and the Deputy Minister is now satisfied that the subject goods have been dumped, that the margins of dumping are not insignificant, and that the actual volumes of dumped goods are not negligible. Accordingly, the Deputy Minister has made a final determination of dumping in accordance with paragraph 41(1)(a) of the
Special Import Measures Act (SIMA).
INTERESTED PARTIES
Complainant
The complainant is Atlas Steels Inc. (formerly Atlas Specialty Steels) of Welland, Ontario ("Atlas"). The company is the only producer of stainless steel round bar in Canada.
Exporters
The Department has identified 38 exporters of subject goods. The names and addresses of these exporters are listed in Appendix 1.
Importers
The Department has identified 40 importers of subject goods. The names and addresses of these importers are listed in Appendix 2.
BACKGROUND
On December 23, 1997, an investigation was initiated respecting certain stainless steel round bar from the Federal Republic of Germany, France, Italy, Japan, Spain, Sweden, Taiwan and the United Kingdom. Atlas provided evidence to support its allegations of dumping of the subject goods from the named countries and the resultant injury to its production.
On January 14, 1998, counsel for British Steel Canada Inc. (Montréal) and British Steel Alloys (Vancouver) referred to the Canadian International Trade Tribunal (Tribunal) the question of whether the evidence before the Deputy Minister of National Revenue disclosed a reasonable indication that the subject goods originating in or exported from the United Kingdom had caused material injury or were threatening to cause material injury to the domestic industry. On February 13, 1998, the Tribunal ruled that there was a reasonable indication that the dumping of subject goods from all the named countries has caused or is threatening to cause material injury to Atlas.
On March 2, 1998, pursuant to paragraph 39(1)(d) of SIMA, the Deputy Minister extended the time period for completing the preliminary investigation from 90 days to 135 days. The investigation was extended due to the difficulty in determining the volume of dumped goods which was being imported from the countries named in the investigation, and from other exporting countries. This was an important issue as some of the named countries appeared to have low volumes of exports to Canada and the Department is required to terminate the investigation against countries whose export volumes are below a certain threshold. The results of the analysis of import volumes are detailed later in this report.
On March 6, 1998, an investigation was initiated respecting the same stainless steel round bar from India in response to a second complaint submitted by Atlas on February 24, 1998.
On May 7, 1998, the Deputy Minister joined the investigations pursuant to section 38 of the
Special Import Measures Regulations (SIMR) and made a preliminary determination of dumping with respect to the subject goods from the nine countries pursuant to subsection 38(1) of SIMA.
PRODUCT INFORMATION
- Definition
For the purpose of this investigation, the subject goods are defined as:
stainless steel round bar of sizes 25 mm diameter up to 570 mm diameter inclusive, originating in or exported from
the Federal Republic of Germany, France, India, Italy, Japan, Spain, Sweden, Taiwan and the United Kingdom.
- Product Description
The subject goods include all grades of stainless steel round bar in cut lengths, with various diameters, and with a variety of surface finishes.
Common characteristics of the subject goods include bar that may be hot rolled or forged only; hot rolled or forged and annealed; hot rolled or forged and annealed and descaled or bar turned, rough turned or lathe turned; cold drawn whether smooth turned/rough ground, centreless ground or centreless ground and polished; or hot rolled and bar turned and smooth turned/rough ground or centreless ground or centreless ground and polished.
Stainless steels are corrosion resistant and/or heat resistant steels which contain, by weight, a maximum carbon content of 1.2 per cent and a minimum chromium content of 10.5 per cent. There are many individual chemical analyses or grades for stainless steels. These analyses typically include other alloying elements besides chromium (such as nickel and molybdenum, among others) and are tailored to meet the mechanical and/or physical properties of particular end-use applications. The most popular analyses of stainless steel bar are AISI (American Iron & Steel Institute) types 303, 304, 304L, 316, 316L, 410, 416, 420, 430F, and the 630 or
17Cr-4Ni precipitation hardening grade.
In January 1998, the Department received a request from an exporter in Sweden for a ruling on the question of whether stainless tool steel was subject to the investigation. Tool steel is a term applied to steel products which include elements that increase the hardenability, wear-resistance and heatresistance of the steel, and which are used to produce tools or moulds for plastic applications. In general, tool steels, whether stainless or other alloy, are not covered by the definition of subject goods.
- Use of the Subject Goods
Stainless steel round bar is used in a variety of production and maintenance applications which require resistance to corrosion and/or heat. Consequently, stainless steel round bar finds application in a variety of industries including pulp and paper, power generation, petro-chemical, oil and gas, valves and fittings, automotive and transportation. Round bars are used for a variety of applications including valve bodies, various mixer shafts and pump shaft applications.
Due to the corrosive and/or high heat environments in which stainless steel is employed, substitute or alternate goods are not available. As indicated above, stainless steel is classified and sold by AISI chemical analysis numerical designations. Once these analyses are met, the resulting product is fungible and the most important factor in purchasing decisions is price. The imported goods from all named countries are fully substitutable for Atlas' stainless steel round bar.
CLASSIFICATION OF IMPORTS
The subject stainless steel round bar is properly classified under the following Harmonized System classification numbers as of January 1, 1998:
7222.11.00.11
7222.11.00.21
7222.20.10.11
7222.20.10.21
7222.20.90.11
7222.20.90.21
7222.30.00.11
7222.30.00.21
Prior to January 1, 1998, these products were properly classified under the following Harmonized System classification numbers:
7222.11.00.11
7222.11.00.21
7222.20.00.11
7222.20.00.21
7222.30.00.11
7222.30.00.21
THE CANADIAN INDUSTRY
The complaints were filed by Atlas Specialty Steels, a division of Sammi Atlas Inc., the Canadian holding company for the Sammi Group of Seoul, South Korea.
In March 1998, Atlas Specialty Steels completed a restructuring process and emerged from court protection under the
Companies' Creditors Arrangement Act with new ownership. The company, which is now known as Atlas Steel Inc., is a producer of specialty steels and is Canada's sole manufacturer of stainless steel round bar. The company was founded in 1928 at Welland, Ontario, where it currently employs approximately 1,000 workers.
THE CANADIAN MARKET
In the complaints, Atlas had provided estimates of the size of the Canadian market for 1994 to 1997, based on its domestic sales plus information from Statistics Canada on imports of the described goods. These statistics were determined to be the best information available at the time the Department initiated the investigations.
For purposes of the final determination, the Department examined customs' entries for the period October 1, 1996 to September 30, 1997, to obtain a more accurate picture of the volume of imports of the subject goods from the named countries and for goods of the same description from other exporting countries.
Information on the total size of the Canadian market cannot be divulged because it could reveal the complainant's confidential sales data.
During the period reviewed by the Department, approximately 63.5 per cent of the total imports of the described goods into Canada came from the named countries. The results of this review indicated that overall the statistics on import volumes used at the time of the initiation of the investigations were reasonably accurate. Appendix 3 provides details of the importations during the review period.
RESULTS OF THE INVESTIGATION
In conducting its investigation, the Department requested identified exporters and importers to provide sales and cost information necessary to determine the normal values and export prices of the subject goods. The dumping investigation covered all shipments of subject goods to Canada during the period of investigation (POI) from October 1, 1996, to September 30, 1997, from all the named countries except India. The POI for India was October 1, 1996 to February 28, 1998. The period for India was extended to include the most current shipments.
Complete responses to the Department's request for information were received from one exporter in Italy and Sweden, three exporters in India and one exporter of goods of Italian origin from the United States.
Normal values and export prices for these exporters are discussed below.
Normal values for the goods shipped to Canada are determined on the basis of comparable domestic market sales of like goods under section 15 of SIMA. When the domestic sales are profitable, the normal value is the amount for which goods are generally sold in the country of export.
For those products which are not sold domestically or not sold at a profit, normal values are determined pursuant to paragraph 19(b) of SIMA, on the basis of the full cost of the product plus a reasonable amount for profit which is determined pursuant to sections 11 and 13 of SIMR.
Export prices are normally determined under section 24 of SIMA based on the exporter's selling price less any export charges.
When the export price is less than the normal value, the difference is the margin of dumping. In this section, the margins of dumping are expressed as a percentage of normal value.
1. Italy
1.1 Acciaierie Valbruna s.r.l
Acciaierie Valbruna s.r.l. ("Valbruna"), which exported subject goods to Canada during the POI, provided the Department with a complete submission and verification meetings were held at the firm's premises in Vicenza, Italy. Subsequent to the preliminary determination, Valbruna made representations on several issues pertaining to the establishment of normal value and export price.
(a) Normal Value
All products exported to Canada were produced at Valbruna's plant in Vicenza.
For all products sold in the domestic market at a profit, normal values were determined on the basis of the weighted average selling price of like goods to unrelated customers pursuant to section 15 of SIMA. Downward adjustments were made to these selling prices pursuant to the relevant sections of the SIMR: an adjustment to account for differences in the quantities sold in the two markets (section 3); a deduction to remove delivery costs included in the price (section 7); and adjustments to reflect differences in trade level (section 9).
