ARCHIVED - Notice of Conclusion of Re-investigation

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Certain Carbon Steel Welded Pipe - 2013

Dumping file #: 4214-36
Dumping case #: AD/1396

Ottawa, May 7, 2013

The Canada Border Services Agency (CBSA) has today concluded a re‑investigation to update the normal values and export prices of certain carbon steel welded pipe originating in or exported from Chinese Taipei, the Republic of India, the Sultanate of Oman, the Republic of Korea, Thailand, and the United Arab Emirates, pursuant to the Special Import Measures Act (SIMA).

The re-investigation was initiated on January 7, 2013 as part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s threat of injury finding issued on December 11, 2012.

A complete product definition of the subject goods and their ten-digit Harmonized System classification numbers can be found in Appendix 1 to this notice.

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 export 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 54.2 % under the ministerial specification in accordance with subsection 29(1) of SIMA.

Specific normal values for future shipments have been determined for the exporters listed below:

Chinese Taipei

Shin Yang Steel Co., Ltd.

Chung Hung Steel Corporation

Republic of India

Manu International

Thailand

Pacific Pipe Public Co., Ltd.

Saha Thai Steel Pipe Company

United Arab Emirates

Conares Metal Supply Ltd.

Abu Dhabi Metal Pipes & Profiles Industries Complex (ADPICO)

Normal values will be effective for the subject goods released from the CBSA on or after May 7, 2013.  All normal values previously in place expire on that date.  In addition, the normal values determined on the basis of this 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. 

For all exporters other than those listed above and for any subject goods 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 54.2%, in accordance with the ministerial specification.

The CBSA did not initiate a re-investigation of the amounts of subsidy in respect of subject goods originating in or exported from India.  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 Republic of India	Amount of Subsidy (Rupees per MT)
Manu International	3,577
Other exporters	23,872

Following the April 9, 2013 close of the record, case arguments were received from counsel representing Novamerican Steel Inc., Nova Tube Inc. and Bolton Steel Tube Co. Ltd. (the Complainants) and the exporter, Conares Metal Supply Ltd. (Conares).  A case argument was also received from the Government of the United Arab Emirates (GUAE).  A reply submission was received from counsel representing Conares.

Counsel for the Complainants argued that normal values should be adjusted for various exporters who participated in this re-investigation because of the differences between the raw material costs submitted in the exporters’ responses and the US Midwest spot price published by the CRU.  It is also argued that specific normal values should not be issued to exporters that provided insufficient information in their submissions.

Both the GUAE and counsel for Conares argue that there have been no changes in circumstances to justify a re-investigation since the conclusion of the original investigation on November 9, 2012.  Counsel for Conares also argues that a downward adjustment for normal values is justified because Conares’ raw material costs decreased between the period of investigation (POI) in the original investigation and the POI of this re-investigation.

In the reply submission filed on behalf of Conares, counsel argued that there is no basis in fact or law to arbitrarily adjust upward the normal values.

All information submitted in the case arguments and in the reply submission 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, in case of subject goods originating in or exported from India, 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 duties.

Importers are reminded that 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.

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:

Simon Duval:    613-948-6464    Simon.Duval@cbsa-asfc.gc.ca