ARCHIVED - Notice of Conclusion of Re-investigation

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Certain steel structural tubing

January 10, 2008

1. This notice is to advise that, on January 10, 2008, the Canada Border Services Agency (CBSA) concluded its re investigation of the normal values and export prices of certain steel structural tubing originating in or exported from the Republic of Korea, South Africa and Turkey pursuant to the Special Import Measures Act . (refer to www.cbsa.gc.ca/sima-lmsi/menu-eng.html).

2. The re investigation is part of the CBSA’s enforcement of the December 23, 2003, finding made by the Canadian International Trade Tribunal (Tribunal).

3. The goods subject to the Tribunal’s finding are defined as steel structural tubing known as hollow structural sections made of carbon and alloy steel, welded, in sizes up to and including 16.0 inches (406.4 mm) in outside diameter for round products and up to and including 48.0 inches (1219.2 mm) in periphery for rectangular and square products, commonly but not exclusively made to ASTM A500, ASTM A513, CSA G.40.21-87-50W and comparable specifications, originating in or exported from the Republic of Korea, South Africa and Turkey.

4. The subject goods are usually classified under one of the following ten-digit Harmonized System Classification numbers:

   • 7306.30.10.23
   • 7306.30.10.33
   • 7306.30.90.23
   • 7306.50.00.30
   • 7306.30.90.33
   • 7306.61.90.12
   • 7306.61.90.22

5. The CBSA did not receive any cooperation from exporters during the re-investigation.  An exporter is considered cooperative if a complete response to the CBSA’s Request for Information (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.

6. 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 by 89 %.  These normal values will be effective for the subject goods released from the CBSA on or after January 10, 2008.  Normal values currently in place will expire on that date.

7. 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.

8. 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.

9. 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 of the Trade Programs 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 or an Appeal of Goods Under the Special Import Measures Act.

10. Any questions concerning the above should be directed to:

SIMA Registry and Disclosure Unit
Anti-dumping and Countervailing Program
Canada Border Services Agency
100 Metcalfe Street, 11th Floor
Ottawa ON  K1A 0L8

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