Valbruna presented arguments for certain other deductions to domestic selling prices which the Department had not allowed at the preliminary determination. For the final determination, the Department maintained its position in not granting a trade level adjustment pertaining to warehouse inventory carrying costs. The Department is not persuaded that such costs are selling expenses contemplated under section 9 of SIMR.
The Department did not accede to Valbruna's request for an adjustment to account for differences in actual terms of payment between export and domestic sales as the difference was not material enough to warrant an adjustment.
The Department also addressed Valbruna's submission with respect to the determination of interest expenses and certain administration and selling expenses. The Department revised the computation of interest expenses to reflect acceptance of some of Valbruna's arguments. However, the Department did not accept Valbruna's submission on the determination of administration and selling expenses and therefore no adjustments were made for these expenses for the final determination.
At the preliminary determination, the Department had estimated normal values for certain models pursuant to paragraph 19(b) of SIMA on the basis of the full cost of the product plus a reasonable amount for profit. Subsequent to the preliminary determination, Valbruna presented arguments that resulted in the Department determining normal values for all product models based on acceptable domestic sales of like goods in the relevant period pursuant to section 15 of SIMA.
(b) Export Price
As goods were sold to an unrelated importer in Canada, export prices were determined pursuant to section 24 of SIMA based on the exporter's ex-factory selling prices.
The Department maintained its position that the allocation of ocean freight on the basis of weight was more appropriate than a computation based on value which was espoused by Valbruna. Therefore, no additional adjustment was made to the export price for the final determination.
(c) Margin of Dumping
All the goods exported to Canada during the POI were reviewed and for the final determination, 68 per cent were found to be dumped by a weighted average margin of dumping of 8.2 per cent. The margins ranged from 5.4 per cent to 16.7 per cent.
1.2 Foroni S.p.A
Foroni Metals of Texas, Inc.
The Department contacted a number of companies in the United States that were identified as exporters of subject goods originating in the named countries. One company, Foroni Metals of Texas, a subsidiary of Foroni S.p.A in Italy, provided a complete response to the Department's Request for Information respecting its exports of subject goods.
The subject goods were produced by Foroni S.p.A (FSPA), Gorla Minore, Italy, and sold to its subsidiary Foroni Metals of Texas, Inc. (FMT), Houston, Texas. FMT exported the subject goods to Canada from the United States during the POI. FSPA also provided the Department with a complete submission.
Where the exporter is located in a different country than the manufacturer, the Department is required to determine normal values for both the country of export and the country of origin, and to use the higher of the two values as the applicable normal value pursuant to subsection 30(2) of SIMA.
In this case, the Department established that the normal values in the country of export, the United States, were higher than the normal values in Italy, the country of origin, and therefore it used the normal values determined for the United States.
(a) Normal Value
At the preliminary determination, the Department estimated the normal value for one product model pursuant to section 15 of SIMA based on FMT's profitable sales of like goods sold to unrelated customers in the United States. The normal value for a second product model was estimated pursuant to paragraph 19(b) of SIMA on the basis of full cost of the goods plus a reasonable amount for profit.
Subsequent to the preliminary determination, FSPA presented arguments that resulted in the Department determining normal values pursuant to section 15 of SIMA for both product models based on acceptable domestic sales of like goods in the relevant period. No adjustments were required to these domestic selling prices.
(b) Export Price
Since the Department used the normal values determined for the United States, the concomitant export prices were based on FMT's selling price to Canada in accordance with the requirements of subsection 30(2) of SIMA.
Export prices were based on the exporter's selling prices to the Canadian importer, less all costs, charges and expenses incurred beyond the point of direct shipment from the United States which were included in the selling prices, as per paragraph 24(a) of SIMA.
(c) Margin of Dumping
All the goods exported to Canada by FMT during the POI were reviewed and 50 per cent of them were found to be dumped by a weighted average margin of dumping of 0.6 per cent. The margins ranged from zero per cent to 1.1 per cent.
2. Sweden
The only Swedish company to provide a complete response to the Department's Request for Information was AB Sandvik Steel of Sandviken, Sweden. Shipments of the subject goods all originated from the producer's Sandviken plant. Verification meetings were held at the firm's premises in Sandviken and Stockholm, Sweden.
During the POI, the subject goods produced by AB Sandvik Steel were sold to a related importer in Canada. The related importer provided a complete response to the Department's Request for Information and a verification meeting was held at the importer's premises.
(a) Normal Value
Where there were profitable sales of like goods to more than one unrelated domestic customer, normal values were determined using section 15 of SIMA, based on the weighted average selling price of like goods sold in Sweden. The domestic sales of like goods were made by the Sandvik group of Sweden.
Downward adjustments were made to these selling prices in accordance with the relevant sections of SIMR: an adjustment to account for the difference in payment terms between the export sales of subject goods and like goods sold domestically (section 5); and an adjustment to reflect differences in trade level (section 9).
Where there were insufficient acceptable domestic sales of like goods, normal values were determined based on the full cost of the goods and a reasonable amount for profit pursuant to paragraph 19(b) of SIMA. The amount for profit was determined on the basis of profit earned by the company on the sale of goods of the same general category of goods as the product shipped to Canada.
(b) Export Price
At the preliminary determination, export prices were estimated on the basis of the exporter's ex-factory selling prices to the importer under paragraph 24(a) of SIMA. However, for the final determination, as the goods were sold to a related importer in Canada, the Department had to perform a reliability test pursuant to paragraph 25(1)(b) of SIMA on the export prices calculated under paragraph 24(a). This involved calculating the export prices pursuant to both paragraph 24(a) and paragraph 25(1)(c) of SIMA and comparing the results. The Department's analysis found that the export prices as calculated under paragraph 24(a) were not reliable for SIMA purposes and therefore the export prices were calculated according to paragraph 25(1)(c) of SIMA for the final determination.
Export prices under paragraph 25(1)(c) were based on the related importer's resale prices of the goods to unrelated customers in Canada less all costs incurred in importing and selling the goods as well as an amount representative of the average industry profit in Canada. The amount for profit used was based on the profit made on sales of stainless steel round bar by other vendors of the product in the Canadian market pursuant to paragraph 22(c) of SIMR.
(c) Margin of Dumping
All the goods exported to Canada by Sandvik during the POI were reviewed and 99.9 per cent were found to have been dumped. The weighted average margin of dumping is 42.8 per cent. The margins ranged from zero per cent to 74.6 per cent.
3. India
3.1
Mukand Limited
Mukand Limited (Mukand), which exported subject goods to Canada during the POI, provided the Department with a complete submission and verification meetings were held subsequent to the preliminary determination at the firm's premises in Kurla, Mumbai, India. All shipments of the subject goods originated from Mukand's Kurla plant and were made to an unrelated importer in Canada.
- Normal Value
As Mukand did not have domestic sales of like goods during the POI, normal values were determined pursuant to paragraph 19(b) of SIMA based on the full cost of the product plus a reasonable amount for profit. The amount for profit was based on profits earned on Mukand's domestic sales of the same general category of goods as the goods shipped to Canada.
- Export Price
Subsequent to the preliminary determination, the Department received arguments from Mukand regarding the identity of the exporter of the subject goods. The Department did not accept Mukand's arguments.
In the administration of SIMA, the Department considers the exporter to be the person or firm who is a principal in the transaction, located in the country of export at the point of direct shipment to Canada who gave up responsibility for the goods by knowingly placing them in the hands of a carrier for delivery to Canada. In this case, the manufacturer was a principal in the transaction and knowingly shipped the goods directly to the distributor in Canada. Consequently, the manufacturer is considered to be the exporter.
For the purposes of the final determination, export prices were confirmed to be equal to the exporter's ex-factory selling price pursuant to paragraph 24(a) of SIMA.
- Margin of Dumping
All the goods exported to Canada during the POI were reviewed and for the final determination, 100 per cent were found to be dumped by a weighted average margin of dumping of 18.8 per cent. The margins ranged from 0.7 per cent to 29.3 per cent.
3.2 Panchmahal Steel Limited
Panchmahal Steel Limited ("Panchmahal"), which exported subject goods to Canada during the POI, provided the Department with a complete submission and verification meetings were held subsequent to the
preliminary determination at the firm's premises in Vadodara, Gujarat State, India. All shipments of the subject goods originated from Panchmahal's Kalol plant and were made to unrelated importers in Canada.
(a) Normal Value
As Panchmahal did not have domestic sales of like goods during the POI, normal values were determined pursuant to paragraph 19(b) of SIMA based on the full cost of the product plus a reasonable amount for profit. The amount for profit was based on profits earned on Panchmahal's domestic sales of the category of goods which is the next largest to the goods of the same general category pursuant to subparagraph 11(1)(b)(v) of SIMR.
(b) Export Price
The goods were sold to unrelated importers in Canada, and export prices were determined based on the exporter's exfactory selling price pursuant to paragraph 24(a) of SIMA.
(c) Margin of Dumping
For the final determination, it was confirmed that none of the goods exported to Canada by Panchmahal during the POI were dumped. The margin of dumping at the final determination is zero per cent.
3.3
Viraj Impoexpo Limited
Viraj Impoexpo Limited ("Viraj") which exported subject goods to Canada during the POI, provided the Department with a complete submission and verification meetings were held subsequent to the preliminary determination at the firm's premises in MIDC Tarapur Industrial Area and in Mumbai, Maharashtra State, India. All shipments of the subject goods originated from Viraj's Tarapur plant and were made to an unrelated importer in Canada.
(a) Normal Value
Viraj does not sell stainless steel products in the domestic market. Viraj's parent company, Viraj Alloys Limited ("Viraj Alloys"), did not have domestic sales of like goods during the POI. Therefore, normal values were determined pursuant to paragraph 19(b) of SIMA based on the full cost of the product plus a reasonable amount for profit. The amount for profit was based on profits earned on Viraj Alloys's domestic sales of the category of goods which is the next largest to the goods of the same general category pursuant to subparagraph 11(1)(b)(v) of SIMR.
(b) Export Price
As goods were sold to an unrelated importer in Canada, export prices were determined based on the exporter's ex-factory selling prices pursuant to paragraph 24(a) of SIMA.
(c) Margin of Dumping
For the final determination, it was confirmed that none of the goods exported to Canada by Viraj during the POI were dumped. The margin of dumping at the final determination is zero per cent.
3.4
Ferro Alloys Corporation Ltd.
On July 2, 1998, the Department received a submission from Ferro Alloys Corporation Ltd. A detailed review of the submission was completed. The review revealed that there were a significant number of deficiencies with the submission. In addition to these deficiencies, as the submission was received near the end of the investigation, there was not sufficient time to verify the submission and establish normal values and export prices on the basis of information provided by the exporter prior to making the final determination. Consequently, the highest margin of dumping, found during the investigation from cooperating exporters (after setting aside anomalies) was applied to shipments to Canada during the POI from Ferro Alloys Corporation Ltd.
4. All Other Exporters
All other exporters to Canada either did not provide a response to the Department's Request for Information or their submission was incomplete. In such cases, the highest margin of dumping of 52.4 per cent, found during the investigation from cooperating exporters (after setting aside anomalies) was applied to shipments to Canada by these exporters.
5. Summary of Results
A summary of the margins of dumping for the exporters in the named countries is contained in Appendix 4.
VOLUME OF DUMPED IMPORTS
Before making a final determination of dumping, the Deputy Minister must be satisfied that the actual or potential volumes of the dumped goods are not negligible. If the volume of dumped goods of a country is less than 3 per cent of the total volume of the goods of the same description that are imported into Canada from all countries, the volume is considered to be negligible. However, if there are three or more countries each of whose dumped goods represent less than 3 per cent of total imports, but which collectively represent more than 7 per cent of the total imports into Canada, the imports of these countries are not considered to be negligible.
Appendix 3 summarizes the volume of dumped imports of subject goods during the period October 1, 1996 to September 30, 1997. Imports from Italy, Japan, Spain and the United Kingdom individually are under the 3 per cent figure but collectively total 7.5 per cent. Consequently, the volume of dumped imports of subject goods from Italy, Japan, Spain and the United Kingdom are not considered to be negligible.
Imports of dumped goods from each of the remaining named countries are above the 3 per cent threshold and therefore are not negligible.
Representations with respect to the issue of volumes of dumped imports were made to the Department by counsel on behalf of British Steel Canada Inc. which imported subject goods from the United Kingdom prior to the preliminary determination. The Department was requested to terminate the proceedings with respect to such goods in view of the small volumes involved. However, based on the Department's findings, there are no grounds for terminating the investigation against subject goods from the United Kingdom.
DECISION
The investigation revealed that the margins of dumping on the subject goods are not insignificant and that the actual volume of dumped goods is not negligible. Accordingly, on this date, pursuant to paragraph 41(1)(a) of SIMA, a final determination of dumping was made with respect to certain stainless steel round bar originating in or exported from the Federal Republic of Germany, France, India, Italy, Japan, Spain, Sweden, Taiwan and the United Kingdom.
FUTURE ACTION
The Canadian International Trade Tribunal's inquiry concerning the question of injury to production in Canada is continuing and the Tribunal will issue its finding by September 4, 1998.
Subject goods imported during the provisional period will continue to be assessed provisional duty as determined at the time of the preliminary determination. This provisional period began on the date of the preliminary determination, May 7, 1998, and will end on the date the Tribunal issues its finding.
