Certain Unitized Wall Modules
Dumping & Subsidizing (China)
- Product Information
The subject goods are defined as:
"Unitized wall modules, with or without infill, including fully assembled frames, with or without fasteners, trims, cover caps, window operators, gaskets, load transfer bars, sunshades and anchor assemblies; excluding non-unitized building envelope systems such as stick systems and point-fixing systems originating in/or exported from the People's Republic of China."
Subject and like unitized wall modules are an aluminum-framed engineered fenestration product which forms the building envelope or facade for multi-story buildings. The two main styles of unitized wall modules building envelope systems are referred to as "curtainwall" and "window wall".
Unitized wall modules are prefabricated segments of the building envelope that interlock with each other when installed. They are manufactured and shipped to customers' building sites where they are installed by the customer or building contractor.
Installed unitized wall modules separate the outdoors from a building's indoor environment. The unitized wall modules are designed to resist extreme wind pressures, limit air infiltration and exfiltration, prevent water infiltration and meet heat loss and energy usage criteria.
The unitized wall modules are generally designed to meet any of the following or equivalent specifications:
- air infiltration/exfiltration to a minimum 0.10 L/s/m2 (litres/second/square meter) when tested in accordance with American Society of Testing and Materials ("ASTM") Standard E283 at 0.3kPa (kilopascals) negative and positive pressure differential or equivalent proprietary or other internationally accepted standard;
- no water infiltration when tested under static wind load in accordance with ASTM Standard E331 using 205 liters of water per square meter for 15 minutes at a minimum 0.3kPa negative pressure differential or equivalent proprietary or other internationally accepted standard; no water infiltration when tested under dynamic wind load in accordance to American Architectural Manufacturers Association ("AAMA") Standard 501.1 using 205 liters of water per square meter for 15 minutes at a minimum O.3kPa negative pressure differential or equivalent proprietary or other internationally accepted standard;
- structural performance when tested to ASTM Standard E330 by uniform static air pressure at a minimum 0.5kPa for 60 seconds without permanent deformation or equivalent proprietary or other internationally accepted standard; or
- thermal performance calculated in accordance with Canadian Standards Association ("CSA") Standard A440.2 to deliver a maximum of 3.0 W/m2C (watt/square meter/Celsius) for vision glass areas and 1.5 W/m2C for opaque areas (including framing) or equivalent proprietary or other internationally accepted standard.
Unitized wall modules usually consist of three principal components: extruded pre-finished (mill, alodine, painted or anodized) aluminum frame, hardware and infill materials.
The frame is the structural component that provides support for the infill materials. Hardware consists of fasteners, gaskets and sealants used to attach or sit between the frame and the infill materials. Infill materials include, but are not limited to, insulated glass units, monolithic glass, panels of various materials such as stone, granite or limestone, aluminum or galvanized steel back pans, insulation, terracotta tiles, ceramic tiles, thin veneer unitized bricks, louvers, grilles and photovoltaic panels. Patio or terrace doors and operable windows also are used as infill materials.
The subject goods do not include non-unitized systems such as "stick systems" or "point‑fixing systems". Stick system building envelopes or facades are not subject goods as they are not unitized. Unlike unitized wall modules, stick systems are not interlocking and require installation of individual framing components on-site to form the supporting grid for those systems. Stick systems are shipped to the project site as vertical and horizontal member components which are then installed and connected piece by piece to form the structural grid for a stick system envelope or facade for buildings. Once the grid of support members is secured to the building structure, infill materials are installed from the exterior and/or interior side of the building.
Once a stick system building envelope or facade is completed, the appearance of the building exterior will be similar to a "unitized wall module" building envelope or facade. However, a stick system envelope or facade is differentiated from a "unitized wall module" building envelope or facade when viewed from the building interior, where the vertical frame members in the stick envelope or facade will be one-piece, while in the "unitized wall module" envelope or facade the vertical frame members will be two interlocked pieces.
Products referred to as "point-fixing glass wall/curtain wall" and "full-glass glass wall/curtain wall" use glass fins, patch fittings, cable supports and other means for structural support and do not rely on the extruded aluminum members used in the subject goods covered by this complaint. These cannot be "unitized" and are not subject goods.
- Investigation Information
The dates of the investigative proceedings and findings concerning this case are:
Action Date Initiation of Investigation March 4, 2013 Preliminary Determination July 15, 2013 Final Determination October 10, 2013 Canadian International Trade Tribunal's Finding November 12, 2013 Re-investigation May 26, 2014 Expiry Review Determination February 8, 2019 Canadian International Trade Tribunal's Order July 3, 2019
- Tariff Classification Numbers
The subject goods are normally imported into Canada under the following tariff classification numbers:
The subject goods may also be imported under the following tariff classification numbers:
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
Country of Origin or Export: China
Effective on imports of subject goods released by the CBSA on or after 2014-05-26:
Information regarding the normal values of subject goods should be obtained from the exporter. For a list of exporters in China who currently have normal values, please consult the CBSA Notice of Conclusion of Re-investigation.
For importations of subject goods originating in/or exported from China for which the exporter has not been issued normal values, the anti-dumping duty is equal to 120% of the export price.
- Duty Liability
Country of Origin or Export: China
Effective on imports of subject goods released by the CBSA on or after 2013-11-12:
For a list of exporters in China who currently have a specific amount of subsidy, please consult the CBSA Notice of Final Determination.
For importations of subject goods originating in/or exported from China for which the exporter has not been issued their own specific amount of subsidy, the countervailing duty is equal to 458.31 Renminbi per square metre.
- 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 to Importers.
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 anti-dumping duty and/or countervailing duty
- name and address of producer/manufacturer
- name and address of vendor (if different from the producer)
- customer's name and address
- Canadian importer's name and address (if different from the customer)
- full product description of the goods, including:
- name and location of the project for which the shipped goods will be used
- expected/scheduled completion date for the identified project
- module number
- quantity of each type of module(s) (must be expressed in terms of both total square meters and number of modules). Please also report the "total weight" for each type of module(s) if that information is available.
- whether the goods fall within the scope of subject goods:
Unitized wall modules, with or without infill, including fully assembled frames, with or without fasteners, trims, cover caps, window operators, gaskets, load transfer bars, sunshades and anchor assemblies; excluding non-unitized building envelope systems such as stick systems and point-fixing systems originating in/or exported from the People's Republic of China.
- whether this shipment is the last shipment of the subject goods for the identified project
- Date of contract, date of sale, and date of shipment
- unit selling price, total selling price
- 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 from the point of direct shipment (including, the inland and ocean freight, insurance, etc.)
- 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
- CBSA Reference Number(s)
- Dumping file #: 4214-38
- Dumping case #: AD1399
- Subsidy file #: 4218-36
- Subsidy case #: CV135
- CITT Reference Number(s)
- Date modified: