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ARCHIVED - Notice of Conclusion of Reinvestigation
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CERTAIN STEEL PLATE
Ottawa, July 16, 2010
The Canada Border Services Agency (CBSA) has today concluded a re-investigation of the normal values and export prices respecting certain steel plate originating in or exported from the People's Republic of China, the Republic of Bulgaria, the Czech Republic, Romania and Ukraine, pursuant to the Special Import Measures Act (SIMA).
The re-investigation was initiated on March 23, 2010, as part of the ongoing enforcement of the Canadian International Trade Tribunal's findings of material injury respecting:
certain hot-rolled carbon steel plate and high-strength low-alloy plate originating in or exported from the People's Republic of China (China), issued on October 27, 1997, in Inquiry No. NQ-97-001, continued on January 9, 2008, in Expiry Review No. RR-2007-001 (Plate III);
certain hot-rolled carbon steel plate and high-strength low-alloy steel plate originating in or exported from the Republic of Bulgaria, the Czech Republic and Romania, issued on January 9, 2004, in Inquiry No. NQ-2003-002, continued on January 8, 2009, in Expiry Review No. RR-2008-002 (Plate V); and
certain carbon steel plate and high-strength low-alloy steel plate originating in or exported from Ukraine, issued on February 2, 2010, in Inquiry No. NQ-2009-003 (Plate VI).
The goods subject to the Tribunal's finding and applicable ten-digit Harmonized System classification numbers are described in Appendix 1.
At the initiation of the re-investigation, the CBSA sent Requests for Information (RFI) to importers, exporters and vendors, to solicit information on the costs and selling prices of subject and like goods. The information was requested for purposes of updating the normal values and export prices for subject goods imported into Canada.
With respect to China, information available to the CBSA at the start of the re-investigation indicated that there was reason to believe that section 20 conditions exist in the flat-rolled steel industry sector in China, including hot-rolled steel plate. Section 20 of SIMA is applicable where, in the opinion of the President of the CBSA, domestic prices are substantially determined by the government and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market.
Accordingly, a section 20 inquiry was initiated and the CBSA sent a section 20 RFI to the Government of China and all known Chinese producers/exporters to examine this matter. During this same period, the CBSA continued to research and review publicly available information concerning the status of the Chinese steel industry. No information or evidence was provided by the Government of China.
At the conclusion of the section 20 inquiry, information on the administrative record revealed that section 20 conditions continue to exist in the Chinese flat-rolled steel industry sector, including hot-rolled steel plate. As a result, on July 16, 2010, the President of the CBSA formed the opinion that the conditions of section 20 apply to the industry sector under investigation in China.
A complete response to the CBSA's exporter RFI was submitted by Azovstal and the Metinvest Group of Companies (Azovstal) from Ukraine. As a result, Azovstal has been provided with updated normal values applicable to subject goods released from the CBSA on or after July 16, 2010, and to entries of subject goods under appeal that have yet to be re-determined at the time of the conclusion of this re-investigation.
No complete submissions were received from any other exporter. Accordingly, normal values for all other exporters will be determined in accordance with a ministerial specification based on the export price of the goods advanced by:
80.2% for subject goods originating in or exported from China (Plate III);
74.6% for subject goods originating in or exported from Bulgaria, the Czech Republic, and Romania (Plate V); and
21.3% for subject goods originating in or exported from Ukraine (Plate VI).
All normal values previously in place expire on July 16, 2010.
Case arguments and reply submission were received from counsel representing both exporters and Canadian producers. The main focus of these submissions were arguments either supporting or opposing the application of section 20 of SIMA. Representations were also made with respect to how section 20 should be applied in the event that the President formed the opinion that section 20 was applicable to the Chinese flat-rolled steel industry sector. The information submitted in these case arguments and reply submissions were given due consideration by the CBSA.
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 duty.
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. In order to determine their anti-dumping liability, importers should contact their suppliers who can provide information on normal values. Under limited circumstances, the CBSA may make this information available to importers. Please 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, for more information.
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 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, ON, 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 Re-determination (an Appeal) of Goods Under the Special Import Measures Act.