If the Tribunal finds that the dumped goods have not caused injury and do not threaten to cause injury, all proceedings relating to this investigation will be terminated. In such a case, all provisional duty paid or security posted by importers will be returned and future importations will not be subject to anti-dumping duty.
If the Tribunal finds that the dumped goods have caused injury, the Department will finalize the anti-dumping duty payable on subject goods released from Customs' possession during the provisional period pursuant to section 55 of the SIMA. If the provisional duty paid is in excess of the final amount of antidumping duty payable, the excess duty paid will be refunded.
Importations released from Customs' possession after the date of the Tribunal's finding will be subject to antidumping duty equal to the margin of dumping, which is the amount by which the normal value exceeds the export price. If anti-dumping duty is payable, such duty is hereby demanded pursuant to section 11 of SIMA.
If the Tribunal finds that the dumped goods threaten to cause injury, all provisional duty paid or security posted by importers will be returned. However, importations released from Customs' possession after the date of the Tribunal's finding will be subject to antidumping duty equal to the margin of dumping. If antidumping duty is payable, such duty is hereby demanded pursuant to section 11 of SIMA.
Specific normal values for the subject goods have been provided to the cooperating exporters for the final determination. These values will come into effect the day after the Tribunal's injury finding. Where specific normal values have not been issued, anti-dumping duty at a rate of 110 per cent of the export price will be payable on importations of the subject goods. To avoid the application of such an advance on export prices on their future shipments of subject goods, exporters can submit to the Department information required to permit the establishment of specific normal values for these products.
PUBLICATION
Notice of this final determination is being published in the
Canada Gazette pursuant to paragraph 41(3)(a) of SIMA.
INFORMATION
This Statement of Reasons has been provided to persons directly interested in these proceedings. For further information, please contact the following Revenue Canada officers by fax at: (613) 9543750
or by telephone at:
Terry Huzarski (613) 954-7412
Iqbal Motani (613) 952-7547
or at the following address:
Department of National Revenue
Anti-dumping and Countervailing Directorate
191 Laurier Avenue West
Ottawa, ON
K1A 0L5
Internet Address:
/sima
Rob Tait
Director General
Anti-dumping and Countervailing Directorate
APPENDIX 1-2-3-4
APPENDIX 1
EXPORTERS OF SUBJECT GOODS
THE FEDERAL REPUBLIC OF GERMANY
Edelstahl Witten-Krefeld GmbH
Auerasse 4
D-58452 Witten
Germany
Krupp Hoesch Stahlexport GmbH
Theodor-Althoff-Strausse
D5133 Essen
Postfach 101954
45019 Essen
Germany
ITALY
Acciaierie Valbruna s.r.l.
Viale della Scienza, 26
Zona Industriale
36100 Vicenza
Italy
JAPAN
5-1 Kita-Aoyama 2-Chome
Minatoku.Tokyo 107-77
C.P.O. Box 136.
Tokyo 100-91
Japan
Kanematsu Corporation
2-1 Shibaura
1-chome, Minato-Ku
Tokyo 105-05
Japan
FRANCE
Aubert et Duval
Acierie des Ancizes
41 Rue de Villiers, BP 120
92202 Neuilly-sur-Seine
France
Ugine Savoie
Avenue Paul Girod
73403 Ugine Cedex
France
INDIA
Ferro Alloys Corporation Ltd
46 A&B MIDC Industrial Estate
Nagpur - 440 028.
India
Viraj Impoexpo Ltd.
10 Imperial Chambers, 1st Floor
Wilson Road
Ballard Estates
Mumbai 400 038,
India
Mukand Ltd.
Lal Bahadur Shastri Marg
Kurla, Mumbai
400 070
India
Panchmahal Steel Ltd.
7th Floor, Landmark
Race Course Circle
Vadodara 390 007
India
UNITED STATES
AMCAN Specialty Steels
Hwy 172 East of 151
Hartsville, SC
USA, 29550
Avesta Sheffield NAD Inc.
425 N. Martingale Road
Suite 2000
Schaumburg, Illinois
USA. 60173-2218
British Steel Alloys Inc.
2225 6th Avenue South
Seattle, Washington
USA, 98134
Cogne Specialty Steel USA Inc
10 Bank St.
White Plains, NY
USA, 10606
Comprador Inoxidable
36-B 5th Street
Petaluma, California
USA, 94952
Acciai Speciali Terni USA INC
10 Bank Street
White Plains, NY
USA, 10606
Nickel Alloy Technologies
275 Cooper Avenue
Unit 103
Tonawanda, New York
USA, 14150
National Specialty Alloys Inc.
