ARCHIVED - Notice of Conclusion of Re-investigation

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Copper Pipe Fittings from the United States of America, the Republic of Korea and the People's Republic of China

Ottawa, August 27, 2008

This notice advises that on August 27, 2008, the Canada Border Services Agency (CBSA) concluded a re‑investigation of the normal values and the export prices of certain copper pipe fittings originating in or exported from the United States of America, the Republic of Korea and the People’s Republic of China pursuant to the Special Import Measures Act (SIMA).

The re-investigation is part of the CBSA’s enforcement of the finding made by the Canadian International Trade Tribunal (Tribunal) on February 19, 2007.

The goods subject to the Tribunal’s finding are:

“Solder joint pressure pipe fittings and solder joint drainage, waste and vent pipe fittings, made of cast copper alloy, wrought copper alloy or wrought copper, for use in heating, plumbing, air conditioning and refrigeration applications, originating in or exported from the United States of America, the Republic of Korea and the People’s Republic of China.

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

HS 74.12	Copper tube or pipe fittings (for example, couplings, elbows, sleeves)
7412.10.00	of refined copper
7412.10.00.11	Pressure type: Wrought
7412.10.00.19	Pressure type: Other
7412.10.00.20	Drainage type
7412.20.00	of copper alloys
7412.20.00.11	Pressure type: Forged
7412.20.00.12	Pressure type: Cast
7412.20.00.19	Pressure type: Other
7412.20.00.20	Drainage type

The CBSA may take into consideration HS classification numbers 7412.10.00.90 – Other, and 7412.20.00.90 – Other, with the understanding that subject goods are on occasion misclassified.

A detailed listing of subject goods can be found on the CBSA’s Web site at
cbsa-asfc.gc.ca/sima-lmsi/i-e/ad1358/ad1358-i-pi-eng.html.

For exporters that cooperated with the CBSA in this re-investigation, the normal values will be effective for the subject goods released from the CBSA on or after August 27, 2008.  All normal values previously in place expire on that date.  An exporter was considered cooperative if a complete response to the CBSA’s Request for Information was submitted and the exporter permitted verification of this data.  Appendix 1 contains a list of the exporters that have been provided with new normal values.

Where an exporter did not provide sufficient information, normal values will be determined in accordance with a ministerial specification, which is calculated by advancing the export price of the goods by 242%.

In addition, the normal values 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. 

It is the responsibility of importers to calculate and declare their anti‑dumping and countervailing duty liability.  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.  Customs brokers acting on the behalf of importers should be advised that the goods are subject to anti-dumping/countervailing action and be provided with sufficient information necessary to clear the shipments.  For more information please refer to Memorandum D14-1-2, Disclosure of Normal Value and Export Price Established Under the Special Import Measures Act for Importers, on the CBSA Web site at cbsa-asfc.gc.ca/publications/dm-md/d14-eng.html.

The onus is on concerned parties to advise the CBSA in a timely manner of any changes to domestic prices, market conditions and/or costs associated with production and sales, as these changes could warrant retroactive assessments of anti-dumping and/or countervailing duty.

Should the importer disagree with the determination made on any importation of goods, a request for redetermination may be filed with the Director General, Trade Programs Directorate, 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 Redetermination (an Appeal) of Goods Under the Special Import Measures Act.

Any questions concerning the above should be directed to:

Peter Dupuis   613-954-7341

Walid Ben Tamarzizt   613-954-7265

Web site: www.cbsa-asfc.gc.ca/sima-lmsi/menu-eng.html

General e-mail: simaregistry-depotlmsi@cbsa-asfc.gc.ca

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

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Appendix 1

Exporters that received specific normal values

United States

Carrier Corporation
D.A. Fehr, Inc.
Elkhart Products Corporation
Lee Brass Company
Mueller Industries Inc.
Nibco Inc.
United Refrigeration, Inc.

Republic of Korea

Jungwoo Metal Ind. Co., Ltd.

People’s Republic of China

Tianli Pipe Fitting Co., Ltd.
Zhuji City Howhi Air Conditioners Made Co., Ltd.

For all other exporters of subject goods not listed above, normal values will be determined in accordance with a ministerial specification, which is calculated by advancing the export price of the goods by 242%.

This re-investigation was only in relation to dumping and does not change any amounts of subsidy already in place.

Exporters that already have specific amounts of subsidy

People’s Republic of China

Tianli Pipe Fitting Co., Ltd.
Zhuji City Howhi Air Conditioners Made Co., Ltd.

For all other exporters of subject goods from the People’s Republic of China, the amount of subsidy will be determined in accordance with a ministerial specification, and is equal to 17.73 Chinese Renminbi per kilogram.