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ARCHIVED - Notice of Conclusion of Re-investigation

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Certain Carbon Steel and Stainless Steel Fasteners

Ottawa, February 23, 2009

This notice advises that, on February 23, 2009, the Canada Border Services Agency (CBSA) concluded its re-investigation of the normal values, export prices, and amounts of subsidy of certain carbon steel fasteners originating in or exported from the People's Republic of China (China), and the normal values and export prices of certain carbon steel and stainless steel fasteners originating in or exported from Chinese Taipei, pursuant to the Special Import Measures Act (SIMA).

The re-investigation was initiated on September 15, 2008 as part of the CBSA's enforcement of the finding made by the Canadian International Trade Tribunal (Tribunal) on January 7, 2005.

The goods subject to the Tribunal's finding, and additional product information to assist in differentiating between subject and non-subject goods is provided in Appendix 1.

The subject goods are usually classified under the following Harmonized System classification numbers: 

  • 7318.11.00.00
  • 7318.12.00.00
  • 7318.14.00.00
  • 7318.15.90.11
  • 7318.15.90.12
  • 7318.15.90.21
  • 7318.15.90.29
  • 7318.15.90.31
  • 7318.15.90.32
  • 7318.15.90.39
  • 7318.15.90.44


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.

PLEASE NOTE THAT FOR THIS RE-INVESTIGATION THE CBSA CONTACTED PARTIES RESPONSIBLE FOR SUBSTANTIALLY ALL SHIPMENTS OF SUBJECT GOODS RELEASED INTO CANADA BETWEEN JANUARY 1, 2008 AND JUNE 30, 2008. THE CBSA DID NOT CONTACT A REPRESENTATIVE SAMPLE OF EXPORTERS FOR PURPOSES OF THE RE-INVESTIGATION. CONSEQUENTLY, THERE IS NOT A CATEGORY FOR NON-SAMPLED EXPORTERS.

EXPORTERS WHO ARE NOT THE MANUFACTURER OF THE SUBJECT GOODS RECEIVED NORMAL VALUES ONLY TO THE EXTENT THAT THEIR SUPPLIERS/MANUFACTURERS PROVIDED SUFFICIENT INFORMATION TO PERMIT THE DETERMINATION OF NORMAL VALUES AND EXPORT PRICES. IF NONE OF THE EXPORTER'S SUPPLIERS/MANUFACTURERS PROVIDED SUFFICIENT INFORMATION, NORMAL VALUES FOR THAT EXPORTER WILL BE DETERMINED BY ADVANCING THE EXPORT PRICE OF THE GOODS BY 170%, PURSUANT TO A MINISTERIAL SPECIFICATION.

IMPORTERS ARE CAUTIONED THAT UNLESS THE EXPORTER FROM WHOM THEY INTEND TO IMPORT SUBJECT FASTENERS IS LISTED BELOW, NORMAL VALUES WILL BE DETERMINED BY ADVANCING THE EXPORT PRICE OF THE SUBJECT GOODS BY 170%, PURSUANT TO A MINISTERIAL SPECIFICATION. IN ADDITION, IF THE SUBJECT GOODS ORIGINATE IN, OR ARE EXPORTED FROM CHINA AND THE EXPORTER IS NOT LISTED BELOW AS HAVING A SPECIFIC AMOUNT OF SUBSIDY, THE AMOUNT OF SUBSIDY APPLICABLE WILL BE 1.25 CHINESE RENMINBI PER KILOGRAM, IN ACCORDANCE WITH A MINISTERIAL SPECIFICATION.

Specific normal values for future shipments have been determined for the following cooperative exporters listed below:

SUBJECT GOODS ORIGINATING IN
OR EXPORTED FROM CHINESE TAIPEI
Barnes Distribution (USA)
Chan Liang Enterprise Co., Ltd.
CPC Fasteners International Co., Ltd.
Dragon Iron Factory Co., Ltd.
Faithful Engineering Products Co., Ltd.
Fastenal Company (USA)
Hilti, Inc. (USA)
Homade Inc.
Honor Best Co., Ltd.
Jau Yeou Industry Co., Ltd.
Kind-Auspice Industrial Co., Ltd.
Kwantex Research Inc.
Min Hwei Enterprise Co., Ltd.
Newfast Co., Ltd.
Shin Mone Screw Co., Ltd.
Shuenn Chang Fa Enterprise Co., Ltd.
Taiwan Shan Yin International Co., Ltd.
Tong Hwei Enterprise Co., Ltd.
Wictory Co., Ltd.
Yoang Ming Industrial Co., Ltd.
Zyh Yin Enterprise Co., Ltd.

All other exporters

170%
SUBJECT GOODS ORIGINATING IN OR
EXPORTED FROM THE
PEOPLE'S REPUBLIC OF CHINA
Fastenal Company (USA)
Jiaxing Fengjian Hardware Products Co., Ltd.
Robertson (Jiaxing) Inc.
Tapoo Metal Products (Shanghai) Co., Ltd.
Yan Tai Xincheng Standard Fasteners Co., Ltd.