1320 Upland
Houston, Texas
USA, 77043
Samuel Specialty Metals
5022 Askley Court
Houston, Texas
USA, 77041
Southwest Energy Metals Inc
22815 Industry Lane
Tomball, Texas
USA, 77375
Cambridge Lee Industries Inc.
500 Lincoln Street
Boston, Massachusetts
USA, 01234
Corrosion Materials Inc.
P.O. Box 666
Baker, Louisiana
USA, 70714
Empire Metal Supply Inc.
175 Commerce Drive
Hauppauge, New York
USA., 11788
Energy Steel Products Corp.
10002 Windfern Road
Houston, Texas
USA, 77064
Foroni Metals of Texas Inc.
3040 Post Oak blvd.
Suite 1030
Houston, Texas
USA, 77056-6510
Green Bay Supply Co. Inc
2331 Topaz Drive
Hatfield, PA
USA, 19440
Hickman Steel Products Inc.
6202 Lumberdale
Houston, Texas
USA, 77092
Falcon Stainless & Alloy
39 Hewson Ave.
Waldwick, New Jersey
USA, 07463
SWEDEN
AB Sandvik Steel
S-811 81
Sandviken
Sweden
Avesta Valbruna AB
Kungsgatan 8
S-652 24 Karlstad,
Sweden
TAIWAN
Gloria Heavy Industrial Corp.
35 Hsin Chung Road
Hsin Ying City
Tainan, Hsien
Taiwan
UNITED KINGDOM
British Steel Engineering Steels (BSES)
P.O. Box 50
Aldwarke lane
Rotherham, England
United Kingdom, S60 1DW
European Steel Sales Ltd.
Arena Studios
126 Morville Street
Ladywood, Birmingham
United Kingdom, B16 8DG
Athena Stainless Steels
Foundry House
Sheffield Road
Rotherham
South Yorkshire
United Kingdom, S60 1BN
Meighs Special Alloys Division
Meighs LTD
Campbell Road
Stoke-on-Trent, Staffs.
United Kingdom, ST4 4ER
HOLLAND
Avesta Sheffield B.V.
P.O. 1111
NL-5700 BC Helmond
Holland
APPENDIX 2
IMPORTERS OF SUBJECT GOODS
Aeromachining Ltd
5411 Boul Industriel
Monteal Nord, Quebec
H1G 3H7
ASA Alloys Inc
105 Claireport Crescent
Etobicoke, Ontario
N9W 6P7
Atlas Alloys Inc.
Division of Rio Algom Mines
20350 Langley By-Pass
Langley, B.C.
V3A 5E7
Atlas Alloys Inc.
A Division of Rio Algom
161 The West Mall
Etobicoke, Ontario
M9C 4V8
Avesta Sheffield Inc
2140 Meadowpine Blvd
Mississauga, Ontario
L5N 6H6
Avesta Sheffield Inc
4300 Cote De Liesse Road
Montreal, Quebec
H4N 2P8
British Steel Alloys
7805-51 Street S.E.
Calgary, Alberta
T2C 2Z3
British Steel Canada Inc.
6505 Trans Canada Hwy
Suite 405
St. Laurent, Quebec
H4T 1S3
Carpenter Technlogy (Canada) Ltd.
7464 Tranmere Drive, Unit 2
Mississauga, Ontario
L5S 1K4
A.M. Castle & Co. (Canada) Inc.
2150 Argentia Road
Mississauga, Ontario
L5N 2K7
Castle Metals/Norton Steel
692 Mission St.
Winnipeg, Manitoba
R2J OA3
CFF Specialty Metals
Division of Canadian Flanges and Fittings Inc.
1840 Burlington East
Stoney Creek, Ontario
L8H 3L4
Compagnie de Ferrures Sur Commande
Canada Ltee
38 Hotel Deville
Rigaud, PQ
Diversified Steel
1223 Derwent Way
New Westminister, BC
V3N 5V9
Earle M. Jorgensen
1666 Shawson Drive East
Missisauga, Ontario
L4W 1N7
Fidelity Stainless Ltd
7075 Fir Tree Dr.
Mississauga, Ontario
L5S 1J7
Hexagone Stainless Steel
2905 Boul. Losch , Local #8
Parc Industriel Pilon
St-Hubert, Quebec
J3Y 3V6
Itochu Canada Ltd.
Ste. 770-999 Canada Place
Vancouver, B.C.
V6C 3E1
Kanematsu Canada Inc
6430 Vipond Dr.
Mississauga, Ontario
L5T 1W8
Kelsby/Jorgensen of Canada
1255 Ave, La Place
Laval, Quebec
H7C 2N0
Maass Flange and Fitting
1019 Adelaide St. S
London, Ontario
N6E 1R4
Magna Inoxydables Inc.
