ARCHIVED - Notice of Conclusion of Reinvestigation

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Certain Thermoelectric Coolers and Warmers from the People's Republic of China

Dumping file #: 4214-21
Dumping case #: AD/1372

Subsidy file #: 4218-25
Subsidy case #: CV/121

Ottawa, November 25, 2010

The Canada Border Services Agency (CBSA) has today concluded a re-investigation of the normal values, export prices and amounts of subsidy of certain thermoelectric coolers and warmers originating in or exported from the People's Republic of China, pursuant to the Special Import Measures Act (SIMA).

The re-investigation was initiated on June 8, 2010, as part of the ongoing enforcement of the Canadian International Trade Tribunal's findings of material injury of December 11, 2008.

The subject goods are described as certain thermoelectric containers that provide cooling and/or warming with the use of a passive heat sink and a thermoelectric module, excluding liquid dispensers, originating in or exported from the People's Republic of China.

The subject goods are generally classified under the following 10-digit Harmonized System classification number:

8418.69.00.90

The following 10-digit Harmonized System classification numbers are also used:

8418.50.10.00
8418.50.29.00
8418.61.91.90
8418.99.90.90

At the initiation of the re-investigation, the CBSA sent Requests for Information (RFI) to importers, exporters and vendors, to solicit information on the costs and selling prices of subject and like goods as well as any subsidy programs that may be applicable to subject goods. The information was requested for purposes of updating the normal values, export prices and amounts of subsidy for subject goods imported into Canada.

A complete response to the CBSA's dumping and subsidy exporter RFIs was submitted by Mobicool International, Ltd./ Mobicool Electronic (Shenzhen) Co., Ltd. (Mobicool). As a result, Mobicool has been provided with updated normal values and amounts of subsidy applicable to subject goods released from the CBSA on or after November 25, 2010 and to entries of subject goods under appeal that have yet to be re-determined at the time of the conclusion of this re-investigation.

All normal values and amounts of subsidy previously in place for Mobicool expire on November 25, 2010.

No submissions were received from any other exporter. Accordingly, normal values for all other exporters will be determined in accordance with a ministerial specification based on the export price of the goods advanced by 37%. Amounts of subsidy for all other exporters will be determined in accordance with a ministerial specification and be will be 53.27 Chinese Renminbi per unit.

Case arguments and reply submission were received from counsel representing both the Canadian producer and the cooperative exporter. The main focus of these submissions involved rising costs of production in China and possible new subsidies for producers in China. The information submitted in these case arguments and reply submissions 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. 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.

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 SIMA measures and be provided with sufficient information necessary to clear the shipments. In order to determine their anti-dumping and countervailing duty liability, 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. 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: