GB 2018 RI
Certain Gypsum Board
Notice of Re-investigation

Ottawa, February 12, 2018

The Canada Border Services Agency (CBSA) has today initiated a re-investigation to update the normal values and export prices respecting certain gypsum board originating in or exported from the United States of America, imported into Canada for use or consumption in the provinces of British Columbia, Alberta, Saskatchewan, and Manitoba, as well as the Yukon and Northwest Territories (Western Canada), in accordance with the Special Import Measures Act (SIMA).

The product definition and the applicable tariff classification number 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 injury finding issued on January 4, 2017 by the CITT.

It is anticipated that this re-investigation will be concluded by June 29, 2018.

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

Normal values 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. Any new or updated normal value calculated in this manner does not have an effect on the reference values determined pursuant to the Gypsum Board Products Anti-dumping Duty Remission Order, 2017, issued by the Governor General in Council, on recommendation of the Minister of Finance on February 24, 2017. In addition, the normal values determined on the basis of the re-investigation may 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 21, 2018. 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 324.1% of the export price of the subject goods imported into Western Canada, in accordance with a ministerial specification pursuant to section 29 of SIMA.

Exporters that are not the manufacturer of the subject goods (e.g. trading companies, vendors, etc.) will receive normal values only to the extent that their suppliers/manufacturers provide sufficient information to permit the determination of normal values and export prices.

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 RFIs, 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 March 5, 2018. Importers are cautioned that new normal values, when issued, may be higher than those currently in effect and that this could result in additional assessments of anti dumping duty. Importers are also cautioned that unless an exporter co-operates in this re-investigation and receives specific normal values at its conclusion, subsequent imports of subject goods from that exporter will be assessed anti dumping duties based on the ministerial specifications indicated above.

The closing of the record for parties will be at noon on June 1, 2018. Case arguments and reply submissions from parties shall be filed by noon, on June 11, 2018 and June 18, 2018, 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, 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 duty may be warranted.

Appendix 1

Product Definition

The subject goods are defined as:

“Gypsum board, sheet, or panel (“gypsum board”) originating in or exported from the United States of America, imported into Canada for use or consumption in the provinces of British Columbia, Alberta, Saskatchewan, and Manitoba, as well as the Yukon and Northwest Territories, composed primarily of a gypsum core and faced or reinforced with paper or paperboard, including gypsum board meeting or supplied to meet ASTM C 1396 or ASTM C 1396M or equivalent standards, regardless of end use, edge-finish, thickness, width, or length, excluding (a) gypsum board made to a width of 54 inches (1,371.6 mm); (b) gypsum board measuring 1 inch (25.4 mm) in thickness and 24 inches (609.6 mm) in width regardless of length (commonly referred to and used as "paper-faced shaft liner"); (c) gypsum board meeting ASTM C 1177 or ASTM C 1177M (commonly referred to and used primarily as “glass fiber re-enforced sheathing board” but also sometimes used for internal applications for high mold/moisture resistant applications); (d) double layered glued paper-faced gypsum board (commonly referred to and used as "acoustic board"); and (e) gypsum board meeting ISO16000-23 for sorption of formaldehyde. All dimensions are plus or minus allowable tolerances in applicable standards.”

Tariff Classification Number

Subject goods are defined as:

In the Customs Tariff 2017, the subject goods were usually classified under the following tariff classification number:

1. 6809.11.00.00

According to the Customs Tariff 2018, the subject goods are usually classified under the following tariff classification numbers:

1. 6809.11.00.19
2. 6809.11.00.90

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

Date modified:

2018-02-12