ARCHIVED - Notice of Conclusion of Reinvestigation

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Certain Steel Structural Tubing - 2010

Dumping file #: 4258-122
Dumping case #: AD/1303

Ottawa, March 11, 2011

The Canada Border Services Agency (CBSA) has today concluded a re-investigation of the normal values and export prices respecting certain steel structural tubing, also known as hollow structural sections, originating in or exported from the Republic of Korea, South Africa and Turkey, pursuant to the Special Import Measures Act (SIMA).

The re-investigation was initiated on December 20, 2010, as part of the ongoing enforcement of the Canadian International Trade Tribunal's (Tribunal) finding of material injury made by the Tribunal on December 23, 2003, in Inquiry No. NQ-2003-001 and continued on December 22, 2008 in expiry review No. RR-2008-001.

The goods subject to the Tribunal's finding are defined in Appendix 1 and are normally classified under the listed ten-digit Harmonized System classification numbers.

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.

Given that no submissions to the CBSA's RFIs were received from any of the exporters, all exporters were deemed to be non-cooperative in the re-investigation.¹ Accordingly, the normal values for all exporters will be determined in accordance with a ministerial specification under SIMA based on the export price of the goods advanced by 89 %. The normal values will be effective for the subject goods released from the CBSA on or after March 11, 2011.

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 duties, 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.

Furthermore, importers must properly describe the imported goods for Customs and SIMA purposes, as outlined in Appendix 2, regardless of whether the documentation is provided as paper or electronically (e.g. through the use of ACROSS). Failure to provide this information may result in an incorrect assessment of anti-dumping duties and the application of penalties pursuant to the Administrative Monetary Penalty System (AMPS).

The Customs Act (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. 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.

Any questions concerning the above should be directed to:

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APPENDIX 1

CERTAIN STEEL STRUCTURAL TUBING ORIGINATING IN OR EXPORTED FROM THE REPUBLIC OF KOREA, SOUTH AFRICA AND TURKEY

Product Definition

The goods subject to the Tribunal's finding are defined as steel structural tubing known as hollow structural sections (HSS) made of carbon and alloy steel, welded, in sizes up to and including 16.0 inches (406.4 mm) in outside diameter (O.D.) 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.

The subject goods are normally imported into Canada under the following Harmonized System classification numbers:

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

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APPENDIX 2

Detailed product description required for purposes of contraventions C223 and C224 for the CITT finding dated December 23, 2003, and continued on December 22, 2008, for certain steel structural tubing originating in or exported from the Republic of Korea, South Africa and Turkey.

INFORMATION REQUIRED ON CUSTOMS DOCUMENTS

Listed below is the information that must be provided to the CBSA regardless of whether the documentation is provided as paper or electronically (e.g. through the use of ACROSS). Failure to provide this information may result in the application of penalties to the importer, pursuant to the Administrative Monetary Penalty System (AMPS). The Customs Act applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti-dumping duties.

The import documentation should clearly indicate the following:

• Harmonized System (HS) classification number
• Confirmation whether the product is subject to anti-dumping duties
• Name and address of producer/manufacturer
• Location of plant/mill of production
• Place from which direct shipment to Canada began
• Name and address of vendor (if different from the producer)
• Country of origin
• Country of export
• Canadian customer's name and address
• Canadian importer's name and address (if different from the customer)
• Full product description
  • - product name and/or number
  • - product grade and specification
  • - shape
  • - dimension and wall thickness
  • - length
• Date of sale, date of shipment
• Quantity (state unit of measure – e.g. kg, metric tonne)
• Unit selling price and total selling price to importer in Canada
• Currency of settlement used (e.g. US$, CDN$, etc.)
• Terms and conditions of sale (e.g. FOB, CIF, etc.) and,
• All costs, expenses, and charges incurred by the exporter and vendor in the shipment of the subject goods to Canada from the point of direct shipment (includes inland and ocean freight, insurance, duties, port and handling charges, etc).

Headquarters Contact:

Lise Bergeron
Senior Enforcement and Appeals Officer
Tel: 613-954-1645
Fax: 613-948-4844
E-mail: lise.bergeron@cbsa-asfc.gc.ca

Anna Cormier
Enforcement and Appeals Officer
Tel: 613-954-1665
Fax: 613-948-4844
E-mail: anna.cormier@cbsa-asfc.gc.ca

 

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1. An exporter is considered cooperative if a complete response to the RFI was submitted on time and the exporter permitted verification of this data.