ARCHIVED - Notice of Conclusion of Re-Investigation

This page has been archived.

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

Dumping file #: 4214-12
Dumping case #: AD/1358

Subsidy file #: 4218-21
Subsidy case #: CVD/118

Ottawa, April 8, 2011

This notice advises that on April 8, 2011, 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, and the amounts of subsidy of certain copper pipe fittings originating in or exported from China pursuant to the Special Import Measures Act (SIMA). A complete product definition of the subject goods can be found in Appendix 1 to this notice.

The re-investigation was initiated on December 6, 2010, as part of the CBSA's enforcement of the finding made by the Canadian International Trade Tribunal (Tribunal) on February 19, 2007.

At the initiation of the re-investigation, the CBSA sent Requests for Information (RFI) to exporters to obtain information on subsidies and the costs and selling prices of subject goods and like goods. Specific normal values and amounts of subsidies for future shipments have been determined for all exporters that provided a complete submission.

Exporters that have received normal values:

• United States
  
  
  • Elkhart Products Corporation
  • Interstate Assembly Systems
  • Mueller Industries Inc.
  • Nibco Inc.
  
  
  
• Republic of Korea
  
  
  • Jungwoo Metal Ind. Co., Ltd.
  
  
  
• People's Republic of China
  
  
  • Zhuji City Howhi Air Conditioners Made Co., Ltd.

Where sufficient information was not available to determine a specific normal value, normal values for future shipments have been determined by ministerial specification, which is calculated by advancing the export price of the goods by 242%. For all exporters of subject goods not listed above, normal values will be determined by this ministerial specification.

Exporters that have received specific amounts of subsidy:

• People's Republic of China
  
  
  • 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.

Normal values and amounts of subsidy will be effective for the subject goods released from the CBSA on or after April 8, 2011. All normal values and amounts of subsidy previously in place expire on that date. 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 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.

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 or countervailing duties.

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

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, Korea and China.

The following information is to be taken into consideration in identifying copper pipe fittings (subject goods) that are subject to the Tribunal's finding of material injury issued on February 19, 2007, and being enforced by the CBSA:

1. The subject goods are identified in terms of imperial measurement, i.e. inches. The Tribunal's finding also encompasses the metric equivalents of the imperial measurement. The term metric equivalent refers to those fittings that are soft converted equivalents of the imperial sized fittings and does not include fittings made specifically in metric dimensions.

2. The subject goods are identified either as a wrought product or as a cast product. Where a subject good contains an asterisk (“ * ”), the Tribunal's finding applies to both the wrought product and the cast product.

3. The subject goods are identified in terms of nominal size. Plumbing and heating fittings are marked according to nominal sizes that correspond to the inside diameters, while fittings for air conditioning and refrigeration applications are based on the actual outer diameter sizes. The Tribunal's finding encompasses subject goods that are described in terms of their inside diameter size. To determine the nominal size of a fitting that is measured in terms of its outside diameter size, always subtract ^1/8" from the outside diameter size.

4. Not all copper pipe fittings are subject to the Tribunal's finding. Certain sizes are not included in the listing of subject goods. Certain wrought products and certain cast products are not included in the listing of subject goods. A detailed listing of subject goods can be found on the CBSA's Web site at: www.cbsa-asfc.gc.ca/sima-lmsi/i-e/ad1358/ad1358-i-pi-eng.html.

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

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