ARCHIVED - Notice of Conclusion of Reinvestigation

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Bicycles - 2013

File #: 4264-52
Case #: AD/962

Ottawa, July 26, 2013

This notice advises that, on July 26, 2013, the Canada Border Services Agency (CBSA) concluded a re-investigation of the normal values and export prices of certain bicycles originating in or exported from Chinese Taipei and the People’s Republic of China (China) pursuant to the Special Import Measures Act (SIMA).

The re-investigation was initiated on March 1, 2013, as part of the CBSA’s enforcement of the finding made by the Canadian International Trade Tribunal on December 11, 1992.  This finding was subsequently reviewed and continued in 1997, 2002, 2007 and, most recently, on December 7, 2012.

The subject goods are described as bicycles, assembled or unassembled, with wheel diameters of 16 inches (40.64 cm) and greater, excluding bicycles with an FOB Chinese Taipei or China selling price exceeding CAD $225 and excluding bicycles with foldable frames and stems.

The subject goods are normally imported into Canada under one of the following ten-digit Harmonized System classification numbers:

• 8712.00.00.12
• 8712.00.00.20
• 8712.00.00.30
• 8712.00.00.40
• 8712.00.00.50
• 8712.00.00.90

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 value methodologies for future shipments have been determined for all exporters that provided a complete submission. Thirty-five exporters responded to the CBSA's RFI. No case arguments or reply submissions were received. Appendix 1 contains a list of the exporters that, based on the results of this re-investigation, can request normal values for 2014 models.

The application of normal values and export prices to the subject goods is outlined below:

• All interim normal values for the 2013 model year were verified, recalculated and finalized.  This may result in additional anti-dumping duties being assessed against the importers of these goods.

• Models of subject goods for which normal values have not been established by the CBSA or those goods that have not been clearly identified on the customs documentation will be determined by advancing the export price of the goods by 64%, pursuant to ministerial specification.

• The CBSA will issue normal values for 2014 models beginning July 26, 2013, upon request and based on information submitted by exporters and the results of this re-investigation.  Exporters can continue to submit requests for 2014 normal values until September 30, 2013.  Between July 26, 2013 and October 31, 2013, the CBSA will issue 2014 model normal values to co-operative exporters.  After October 31, 2013, no further normal values will be issued until another re-investigation is concluded or until an importer requests a re-determination of normal values after paying any duties owing on an importation and the CBSA is provided with the necessary information by the exporter to determine a specific normal value.  The 2014 normal values and export prices will normally remain in effect until the conclusion of the next re-investigation.  Importers and exporters will be notified at the start of any such review.

Where a producer or exporter becomes aware that there have been substantial changes to domestic prices, market conditions or costs associated with production and sales of subject goods, the CBSA should be advised in order that normal values can be reviewed and updated if required, to reflect current conditions.  Similarly, the amount of export charges to be deducted from the export price may also need revision to reflect current conditions.  Where changes have occurred and the CBSA has not been advised in a timely manner, the extent of these changes could warrant retroactive assessments of anti-dumping duties.

Importers are reminded that it is their responsibility to calculate and declare their
anti-dumping duty liability.  If importers are using the services of a customs broker to clear importations, the brokerage firm should be advised that the goods are subject to anti-dumping measures and be provided with sufficient information necessary to clear the shipments.  To determine their liability for anti-dumping duty, importers should contact the exporters to obtain the applicable normal values.  For further information on this matter, refer to Memorandum D14-1-2, Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established Under the Special Import Measures Act to Importers, on the CBSA’s Web site at www.cbsa-asfc.gc.ca/publications/dm-md/d14-eng.html.

The Customs Act applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti-dumping duties.  As such, failure to pay the duties within the prescribed time will result in the application of the interest provisions of the Act. Should the importer disagree with the determination made on any importation of goods, a request for re-determination may be filed with the Director General, Anti-dumping and Countervailing Directorate, Ottawa, Ontario, K2C 0P9.  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 Re-determination or an Appeal of Goods Under the Special Import Measures Act, on the CBSA’s Web site at www.cbsa-asfc.gc.ca/publications/dm-md/d14-eng.html.

Any questions concerning the above should be directed to:

Appendix 1

Exporters who can request normal values for 2014:

China
Giant Bicycle Co. Ltd.
Giant Kunshan Co. Ltd.
Hangzhou Joy Kie Industrial & Trading Co., Ltd.
Hangzhou Wanlun Bicycle Limited
Hua Chin Bicycle & Fitness (H.Z,) Co., Ltd.
Ideal Bicycle (Dong Guan) Corporation
Joysun Bicycle Manufacturing Co., Ltd.
Kenstone Metal (Kunshan) Co., Ltd.
Kunshan General Sports Co., Ltd.
Li Wang Cycle Jurong Co., Ltd.
Merida Bicycle (China) Co., Ltd.
Merida Industry (Hong Kong) Co., Ltd.
NingBo Everich Bicycle Co,.Ltd.
Overlord Industries (Shenzhen) Co. Ltd.
Oyama Bicycles (Taicang) Co., Ltd.
Shenzhen Taifeng Yongda Bicycles Co., Ltd.
Taioku Manufacturing Co., Ltd.
Taioku Manufacturing (Jiangsu) Co., Ltd.
Tianjin Fuji-Ta Bicycle Co., Ltd.
Tianjin Tandem Bicycle Co. Ltd.
Tianjin Golden Wheel X-D Bicycle Co., Ltd.
Universal Cycle Corporation (Guangzhou).
Xi De Sheng Bicycle Co. Ltd.
Yong Qi (Chang Zhou) Bicycle Industrial Co. Ltd.

Chinese Taipei
Exactitude International Co., Ltd.
Kenstone Metal Co., Ltd
Simpatico Holdings Co., Ltd.
Southern Cross International Co. Ltd.
United Engineering Corp.
Willing Industry Company Ltd.

United States
Specialized Bicycle Components, Inc.
Trek Bicycle Co.