ARCHIVED - Notice of Conclusion of Re-investigation

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Certain Carbon Steel Fasteners - 2011

File #: 4243-38
Case #: AD/1308

Ottawa, September 23, 2011

This notice advises that, on September 23, 2011, the Canada Border Services Agency (CBSA) concluded its re-investigation of the normal values and export prices of certain carbon steel fasteners originating in or exported from the People's Republic of China (China) and Chinese Taipei, pursuant to the Special Import Measures Act (SIMA).

The re-investigation was initiated on April 28, 2011 as part of the CBSA's enforcement of the finding made by the Canadian International Trade Tribunal (Tribunal) on January 7, 2005 and continued with amendments on January 6, 2010, in Expiry Review No. RR-2009-001.

The goods subject to the Tribunal's order, 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.

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 exporter 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 exporters listed below:

 

The CBSA did not initiate a re-investigation of the amounts of subsidy. Therefore, the amounts of subsidy already in place will be effective for future shipments. 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
Robertson (Jiaxing) Inc.	0.057
Tapoo Metal Products (Shanghai) Co., Ltd.	0.17
Yantai Xincheng Standard Fasteners Co., Ltd.	0.00
All other exporters	1.25

The normal values established will be effective for subject goods released from the CBSA on or after September 23, 2011. The previous normal values will apply to importations of subject goods that have cleared the CBSA prior to September 23, 2011.

In addition, the information gathered during the re-investigation will be used to determine normal values any entries of subject goods under appeal that have yet to be re-determined at the time of the conclusion of this 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.

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 so 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 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:

 

 

 

 

 

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Appendix 1

Product Definition

Subject goods are:

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

The following is a list of subject products included in the Canadian International Trade Tribunal's (Tribunal) order for certain carbon steel fasteners.

	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

The following carbon steel fasteners were excluded by the Tribunal's order of January 6, 2010, and, therefore, are not subject to anti-dumping duty or countervailing duty:

• 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, 9972.00.00 and 9973.00.00 for use in the manufacture of snowmobiles, all-terrain vehicles, personal watercraft and three-wheeled motorcycles

• R4™ screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent numbers 2 267 572 and 2 198 832 and a Climatek™ coating which is certified to meet the ICC Evaluation Service, Inc. (ICC-ES) “Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals” (AC257); or equivalent

• RSS™ rugged structural screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent numbers 2 267 572 and 2 140 472 and a Climatek™ coating which is certified to meet the ICC-ES “Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals” (AC257); or equivalent

• MSS™ zip tip metal siding screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent numbers 2 267 572 and 2 478 635 and a Climatek™ coating which is certified to meet the ICC-ES “Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals” (AC257); or equivalent

• MSS™ drill tip metal siding screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent numbers 2 267 572 and 2 478 635 and a Climatek™ coating which is certified to meet the ICC-ES “Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals” (AC257); or equivalent

• Pan™ head screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent number 2 267 572 and a Climatek™ coating which is certified to meet ICC-ES “Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals” (AC257); or equivalent

• Cabinet™ screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent number 2 267 572 and a Climatek™ coating which is certified to meet ICC-ES “Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals” (AC257); or equivalent

• FIN/Trim™ head screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent number 2 267 572 and a Climatek™ coating which is certified to meet ICC-ES “Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals” (AC257); or equivalent

• White FIN/Trim™ head screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent number 2 267 572 and a Climatek™ coating which is certified to meet ICC-ES “Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals” (AC257); or equivalent

• RT Composite™ Trim™ head screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent number 2 267 572 and a Climatek™ coating which is certified to meet ICC-ES “Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals” (AC257); or equivalent

• White RT Composite™ Trim™ head screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent number 2 267 572 and a Climatek™ coating which is certified to meet ICC-ES “Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals” (AC257); or equivalent

• Vinyl Window™ screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent number 2 267 572 and a Climatek™ coating which is certified to meet ICC-ES “Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals” (AC257); or equivalent

• Caliburn™ concrete screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent number 2 267 572 and a Climatek™ coating which is certified to meet ICC-ES “Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals” (AC257); or equivalent

• Kameleon™ composite deck screws marketed by GRK Canada Limited which have the features and characteristics described in Canadian patent number 2 267 572 and a Climatek™ coating which is certified to meet ICC-ES “Acceptance Criteria for Corrosion-resistant Fasteners and Evaluation of Corrosion Effects of Wood Treatment Chemicals” (AC257); or equivalent

• Sharp-pointed drywall screws with diameters ranging from #6 to #7, lengths ranging from 0.4375 in. to 2.25 in., with a coarse, fine or high-low thread, with a bugle, flat, pan, truss or wafer head, with a Phillips driver and a black phosphate or standard zinc finish

• Self-drilling drywall screws with diameters ranging from #6 to #7, lengths ranging from 0.4375 in. to 2.25 in., with a fine thread, with a bugle, flat, flat truss, pan, pancake, truss or wafer head, with a Phillips driver and a black phosphate or standard zinc finish

Additional Product Information:

• 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.

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:

1. in the manufacture of original equipment parts for passenger automobiles, trucks, or buses; or
2. 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.