CPF 2019 RI
Certain Copper Pipe Fittings
Notice of Re-investigation

Ottawa, January 31, 2019

The Canada Border Services Agency (CBSA) has today initiated a re-investigation to update the normal values and export prices, in accordance with the Special Import Measures Act (SIMA), respecting certain copper pipe fittings from the United States, South Korea and China and the amounts of subsidy of certain copper pipe fittings from China.

The product definition and the applicable tariff classification numbers of the goods subject to the Canadian International Trade Tribunal’s (CITT) findings are contained in Appendix 1 (subject goods).

The re-investigation is part of the ongoing enforcement of the CITT’s findings of material injury issued on February 19, 2007, and continued, without amendment, by order dated February 17, 2012 and continued, with amendment, by order dated November 28, 2016.

It is anticipated that this re-investigation will be concluded by May 31, 2019.

A re-investigation schedule is available at: www.cbsa-asfc.gc.ca/sima-lmsi/ri-re/menu-eng.html.

Normal values and amounts of subsidy established during this re-investigation will be effective for the subject goods released from the CBSA on or after the date of the conclusion of the re-investigation. Normal values and amounts of subsidy currently in place will expire on that date. In addition, the normal values and amounts of subsidy 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.

Exporters that wish to participate in this re-investigation are required to provide a complete and accurate response to the CBSA’s Request for Information (RFI) by March 11, 2019. An exporter will be considered co-operative if the requested information is submitted on time and the exporter permits verification of the data.

Where an exporter of subject goods does not provide sufficient information to determine specific normal values or does not permit verification of information submitted, anti-dumping duties will be assessed at the rate of 242% of the export price of the subject goods imported into Canada, in accordance with a ministerial specification pursuant to section 29 of SIMA.

Similarly, in cases where the Government of China or exporters in China fail to provide complete and accurate submissions enabling the determination of specific amounts of subsidy, countervailing duties will be assessed at the rate of 17.73 Chinese Renminbi per kilogram in accordance with a ministerial specification pursuant to subsection 30.4(2) of SIMA.

Exporters that are not the manufacturer of the subject goods will receive normal values and specific amounts of subsidy only to the extent that their suppliers/manufacturers provide sufficient information to permit the determination of normal values, export prices and amounts of subsidy.

Please note that, for the current re-investigation, the CBSA is contacting all known and potential exporters. However, any importers or exporters who have not received a letter from the CBSA with the accompanying RFI, and who wish to provide a response to the RFI are advised to contact one of the officers identified below. Similarly, it is suggested that importers contact their exporter(s) to determine if the exporter(s) has received the exporter RFI and whether they intend to cooperate with the CBSA in this re-investigation.

Responses to the Importer RFI are due by February 21, 2019. Importers are cautioned that new normal values and amounts of subsidy, when issued, may be higher than those currently in effect and that this could result in additional assessments of anti-dumping and countervailing duties. Importers are also cautioned that unless an exporter co-operates in this re-investigation and receives specific normal values and amounts of subsidy at its conclusion, subsequent imports of subject goods from that exporter will be assessed anti-dumping and countervailing duties based on the ministerial specifications indicated above.

The closing of the record for parties will be at noon on May 1, 2019. Case arguments and reply submissions from parties shall be filed by noon, on May 8, 2019, and May 15, 2019, respectively.

In addition, in cases where changes occur in domestic prices, market conditions or costs associated with the production and sales of the subject goods, or in the case of goods from China, amounts of subsidy received by the manufacturer, the concerned parties are responsible for informing the CBSA of such changes in writing and in a timely manner. If the concerned parties do not or did not properly notify the CBSA of substantial changes, or if they do not provide the information required to make any necessary adjustments to values, retroactive assessments of anti-dumping or countervailing duty may be warranted.

Appendix 1

Product Definition

The subject goods are defined as:

The following information is to be taken into consideration in identifying copper pipe fittings (subject goods) subject to anti-dumping and countervailing duties as a result of the findings issued by the Canadian International Trade Tribunal (CITT) on February 19, 2007, and continued, without amendment, by order dated February 17, 2012 and continued, with amendment, by order dated November 28, 2016:

1. The subject goods are identified in terms of imperial measurement, i.e. inches. The subject goods also encompass 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. Subject goods are identified either as a wrought product or as a 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 are based on actual outer diameter sizes. The subject goods can also be described in terms of their outside 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. The subject goods are identified using abbreviated terms. The following is a list of the terms:

In place of listing the entire range of copper pipe fittings, in excess of 1,100 models, please refer to http://www.citt-tcce.gc.ca/en/node/7905.

Tariff Classification Number

The subject goods are usually classified under the following tariff classification numbers:

1. 7412.10.00.11
2. 7412.10.00.19
3. 7412.10.00.90
4. 7412.20.00.11
5. 7412.20.00.12
6. 7412.20.00.19
7. 7412.20.00.90

The tariff classification numbers are for convenience of reference only. Refer to the product definition for authoritative details regarding the subject goods.

Date modified:

2019-01-31