7562 Cote de Liesse
Ville St. Laurent, Quebec
H4T 1E7
Marmon-Keystone Canada Inc.
2525 Meadowvale Blvd.
Mississauga, Ontario
L5N 5S2
Ni-Met Resources Inc.
6130 Tomken Road
Mississauga, Ontario
L5T 1T6
Nutech Inc.
20 Parc Industriel
C.P. 850
Disraeli, Quebec
G0N 1E0
Olbert Metal Sales Ltd.
989 Derry Road East
Suite #305
Mississauga, Ontario
L5T 2J8
Parker Hannifin (Canada) Inc.
176 Burnswick Blvd
Point Clarie, Quebec
H9R 5P9
Pechiney Canada Inc
6711 Mississauga Rd.
Suite 708
Mississauga, Ontario
L5N 2W3
Perfection Industries
2035 Berlier
Chomedey Laval, Quebec,
H7L 3M9
Rolled Alloys Canada Inc
168A Oakdale Road Unit 2
Downsview, Ontario
M3N 2S5
Russel Drummond
28 Lakeside Park Drive
Lakeside, Nova Scotia
B3T 1A3
Samuel & Fils & Cie (Québec) Ltée
2225 Avenue Francis-Hughes
P.O. Box 21090
Laval, Quebec
H7S 1N5
Bothwell Steel
A Division of Samuel & Son Co.
133 Groh Avenue
Cambridge, Ontario
N3C 2V6
Sandvik Steel Canada
Division of Sandvik Canada Inc.
6835 Century Ave.
Mississauga, Ontario
L5N 2L2
Sandvik Steel Canada
Division of Sandvik Canada Inc.
425 McCartney Street
Arnprior, Ontario
K7S 3P3
Siemens Electric Limited
2185 Derry Road West
Misissauga, Ontario
L5N 7A6
The Howden Fan
90 Woodside Ave
Kitchener, Ontario
N2G 4K1
Thyssen Marathon Canada
Div. of Thyssen Canada Ltd./Ltee
6350 Vipond Drive
Mississauga, Ontario
L5T 1G2
Unalloy/IWRC Division
7925 Goreway Drive
Brampton, Ontario
L6T 5J7
Union Pump (Canada) Ltd.
4211 Mainway Drive
Burlington, Ontario
L7L 5N9
APPENDIX 3
Import Volumes
(October 1, 1996 - September 30, 1997)
France |
143,654 |
3.8% |
143,654 |
3.8% |
Germany |
735,891 |
19.7% |
735,891 |
19.7% |
India |
159,044 |
4.3% |
120,578 |
3.2% |
Italy |
83,140 |
2.2% |
78,759 |
2.1% |
Japan |
22,450 |
.6% |
22,450 |
.6% |
Spain |
81,655 |
2.2% |
81,655 |
2.2% |
Sweden |
847,437 |
22.6% |
846,714 |
22.6% |
Taiwan |
205,465 |
5.5% |
205,465 |
5.5% |
United Kingdom |
98,798 |
2.6% |
98,798 |
2.6% |
Total - Countries Named in the Complaints |
2,377,534 |
63.5% |
2,333,964 |
62.4% |
Total - Other Countries |
1,364,255 |
36.5% |
|
|
TOTAL IMPORTS |
3,741,789 |
100.0% |
|
|
* Source: Department's internal information systems.
APPENDIX 4
SUMMARY OF MARGINS OF DUMPING
GERMANY |
All exporters |
52.4% |
FRANCE |
All exporters |
52.4% |
INDIA |
Mukand Litmited
Panchmahal Steel Limited
Viraj Impoexpo Limited
All other exporters
|
18.8%
0%
0%
52.4% |
ITALY |
Acciaierie Valbruna srl
All other exporters |
8.2%
52.4% |
JAPAN |
All exporters |
52.4% |
SPAIN |
All exporters |
52.4% |
SWEDEN |
AB Sandvik Steel
All other exporters |
42.8%
52.4% |
TAIWAN |
All exporters |
52.4% |
UNITED KINGDOM |
All exporters |
52.4% |
UNITED STATES ** |
Foroni Metals of Texas Inc.
All other exporters |
.6%
52.4% |
HOLLAND ** |
All exporters |
52.4% |
* Represents the weighted average margin of dumping expressed as a percentage of normal value.
** Subject goods originating in the named countries and exported from the United States or Holland.
52.4% represents the highest margin of dumping found during the investigation after setting aside anomalies in the results.