Certain Fabricated Industrial Steel Components
Dumping (China, South Korea and Spain) & Subsidizing (China)

Product Information

Product Definition

The subject goods are defined as:

“Fabricated structural steel and plate-work components of buildings, process equipment, process enclosures, access structures, process structures, and structures for conveyancing and material handling, including steel beams, columns, braces, frames, railings, stairs, trusses, conveyor belt frame structures and galleries, bents, bins, chutes, hoppers, ductwork, process tanks, pipe racks and apron feeders, whether assembled or partially assembled into modules, or unassembled, for use in structures for:

  1. oil and gas extraction, conveyance and processing;
  2. mining extraction, conveyance, storage, and processing;
  3. industrial power generation facilities;
  4. petrochemical plants;
  5. cement plants;
  6. fertilizer plants;
  7. industrial metal smelters;

originating in or exported from the People’s Republic of China, the South Korea, and the Kingdom of Spain.”

Exclusions

Electrical transmission towers; rolled steel products not further worked; steel beams not further worked; oil pump jacks; solar, wind and tidal power generation structures; power generation facilities with a rated capacity below 100 megawatts; goods classified as “prefabricated buildings” under HS Code 9406.00.90.30; structural steel for use in manufacturing facilities used in applications other than those described above; and products covered by Certain Fasteners (RR-2014-001), Structural Tubing (RR-2013-001), Carbon Steel Plate (III) (RR-2012-001), Carbon Steel Plate (VII) (NQ-2013-005), and Steel Grating (NQ-2010-002).

The Canadian International Trade Tribunal (CITT) excludes, from its finding, goods exported by Hanmaek Heavy Industries Co., Ltd. and Cintasa, S.A. Furthermore, the Tribunal excludes from its finding goods imported within the 2017 calendar year by Andritz from Sinohydro for the Muskrat Falls hydro project in the province of Newfoundland and Labrador.

Investigation Information

The dates of the investigative proceedings and findings concerning this case are:

Action Date
Initiation of Investigations September 12, 2016
Preliminary Determination January 25, 2017
Final Determination April 25, 2017
Canadian International Trade Tribunal Finding May 25, 2017
Scope Ruling - Statement of Reasons - Woodfibre LNG Limited November 23, 2018
Scope Ruling - Statement of Reasons - Shanghai Shuangyan Chemical Equipment Manufacturing Co., Ltd January 4, 2019
Tariff Classification Numbers

The subject goods are usually classified under the following tariff classification numbers:

  • 7216.99.00.10
  • 7216.99.00.20
  • 7216.99.00.30
  • 7216.99.00.91
  • 7216.99.00.99
  • 7301.20.00.10
  • 7301.20.00.20
  • 7308.40.00.00
  • 7308.90.00.60
  • 7308.90.00.96
  • 7308.90.00.99
  • 7326.90.90.90
  • 8421.99.00.90
  • 8428.31.00.00
  • 8428.32.00.00
  • 8428.33.00.00
  • 8428.39.00.30
  • 8428.39.00.41
  • 8428.39.00.49
  • 8428.39.00.80
  • 8428.39.00.90

Please note that these classification numbers may apply to goods which are not subject to SIMA measures, may change because of amendments to the Departmental Consolidation of the Customs Tariff, or the subject goods may be imported under HS classification numbers that are not listed. Refer to the product definition for the authoritative details regarding the subject goods.

Duty Liability
(Anti-dumping duties)

Country of Origin or Export: China, South Korea, and Spain

Information regarding the normal values of subject goods should be obtained from the exporter. The following table identifies the exporters who currently have been issued normal values:

Country Exporter Cooperative Since Last Revised
China Baosteel Construction Co., Ltd. 2017-05 2017-05
Modern Heavy Industries (Taicang) Co., Ltd. 2017-05 2017-05
United Steel Structures Ltd. 2017-05 2017-05
South Korea SK Engineering & Construction Co., Ltd. 2017-05 2017-05

For importations of subject goods originating in/or exported from China, South Korea and Spain for which the exporter has not been issued its own normal values, the anti-dumping duty is equal to 45.8% of the export price.

Duty Liability
(Countervailing duties)

Country of Origin or Export: China

The following table identifies the exporters who currently have a specific amount of subsidy:

Exporter Amount of Susidy RMB / MT Cooperative Since Last Revised
Baosteel Construction Co., Ltd. 151.7 2017-05 2017-05
Modern Heavy Industries (Taicang) Co., Ltd. 607.66 2017-05 2017-05
United Steel Structures Ltd. 675.47 2017-05 2017-05

For importations of subject goods originating in/or exported from China for which the exporter has not been issued its own amount of subsidy, the countervailing duty is equal to 11,656.06 Renminbi per metric tonne.

Disclosure of Normal Values and Amounts of Subsidy

The liability for anti-dumping and countervailing duty results from the proceedings conducted under SIMA and from the finding of the CITT. Information regarding the normal value and amount of subsidy of the subject goods in question and the amount of anti-dumping and countervailing duty payable should be obtained from the exporter. Related information may be made available to importers on a need-to-know basis in accordance with the provisions of Memorandum D14-1-2, Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established Under the Special Import Measures Act.

For information on duty assessment, refer to the Guide for self-assessing SIMA duties.

Information Required on Customs Documents

The import documentation should include the information listed below. Failure to provide this information may result in the application of penalties to the importer, pursuant to the Administrative Monetary Penalty System (AMPS).

The import documentation should clearly indicate the following:

  • Confirmation whether the product is subject to provisional duties
  • Name and address of producer/manufacturer
  • Location of plant/mill of production
  • Place from which direct shipment to Canada began
  • Name and address of vendor (if different from the producer)
  • Country of origin
  • Country of export
  • Canadian customer’s name and address
  • Canadian importer’s name and address (if different from the customer)
  • Full product description of the goods, including:
    • name of project
    • product number
    • product description
    • product type
    • shape of material
    • weight
    • grade
    • coating
    • other relevant characteristics
  • Date of sale, date of shipment
  • Quantity (state unit of measure)
  • Unit selling price and total selling price to importer in Canada
  • Currency of settlement used (e.g. US$, CDN$, etc.)
  • Terms and conditions of sale (e.g. FOB, CIF, etc.)
  • All costs, expenses, and charges incurred by the exporter and vendor in the shipment of the subject goods to Canada (includes inland and ocean freight, insurance, duties, port and handling charges, etc.) and,
  • The amount of any export taxes applicable to the goods.
Appeal Decisions Relating to Subjectivity

Summaries of appeal decisions made by the CBSA respecting whether an imported good is subject to this measure in force can be found on the SIMA Appeals page.

Email for Duty Assessment Questions

Trade_Programs-Programmes_commerciaux@cbsa-asfc.gc.ca

CBSA Reference Number(s)
  • FISC 2016 IN
CITT Reference Number(s)
  • PI 2016-003
  • NQ-2016-004
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