ARCHIVED - Notice of Conclusion of Re-investigation

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Certain waterproof footwear and bottoms made of plastic or rubber

Dumping file #: 4261-123
Dumping case #: AD/1241

Ottawa, February 23, 2010

This notice advises that, on February 23, 2010, the Canada Border Services Agency (CBSA) concluded its re-investigation of the normal values and export prices of certain waterproof footwear and bottoms made of plastic or rubber from the People's Republic of China, pursuant to the Special Import Measures Act (SIMA).

The re-investigation was initiated on October 21, 2009, as part of the CBSA's enforcement of the order made by the Canadian International Trade Tribunal (Tribunal) on December 7, 2005.

The subject goods are described as certain waterproof footwear and bottoms of plastic or rubber, originating in or exported from China. A complete product definition of the subject goods can be found in Appendix 1 to this notice.

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.

Responses were received from six exporters. Specific normal values for future shipments have been determined for all exporters that provided a complete submission as follow:

SUBJECT GOODS ORIGINATING IN OR EXPORTED FROM THE PEOPLE’S REPUBLIC OF CHINA

C-Robert Enterprise Co. Ltd.

Chu-Shun Shoe Factory

Genfort Shoes Ltd.

Mudanjiang Baiyue Shoe-making Co. Ltd.

Quanzhou Huxia Shoes and Garment Co. Ltd.

Qingdao Zhaozhou Shoes Co., Ltd.

All other exporters                                     49%

These normal values will be applicable to subject goods released from CBSA on or after February 23, 2010.

For all exporters other than those listed above and for any subject good for which a specific normal value has not been determined, the normal value will continue to be based on the export price of the subject goods advanced by 49% in accordance with the ministerial specification.

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 market 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 duty. 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 Program, 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 Program
Canada Border Services Agency
11th Floor, 100 Metcalfe Street
Ottawa, Ontario
K1A 0L8

E-mail: simaregistry-depotlmsi@cbsa-asfc.gc.ca

Fax: (613) 948-4844

Officers’ names and contact information:

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APPENDIX 1

PRODUCT INFORMATION

Product Definition

For the purpose of this reinvestigation the subject goods are defined as:

“Waterproof footwear and bottoms of plastic or rubber, including moulded clogs, originating in or exported from the People's Republic of China, excluding ski-boots, skating boots and all footwear subject to the order made in the Canadian International Trade Tribunal Review No. RR 97-001, excluding:

• fully waterproof polyvinyl chloride injection-moulded footwear consisting of a one-piece construction where the entire surface, other than the sole portion, is coated with an adhesive and flocked with small particles of suede, suede dust or suede powder, whether or not trimmed with other materials and however fastened; and

• women's waterproof footwear consisting of a polyvinyl chloride or polyurethane injection-moulded sole of non-boat-like construction and a polyurethane or nylon upper that is treated and affixed to the sole in a manner that makes the boot fully waterproof, whether or not trimmed with other materials and however fastened.”

Product Information

The distinctive feature of waterproof footwear is that both the sole portion and a portion of the upper, sufficient to give waterproof protection to the foot, are incorporated in a single component which may be made of rubber or plastic. Styles include footwear manufactured for men, women, youth, misses and children.

Subject goods include waterproof plastic footwear made from plastic resins by injection moulding or other processes. The term “plastic” includes polyvinyl chloride (PVC) and other plastics. PVC is the plastic most commonly used in this class of footwear. In other styles, such as duck shoes or winter boots, a boat-like (or shell-like) waterproof bottom may have trimmings, attachments, liners, cuffs or tops (also referred to as “uppers”) of nylon or other materials.

Subject goods also include certain styles of waterproof rubber footwear. The term “rubber” refers to natural and synthetic rubber, including thermoplastic rubber (TPR). Rubber-bottom footwear with leather tops, waterproof rubber riding boots, snowmobile boots and waterproof rubber safety footwear are subject to this re-investigation.

Subject goods include moulded clogs. Such goods are typically made from plastic or rubber and may be open or closed at the heel, depending on the design of the sole.

Waterproof bottoms of plastic or rubber (bottom) are subject to this re-investigation. A bottom is the lower boat-like component which is combined with an upper made of nylon, leather or other material and a liner to comprise the finished waterproof footwear.

All footwear subject to the order made in Canadian International Trade Tribunal Review No. RR-97-001 is specifically excluded from the definition of subject goods for this re-investigation. The order covers certain waterproof rubber footwear constructed wholly or in part of rubber, including thermoplastic rubber, worn over the foot or shoe, with or without liners, linings, fasteners or safety features.

The subject goods are usually classified under the Harmonized System (HS) Heading 6401, 6402, 6403 and 6404 under the following HS Codes:

• 6401.10.19.00
• 6401.10.20.00
• 6401.92.11.00
• 6401.92.12.00
• 6401.92.92.90
• 6401.99.12.00
• 6401.99.19.00
• 6401.99.20.00

• 6402.19.90.90
• 6402.91.90.10
• 6402.91.90.91
• 6402.91.90.92
• 6402.91.90.93
• 6403.19.90.90
• 6403.40.00.10
• 6403.91.00.10

• 6403.91.00.91
• 6403.91.00.92
• 6403.91.00.93
• 6404.11.99.90
• 6404.19.90.20
• 6404.19.90.91
• 6404.19.90.92
• 6404.19.90.93