ARCHIVED - Notice of Conclusion of Re-investigation- REVISED -

Certain stainless steel wire

This page has been archived.

Ottawa, November 17, 2008

This is further to the notice issued on October 8, 2008, advising that the Canada Border Services Agency (CBSA) concluded its re-investigation of the normal values and export prices of certain stainless steel wire originating in or exported from the Republic of Korea, Switzerland and the United States of America, and the amounts of subsidy of certain stainless steel wire originating in or exported from India, pursuant to the Special Import Measures Act (SIMA).

The re-investigation was initiated on May 15, 2008 as part of the CBSA’s enforcement of the finding made by the Canadian International Trade Tribunal (Tribunal) on July 30, 2004.
 
The goods subject to the Tribunal’s finding and applicable ten-digit Harmonized System classification numbers are described in Appendix 1.  Additional product information to assist in differentiating between subject and non-subject goods is provided in Appendix 2.

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 values for future shipments have been determined for the following cooperative exporters:  Sandvik Materials Technology USA, of Scranton, Pennsylvania, and Euroweld Ltd., of Mooresville, North Carolina.

With respect to subsidy, separate RFIs were sent to the government of India and to exporters in India to obtain information on various subsidy programs in that country.  Three exporters from India together with the government of India, provided sufficient information to enable the determination of new amounts of subsidy for these exporters.  Specific subsidy rates for future shipments have been determined for these cooperative exporters.  The rates are as follows:

Exporter	Amount of Subsidy (Rupees per metric tonne)
Viraj Profiles Limited	5,861
Venus Wire Industries	2,512
Macro Bars & Wires India Ltd.	3,768
Nevatia Steel & Alloys Pvt. Ltd.	8,734¹

 

For exporters that cooperated with the CBSA in this re-investigation, the normal values and amounts of subsidy established will be effective for subject goods released from the CBSA on or after October 8, 2008.  The previous normal values and amounts of subsidy will apply to importations of subject goods that have cleared Customs prior to October 8, 2008.

Case arguments with respect to the re-investigation were received on behalf of the complainant.  Issues and concerns raised in the brief were given due consideration for purposes of the
re-investigation.

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 181% in accordance with the ministerial specification.  Similarly, for exporters of subject goods originating in India who did not provide sufficient information to determine amounts of subsidy, the applicable amount of subsidy will be determined in accordance with a ministerial specification at the rate of 13,857 rupees per metric tonne.

It should be noted that stainless steel belting wire used in the production of conveyor belts and stainless steel wire line used in the oil and gas industry are subject to an anti-dumping duty remission order (number 2005-2112).  Remission is granted for anti-dumping duty paid or payable in excess of 35% of the export price in respect of these two stainless steel wire products. 

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.  Similarly, the amount of export charges to be deducted from the export price may also need revision to reflect current conditions, as would, in the case of goods exported from India, the amounts of subsidy.  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 and/or countervailing duty.

Importers are reminded that it is their responsibility to calculate and declare their anti-dumping and countervailing 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 and/or countervailing 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 and countervailing 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 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 ON  K1A 0L8

E-mail:  simaregistry-depotlmsi@cbsa-asfc.gc.ca
Fax:  (613) 948-4844

Officers’ names and contact information:

Vera Hutzuliak              (613) 954-0689           Vera.Hutzuliak@cbsa-asfc.gc.ca
Patrick Mulligan            (613) 952-6720           Pat.Mulligan@cbsa-asfc.gc.ca

Appendix 1

Product Definition

Subject goods are:

cold drawn and annealed stainless steel round wire, up to and including 0.300 inches (7.62 mm) in maximum solid cross-sectional dimension, originating in or exported from India, the Republic of Korea, Switzerland, and the United States of America.

The subject goods are usually classified under the following Harmonized System classification numbers: 7223.00.11.00; 7223.00.19.00; 7223.00.20.00.

The following goods were excluded from the Tribunal’s finding of July 30, 2004, and, therefore, are not subject to anti-dumping duty or countervailing duty:

• Nickel-coated stainless steel wire.
  
  
• Copper-coated stainless steel wire.
• Stainless steel wire for use in the manufacture of springs, per ASTM A313, matte finish, lubricant coated (all types), in all grades and in all diameters.
  
  
• Stainless steel wire in diameters of 0.032 inches (0.813 mm) and smaller.
  
  
• Stainless steel lashing wire.
  
  
• Type 27-7MO (trade name) stainless steel wire, also identified as UNS S31277, or equivalent.
  
  
• Types 302 and 430 stainless steel cold-heading wire for use in the manufacture of semi-tubular solid rivets.
  
  
• Types 308LHS, 309LHS, 387, 409CB and 430LCB stainless steel welding wire packaged in fibre-drum bulk packs, drum packs or barrel packs, known as "Tech Paks" or equivalent, in sizes of 250 lbs. (113.4 kg) or greater, for use in long-run welding applications.
  
  
• Type 439 titanium stabilized, solid stainless steel welding wire packaged in 500-lb. (226.8-kg) drums.
  
  
• Type A-286 stainless steel cold-heading wire, also identified as AISI No. 660, UNS K66286 DIN-1.4980, with the following composition: 0.08% max. carbon, 2.00% max. manganese, 1.00% max. silicon, 0.025% max. phosphorous, 0.025% max. sulfur, 13.50/16.00% chromium, 24.00/27.00% nickel, 1.00/1.50% molybdenum, 0.50% max. copper, 1.00% max. cobalt, 0.35% max. aluminum, 1.90/2.35% max. titanium, 0.10/0.50% vanadium and 0.003/0.010% boron.
  
  
• Type A286/A286SF stainless steel cold-heading wire.
  
  
• Type XM-19 stainless steel wire, also identified as UNS S20910.
  
  
  

Appendix 2

Additional Product Information

Annealing

All stainless steel round wire that has undergone an annealing operation at any time is deemed to be subject.

Round Wire

Only round stainless steel wire is subject.  If the wire is in any other shape
(i.e. flattened, square, triangle, etc.) it is not subject.

Cored Wire

Only solid stainless steel wire is subject.  Cored or hollow wire is not subject. 
Cored stainless steel wire is typically filled with a flux and is used as welding wire.

Stranded Wire / Braided Wire

Stranded wire and braided wire are made from a number of single wires twisted together.  Both stranded wire and braided wire are not subject.

Wire vs. Rod

Wire is produced by taking a rod or a wire rod and cold drawing it through one or more dies until the desired size and shape is achieved.  The wire produced in this manner remains wire even if it is cut-to-length later, such as the case with TIG welding wire, which is sometimes referred to as “TIG rod.”

Rod is often called wire rod because it is commonly further processed into wire.  The important difference between rod (or wire rod) and wire is that wire has been cold drawn while rod has not been further worked than hot-rolled.  Therefore, true rod or wire rod is not subject, but welding wire in TIG form (even if identified as TIG rod) is subject.

Length

The product definition does not specify length.  Therefore, all stainless steel round wire regardless of length is deemed to be subject.

Electrodes

Electrodes that are flux-coated, cut, tipped and packaged are considered goods further manufactured from wire and are not subject.  However, bare MIG and SAW welding wire, although functioning as both filler material and electrode in the welding process, are subject wire.