All other exporters

170%

With respect to subsidy, separate RFIs were sent to the government of China and to exporters in China to obtain information on various subsidy programs in that country. Four exporters from China together with the government of China, 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 listed below:

SUBJECT GOODS ORIGINATING IN OR
EXPORTED FROM THE
PEOPLE'S REPUBLIC OF CHINA
Amount of Subsidy
(Chinese Renminbi per
kilogram)
Gem-Year Industrial Co., Ltd. 0.25
Jiaxing Fengjian Hardware Products Co., Ltd. 0.00
Tapoo Metal Products (Shanghai) Co., Ltd. 0.17
Yan Tai Xincheng Standard Fasteners Co., Ltd. 0.00
All other exporters 1.25

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 February 23, 2009. The previous normal values and amounts of subsidy will apply to importations of subject goods that have cleared Customs prior to February 23, 2009.

In addition, the normal values and amounts of subsidy determined on the basis of the re-investigation will be applied to any entries of subject goods under appeal that have yet to be re-determined at the time of the conclusion of this re-investigation.

Case arguments with respect to the re-investigation were received on behalf of the Government of China and two exporters. No reply submissions were received. Issues and concerns raised in the case arguments 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 170% in accordance with the ministerial specification.

Similarly, for exporters of subject goods originating in China 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 1.25 Chinese renminbi per kilogram.

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 originating in or exported from China, 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, Ontario
K1A 0L8

FAX:  613-948-4844
General e-mail: simaregistry-depotlmsi@cbsa-asfc.gc.ca
Web site:  www.cbsa-asfc.gc.ca/sima-lmsi/menu-eng.html

Officers’ names and contact information:

Richard Pragnell  613-954-0032
Richard.Pragnell@cbsa-asfc.gc.ca

Denis Chénier  613-952-7547
Denis.Chenier@cbsa-asfc.gc.ca




Appendix 1

Product Definition

Subject goods are:

Certain carbon steel screws originating in or exported from the People's Republic of China and Chinese Taipei, and certain stainless steel screws originating in or exported from Chinese Taipei, excluding those specifically designed for application in the automotive or aerospace industry..

Additional Product Information

The following carbon steel & stainless steel screws are considered subject products:

  Imperial Metric
  Diameter Length Diameter Length
Wood Screws #4 to #24
(0.112" to 0.386")
3/8 to 8 in. M3 to M10 10 mm to 200 mm
Square and Hex Lag Screws #14 to #24
(1/4" to 0.386")
3/4 to 4 in. M6 to M10 20 mm to 100 mm
Sheet Metal/Tapping Screws #4 to #24
(0.112" to 0.386")
3/8 to 8 in. M3 to M10 10 mm to 200 mm
Thread Forming Screws #4 to #24
(0.112" to 0.386")
3/8 to 3 in. M3 to M10 10 mm to 75 mm
Thread Cutting Screws #4 to #24
(0.112" to 0.386")
3/8 to 3 in. M3 to M10 10 mm to 75 mm
Thread Rolling Screws #4 to #24
(0.112" to 0.386")
3/8 to 3 in. M3 to M10 10 mm to 75 mm
Self-drilling Tapping Screws #4 to #24
(0.112" to 0.386")
3/8 to 3 in. M3 to M10 10 mm to 75 mm
Machine Screws #4 to 3/8 in
(0.112" to 3/8”)
3/8 to 8 in. M3 to M10 10 mm to 200 mm
Flange Screws 1/4 to 5/8 in 3/8 to 4 in. M6 to M16 10 mm to 100 mm

Note:

  • Hex socket cap screws and socket cap screws are specifically excluded and hex cap screws as a whole are also excluded.
  • “Lag bolts” are in actuality considered to be subject lag screws
  • There is a difference between wing screws and screws with wings, the former are excluded while the latter are, with the exception of machine screws with wings, included
  • Some fasteners designated as “bolts” are in reality subject screws, namely: flange bolts, bin bolts, grain bin bolts, square and hex lag bolts, and stove bolts

For purposes of greater clarity, in order for imported goods to be excluded by the Canada Border Services Agency, as screws specifically designed for use in the automotive industry, the goods must qualify for and be imported under the tariff item No. 9958.00.00. To be imported duty-free, including anti-dumping and/or countervailing duties, as applicable, the goods must be accompanied by satisfactory evidence that the imported goods are used either:

  • (a) in the manufacture of original equipment parts for passenger automobiles, trucks, or buses; or
  • (b) as original equipment in the manufacture of such vehicles or chassis.

Goods for after-market applications and goods in the form of materials are not eligible for consideration under tariff item No. 9958.00.00, and will not be excluded from the Tribunal's finding. For more information please refer to Customs Memorandum D10-15-21.

The following carbon steel and stainless steel screws were excluded by the Canadian International Trade Tribunal’s finding of January 7, 2005, and therefore, are not subject goods:

  • Acoustic lag screws
  • Aster screws
  • Chicago screws
  • Collated screws
  • Connector screws (kd)
  • Decor screws
  • Drawer handle screws
  • Drive spikes RR
  • Euro screws
  • Hex socket cap screws
  • Instrument screws
  • Knurled head screws
  • Machine screws with wings
  • Optical screws
  • Screw spikes RR
  • Security screws
  • Self-clinching studs
  • Socket cap screws
  • Socket set screws
  • Square-head set screws
  • Thumb screws
  • U-drive screws
  • Wing screws
  • Screws imported under tariff item Nos. 9952.00.00, 9964.00.00, 9969.00.00 and 9972.00.00 for use in the manufacture of snowmobiles, all-terrain vehicles and personal watercraft.

The following stainless steel screws were excluded by the Canadian International Trade Tribunal’s finding of January 7, 2005, and therefore, are not subject goods:

  • Socket set shoulder screws
  • T-U screws