ARCHIVED - Notice of Conclusion of Re-investigation

This page has been archived.

Certain Carbon Steel Fasteners

Ottawa, March 14, 2014

The Canada Border Services Agency (CBSA) has today concluded a re-investigation to update 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 and to update the amounts of subsidy of certain carbon steel fasteners originating in or exported from China, pursuant to the Special Import Measures Act (SIMA).  

The re-investigation was initiated on October 21, 2013 as part of the CBSA’s enforcement of the Canadian International Trade Tribunal (Tribunal) findings of material injury issued on January 7, 2005 in Inquiry No. NQ-2004-005 and continued by the Tribunal’s orders issued on January 6, 2010 in Expiry Review No. RR-2009-001.

A complete product definition of the subject goods and additional product information to assist in differentiating between subject and non-subject goods is provided in Appendix 1.

At the initiation of the re-investigation, the CBSA sent a Dumping and a Subsidy Request for Information (RFI) to exporters to obtain information for the determination of normal values, exports prices and amounts of subsidy.  At the same time, a Subsidy RFI was sent to the Government of China (GOC) to obtain information on various subsidy programs in that country and a Dumping RFI was also sent to importers of subject 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 export prices.   If the exporter or its suppliers/manufacturers provided insufficient information, normal values for that exporter will be determined by advancing the export price of the goods by 170 %, pursuant to a ministerial specification under section 29 of SIMA.

With respect to the subsidy portion of the re-investigation, which relates only to subject goods originating in or exported from China, the GOC did not respond to the Government Subsidy RFI.  However, the CBSA considered the information from the manufacturers/exporters that provided a complete response to the Subsidy RFI in order to determine amounts of subsidy.  For all other exporters, including those that provided insufficient information, the amount of subsidy applicable will be 1.25 Chinese Renminbi per kilogram, pursuant to a ministerial specification under subsection 30.4(2) of SIMA.

Importers are cautioned that unless the exporter from whom they intend to import subject goods is listed in the normal values and amounts of subsidy tables below, normal values will be determined by advancing the export price of the subject goods by 170%, and (where applicable) 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 of subject goods into Canada have been determined for the exporters listed below:

SUBJECT GOODS ORIGINATING IN OR EXPORTED FROM CHINESE TAIPEI
Chaen Wei Corporation
Chan Liang Enterprise Co., Ltd.
Chia-Li Co., Ltd.
CPC Fasteners International Co., Ltd.
De Hui Screw Industry Co., Ltd.
Dragon Iron Factory Co., Ltd.
Dynamic Fastener Service, Inc. (USA)
Easylink Industrial Co., Ltd.
Faithful Engineering Products Co. Ltd.
Hilti Inc. (USA)
Hom Wei Enterprise Corp.
Homade Inc.
Honor Best Co., Ltd.
Jau Yeou Industry Co., Ltd.
JC Grand Corporation
Kind-Auspice Industrial Co., Ltd .
Katsuhana Fasteners Corp.
Kreg Enterprisese, Inc. (USA) and Kreg Tool Company (USA)
Kwantex Research Inc.
Masterpiece Hardware Industrial Co., Ltd.
Midas Union Co., Ltd.
Newfast Co., Ltd.
Phillips Midwest (USA)
QST International Corp.
Racing Point Industry Co., Ltd.
Screw Products, Inc. (USA)
Sheh Fung Screws Co., Ltd.
Sumeeko Industries Co., Ltd.
Taifas Corporation
Taiwan Shan Yin International Co., Ltd.
Top-Green Fastener-Tech Corporation
Wictory Co., Ltd.
Your Choice Fasteners & Tools Co., Ltd.
Zyh Yin Enterprise Co., Ltd.
All other exporters 170%

 

SUBJECT GOODS ORIGINATING IN OR EXPORTED FROM THE PEOPLE'S REPUBLIC OF CHINA
Jiaxing Feihua Fasteners Co. Ltd.
Jiaxing Fengjian Hardware Products Co., Ltd.
Qingdao Top Steel Industrial Co., Ltd.
Robertson (Jiaxing) Inc.
All other exporters 170%

Specific amounts of subsidy for future shipments of subject goods into Canada have been determined for the exporters below:

SUBJECT GOODS ORIGINATING IN OR EXPORTED FROM THE PEOPLE'S REPUBLIC OF CHINA	Amount of Subsidy (Chinese Renminbi per kilogram)
Jiaxing Feihua Fasteners Co. Ltd.	0.007
Jiaxing Fengjian Hardware Products Co., Ltd.	0.187
Qingdao Top Steel Industrial Co., Ltd.	0.000
Robertson (Jiaxing) Inc.	0.002
Suzhou Hongly Hardware Co., Ltd. and Suzhou Litto Fastener Co., Ltd.	0.005
Tapoo Metal Products (Shanghai) Co., Ltd. and Shanghai Tapoo Hardware Co., Ltd.	0.008
All other exporters	1.25

The normal values and amounts of subsidy determined will be effective for subject goods released from the CBSA on or after March 14, 2014.  All normal values and amounts of subsidy previously in place expire on that date.  In addition, the normal values and amounts of subsidy determined on the basis of this re-investigation may be applied to any entries of subject goods under appeal.

Following the February 14, 2014 close of the record, case arguments were received from Leland Industries Inc.  The CBSA did not receive any reply submissions.  All information submitted in the case arguments were given due consideration by the CBSA.

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, as would the amounts of subsidy for subject goods originating in or exported from China. 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 duties.

Importers are reminded that it is the responsibility of importers to calculate and declare their anti-dumping and countervailing duties liability.  Customs brokers acting on the behalf of importers should be advised that the goods are subject to anti-dumping/countervailing measures and be provided with sufficient information necessary to clear the shipments.  In order to determine their liability for anti-dumping duty and/or countervailing duty, importers should contact their suppliers who can provide information on normal values and amounts of subsidy.  Under limited circumstances, the CBSA may make this information available to importers.  For more information, please refer to Memorandum D14-1-2, Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established Under the Special Import Measures Act for Importers, on the CBSA Web site at www.cbsa-asfc.gc.ca/publications/dm-md/d14-eng.html.

The Customs Act (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 redetermination may be filed with the Director General, Anti-dumping and Countervailing Directorate, Ottawa, Ontario 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.

Any questions concerning the above should be directed to:

 

 

 

 

 

---

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 fasteners 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) findings/orders 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 certain carbon steel fasteners were excluded by the Tribunal’s findings/orders 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:

The subject goods are normally classified under the following Harmonized System (HS codes) classification numbers:

• 7318.11.00.00
• 7318.12.00.00
• 7318.14.00.00
• 7318.15.00.11

• 7318.15.00.12
• 7318.15.00.21
• 7318.15.00.29
• 7318.15.00.31

• 7318.15.00.32
• 7318.15.00.39
• 7318.15.00.44

 

Note: The listing of HS codes is for convenience of reference only. Refer to the product definition for authoritative details regarding the subject goods.

• 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 findings/orders.