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ARCHIVED - Notice of Conclusion of Reinvestigation
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Certain Carbon Steel Pipe Fittings
File #: 4258-119
Case #: AD/1291
Ottawa, September 10, 2010
The Canada Border Services Agency (CBSA) has today concluded a re-investigation of the normal values and export prices respecting certain carbon steel pipe nipples and adaptor fittings, in nominal diameters up to and including 6 inches and the metric equivalents, originating in or exported from the People's Republic of China, pursuant to the Special Import Measures Act (SIMA).
The re-investigation was initiated on June 9, 2010, as part of the ongoing enforcement of the Canadian International Trade Tribunal's finding of material injury of July 16, 2003, in Inquiry No. NQ-2002-004, as amended on June 8, 2007, in Interim Review No. RD-2006-006. This finding was subsequently reviewed and continued on July 15, 2008.
The goods subject to the Tribunal's finding and the 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.
The CBSA did not receive any cooperation from exporters during the re-investigation. An exporter is considered cooperative if a complete response to the RFI was submitted on time and the exporter permitted verification of this data. No responses to the RFI were received from any of the exporters.
Due to the lack of cooperation from exporters, the CBSA did not receive sufficient information to determine normal values. As a result, normal values will be determined in accordance with a ministerial specification, which is calculated by advancing the export price of carbon steel pipe nipples by 153 % and carbon steel adaptor fittings by 117 %. These normal values will be effective for the subject goods released from the CBSA on or after September 10, 2010.
All normal values previously in place expire on September 10, 2010.
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:
Anti-dumping and Countervailing Directorate
Canada Border Services Agency
100 Metcalfe Street, 11th Floor
Ottawa, Ontario K1A OL8
CANADA
Paul Pomnikow (613) 948-7809 Paul.Pomnikow@cbsa-asfc.gc.ca
APPENDIX 1
Product definition
Subject Goods are:
“Certain carbon steel pipe nipples and adaptor fittings, in nominal diameters up to and including 6 inches or the metric equivalents, originating in or exported from the People's Republic of China. The subject goods do not include carbon steel seamless pipe nipples manufactured for high-pressure applications.”
The subject goods are normally imported into Canada under one of the following ten-digit Harmonized System Classification numbers:
7307.99.99.11 7307.99.99.19
Additional Product Information:
The subject goods include: carbon steel pipe nipples manufactured to conform with ASTM1 specification A733, including pipe nipples greater than 12 inches in length referred to as "ready cut pipe"; carbon steel electrical conduit nipples manufactured to conform with UL2 6 or CSA3 C22.2 No. 45-M1981 specifications and carbon steel adaptor fittings consisting of combination nipples, hose menders, male adapters. The subject goods are available in a variety of finishes.
The subject goods are normally produced to ASTM, UL or CSA specifications, or specifications in other recognized designation systems, or to a proprietary specification or standard.
Pipe nipples are manufactured in accordance with ASTM specification A733 from carbon steel pipe complying to: ASTM A53 type F (welded), grade A; ASTM A53 type E (electric resistance welded), grades A and B; ASTM A53 type S (seamless), grades A and B; ASTM A106 (seamless), grades A and B or ASME4 SA53 type F (welded), grade A; ASME SA53 type E (electric resistance welded), grades A and B; ASME SA53 type S (seamless), grades A and B and ASME SA106 (seamless), grades A and B. In addition, they are manufactured in various wall thicknesses of carbon steel pipe, namely schedule 40, schedule 80, schedule 160 or standard, XS (extra strong) and XXS (double extra strong), XH (extra heavy) and XXH (double extra heavy). For further clarity, carbon steel seamless pipe nipples manufactured for high pressure applications are not covered by the definition of subject goods.
The lengths of the pipe nipples begin at "close" through to 72 inches long. A "close" pipe nipple is the shortest length and is threaded from each end with the thread meeting in the middle. Pipe nipples up to 24 inches in length typically increase in ½ inch to 1-inch increments depending on the nominal diameter. In addition, pipe nipples greater than 12 inches in length are sometimes referred to as "ready cut pipe" and typically increase in 6 inch to 12 inch increments. However, custom lengths are available. The configuration on either end of a pipe nipple could be taper pipe threaded, square cut, reamed and chamfered, grooved or any combination of the aforementioned. Threads are right hand on each end unless otherwise specified. Left hand threads or plain ends or combinations are available. All threads conform to ANSI5/ASME standard B1.20.1. The pipe nipples are available in a variety of finishes, typically black or galvanized coatings.
Electrical conduit nipples are manufactured to UL 6 or CSA C22.2 No. 45-M1981 specifications. They are normally produced from welded carbon steel tube. Nominal diameters range from ½ inch to 6 inches for the conduit nipples. For the electrical conduit nipples the nominal lengths begin at "close" through to 12 inches long, typically increasing in ½ inch increments and each end has a tapered pipe thread conforming to ANSI/ASME standard B1.20.1. The electrical conduit nipples are finished with a protective zinc or alternative corrosion-resistant coating.
Adaptor fittings consist of combination nipples, hose menders, male adaptors. Combination nipples and hose menders are manufactured from welded or seamless carbon steel tube or pipe in nominal diameters from ½ inch to 6 inches. Combination nipples have a tapered pipe thread on one end, which conforms to ANSI/ASME standard B1.20.1, the other end has hose serrations. Hose menders have hose serrations on both ends. These fittings are available in a variety of finishes, typically black or galvanized coatings.
Male adaptors are manufactured from either welded or seamless carbon steel tube or pipe in nominal diameters ranging from ½ inch to 4 inches. Male adaptors are also referred to as "king nipples" and have a tapered pipe thread on one end, which conforms to ANSI/ASME standard B1.20.1 while the other end has tube serrations. These fittings are typically finished in a galvanized coating.