Any questions concerning the above should be directed to:
SIMA Registry and Disclosure Unit
Anti-dumping and Countervailing Directorate
Canada Border Services Agency
11th Floor
100 Metcalfe Street
Ottawa ON K1A 0L8
E-mail: simaregistry-depotlmsi@cbsa-asfc.gc.ca
Fax: (613) 948-4844
Officers:
Matthew Lerette: 613-954-7398
Benjamin Walker: 613-952-8665
Appendix 1
PRODUCT DEFINITION FOR PLATE III, V AND VI
Subject Goods for Plate III (the People's Republic of China) are:
“Hot-rolled carbon steel plate and high strength, low alloy plate not further manufactured than hot rolled, heat-treated or not, in cut lengths, in widths from 24 inches (+/- 610 mm) to 152 inches (+/- 3,860 mm) inclusive, and thicknesses from 0.187 inches (+/- 4.75 mm) to 4 inches (+/- 101.6 mm) inclusive, originating in or exported from the People's Republic of China, but excluding plate for use in the manufacture of pipe and tube (also known as skelp); plate in coil form; plate having a rolled, raised figure at regular intervals on the surface (also known as floor plate); and plate produced to ASTM specifications A515 and A516M/A516, grade 70, in thicknesses greater than 3.125 inches (+/- 79.3 mm).”
The subject goods are normally imported into Canada under one of the following ten-digit Harmonized System classification numbers:
- 7208.51.10.00
- 7208.51.91.10
- 7208.51.91.91
- 7208.51.91.92
- 7208.51.91.93
- 7208.51.91.94
- 7208.51.91.95
- 7208.51.99.10
- 7208.51.99.91
- 7208.51.99.92
- 7208.51.99.93
- 7208.51.99.94
- 7208.51.99.95
- 7208.52.11.00
- 7208.52.19.00
- 7208.52.90.10
- 7208.52.90.91
- 7208.52.90.92
- 7208.52.90.93
- 7208.52.90.94
- 7208.52.90.95
Subject Goods for Plate V (the Republic of Bulgaria, the Czech Republic and Romania) are:
“Hot-rolled carbon steel plate and high-strength low-alloy steel plate not further manufactured than hot-rolled, heat-treated or not, in cut lengths in widths from 24 inches (+/- 610 mm) to 152 inches (+/- 3,860 mm) inclusive and in thicknesses from 0.187 inch (+/- 4.75 mm) to 5.25 inches (+/-133 mm) inclusive, originating in or exported from the Republic of Bulgaria, the Czech Republic and Romania, excluding plate produced to American Society for Testing & Materials (ASTM) specifications A515 and A516M/A516 Grade 70 in thickness greater than 3.125 inches (+/-79.3 mm), universal mill plate, plate for use in the manufacture of pipe and plate having a rolled, raised figure at regular intervals on the surface (also known as floor plate).”
The following goods are excluded: hot-rolled carbon steel plate and high-strength low-alloy steel plate in thicknesses greater than 4.0 inches.
The subject goods are normally imported into Canada under one of the following ten-digit Harmonized System classification numbers:
- 7208.51.91.10
- 7208.51.91.91
- 7208.51.91.92
- 7208.51.91.93
- 7208.51.91.94
- 7208.51.91.95
- 7208.51.99.10
- 7208.51.99.91
- 7208.51.99.92
- 7208.51.99.93
- 7208.51.99.94
- 7208.51.99.95
- 7208.52.90.10
- 7208.52.90.91
- 7208.52.90.92
- 7208.52.90.93
- 7208.52.90.94
- 7208.52.90.95
Subject Goods for Plate VI (Ukraine) are:
“Hot-rolled carbon steel plate and high-strength low-alloy steel plate not further manufactured than hot-rolled, heat-treated or not, in cut lengths in widths from 24 inches (610 mm) to 152 inches (3,860 mm) inclusive and in thicknesses from 0.187 inch (4.75 mm) up to and including 3.0 inches (76.0 mm) inclusive (with all dimensions being plus or minus allowable tolerances contained in the applicable standards e.g. ASTM standards A6/A6M and A20/A20M), originating in or exported from Ukraine; excluding universal mill plate, plate for use in the manufacture of pipe and plate having a rolled, raised figure at regular intervals on the surface (also known as floor plate).”
The subject goods are normally imported into Canada under one of the following ten-digit Harmonized System classification numbers:
- 7208.51.91.10
- 7208.51.91.91
- 7208.51.91.92
- 7208.51.91.93
- 7208.51.91.94
- 7208.51.91.95
- 7208.51.99.10
- 7208.51.99.91
- 7208.51.99.92
- 7208.51.99.93
- 7208.51.99.94
- 7208.51.99.95
- 7208.52.90.10
- 7208.52.90.91
- 7208.52.90.92
- 7208.52.90.93
- 7208.52.90.94
- 7208.52.90.95
