AE 2021 UP1: Aluminum extrusions
Conclusion of normal value review

Periods of investigation

For this review, the Dumping Period of Investigation (POI) and Profitability Analysis Period were from April 1, 2019 to September 30, 2019 and the Subsidy POI, was from January 1, 2019 to December 31, 2019.

Normal value review process

At the initiation of this review, on May 27, 2021, the CBSA sent Requests for Information (RFIs) to the exporter and importer in order to solicit information on the costs and selling prices of the subject goods and like goods, and on subsidy programs. The information was requested for purposes of determining the normal values and amount of subsidy applicable to the subject goods exported to Canada by Fujian Fenan.

In response to the information submitted by Fujian Fenan to the Dumping RFI and Subsidy RFI, pursuant to sections 85-87 of SIMA, the CBSA sent on July 6, 2021 its first notice^{Footnote 1} of disclosure-related deficiencies and its final notice^{Footnote 2} on July 22, 2021. As Fujian Fenan provided no response to any of the notices in order to address the corrections that are required for its submission to be added to the administrative record and taken into consideration in this review, the CBSA sent a rejection notice^{Footnote 3} on July 28, 2021.

As a result, the submission provided by Fujian Fenan was not put on the administrative record and was therefore not considered by the CBSA for purposes of this review.

As part of the review, counsel on behalf of eight Canadian producers of aluminum extrusions (the Canadian producers) submitted comments^{Footnote 4} prior to the close of the record and filed a case brief.^{Footnote 5} The issues raised in the comments and case brief are summarized as follow: given Fujian Fenan’s non-compliance with the CBSA’s procedural requirements and schedule, the CBSA should promptly close its administrative record and apply SIMA duties against Fujian Fenan’s exports based on the ministerial specification as it failed to file complete and verifiable responses to the RFIs. The CBSA did not receive any reply submissions.

The representations provided by the Canadian producers were given due consideration by the CBSA prior to the conclusion of this review. All of the information submitted on the administrative record was taken into consideration for the conclusion of this review.

Determination of the Normal Values and Amount of Subsidy

As no information provided by Fujian Fenan in response to the Dumping RFI and Subsidy RFI was put on the administrative record, the CBSA is unable to establish the normal values, export prices and amount of subsidy in accordance with the normal provisions of SIMA. Accordingly, the normal values and amount of subsidy for the subject goods to this review, and released by the CBSA on or after September 28, 2021, will be determined in accordance with the ministerial specification in place, the anti-dumping duty is equal to 101% of the export price and the countervailing duty is equal to 15.84 Renminbi per kilogram.

In addition, this methodology for determining the normal values and amount of subsidy may be applied to any requests for re-determination of importations of subject goods that have not been processed prior to the conclusion of this review, regardless of the date that the requests were received.

Exporter responsibility

Please note that exporters with normal values are required to promptly inform the CBSA in writing of changes to domestic prices, costs, market conditions or terms of sale associated with the production and sales of the goods. If there are changes to the exporter’s domestic prices, costs, market conditions or terms of sale associated with the production and sales of the goods, and where the CBSA considers such changes to be significant, the normal values and export prices will be updated to reflect current conditions. All parties are cautioned that where there are increases in domestic prices, and/or costs as noted above, the export price should be increased accordingly to ensure that any sale made to Canada is not only above the normal value but at or above selling prices and full costs and profit of the goods in the exporter’s domestic market. If exporters do not properly notify the CBSA of any such changes, do not adjust export prices accordingly, or do not provide the information required to make any necessary adjustments to normal values and export prices, retroactive assessments will be applied where such action is warranted.

Importer responsibility

Importers are reminded that it is their responsibility to calculate and declare their anti-dumping duty and countervailing duty liabilities. 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. To determine their anti-dumping and countervailing liabilities, importers should contact the exporter(s) to obtain the applicable normal values and amounts of subsidy. For further information on this matter, refer to Memorandum D14-1-2, Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established under the Special Import Measures Act.

The Customs Act (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 the 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. For more information on how to file a request for re-determination, please refer to the Guide for Appealing a Duty Assessment.

Information

Any questions concerning the above should be directed to:

• Telephone:
• Joël Joyal: 343-553-1586

Email: simaregistry-depotlmsi@cbsa-asfc.gc.ca

Appendix 1—Product definition

Definition of subject goods

Products excluded from the Canadian International Trade Tribunal’s (CITT) Findings/Orders

• aluminum extrusions produced from either a 6063 or a 6005 alloy type with a T6 temper designation, in various lengths, with a powder coat finish on both the interior and the exterior surfaces of the extrusion, which finish is certified to meet the American Architectural Manufacturers Association AAMA 2603 standard, "Voluntary Specification, Performance Requirements and Test Procedures for Pigmented Organic Coatings on Aluminum Extrusions and Panels", for use in exterior railing systems
• aluminum extrusions produced from a 6063 alloy type with a T5 temper designation, having a length of 3.66 m, with a powder coat finish, which finish is certified to meet the American Architectural Manufacturers Association AAMA 2603 standard, "Voluntary Specification, Performance Requirements and Test Procedures for Pigmented Organic Coatings on Aluminum Extrusions and Panels", for use as head rails and bottom rails in fabric window shades and blinds where the fabric has a cross-sectional honeycomb or "cellular" construction
• aluminum extrusions produced from a 6063 alloy type with a T5 temper designation and forming part of the Vario System™ 20, 30, 40, 45 and 60 series line of profiles, or equivalent, having a length of either 4.5 or 5.8 m and a straightness tolerance of +/-1.5 mm or less per 6.0 m of length, for use in those parts of mechanical systems and automated machinery, such as gantry systems and conveyors, where precise linear movement is required
• aluminum extrusions produced from either a 6063 or a 6463 alloy type, having a length of 3 m, with a hand-applied gold and silver leaf finish, for use as picture frame mouldings
• aluminum extrusions produced from a 6063 alloy type with either a T5 or a T6 temper designation, having a length of between 20 and 33 ft. (between 6.10 and 10.06 m), with a powder coat finish, which finish is certified to meet the American Architectural Manufacturers Association AAMA 2603 standard ("Voluntary Specification, Performance Requirements and Test Procedures for Pigmented Organic Coatings on Aluminum Extrusions and Panels"), for use in window frames
• heat sinks imported under tariff item No. 8473.30.90 and weighing 700 g or less and
• aluminum extrusions produced by China Square Industrial Ltd. from either a 6063 or a 6463 alloy type with a T5 temper designation, with a profile or cross-section which fits within a circle having a diameter of 100 mm, for use by MAAX Bath Inc. in the assembly of its shower enclosures, specifically identified in the Appendix of the Determination and reasons issued by the CITT on February 10, 2011, in Inquiry No. NQ-2008-003R. The list of these excluded products can be found in the Appendix of CITT Anti-dumping Injury Inquiries

For the excluded products listed above that require a finish which is "certified to meet the American Architectural Manufacturers Association AAMA 2603 standard", the importer must be able to provide evidence that their goods meet that standard.

Tariff classification numbers

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

1. 7604.10.00.30
2. 7604.10.00.40
3. 7604.21.00.10
4. 7604.21.00.90
5. 7604.29.00.11
6. 7604.29.00.19
7. 7604.29.00.21
8. 7604.29.00.29
9. 7604.29.00.30
10. 7608.10.00.10
11. 7608.10.00.90
12. 7608.20.00.00
13. 7610.10.00.10
14. 7610.10.00.20
15. 7610.10.00.30
16. 7610.90.10.10
17. 7610.90.10.20
18. 7610.90.10.30
19. 7610.90.10.90
20. 7610.90.90.10
21. 7610.90.90.20
22. 7610.90.90.30
23. 7610.90.90.90

This listing of the tariff classification numbers is for convenience of reference only. Refer to the product definition for authoritative details regarding the subject goods.