Conclusion of normal value review: Corrosion-resistant steel sheet 2 (COR2 2023 UP1)
Ottawa,
The Canada Border Services Agency (CBSA) has today concluded a normal value review (review) to establish the normal values and export prices applicable to certain corrosion-resistant steel sheet (COR) originating in or exported from Vietnam by Delaware Steel Company, Div. of Consolidated Fabricators Corp. (Delaware).
The review follows a request for re-determination filed by an importer and is part of the CBSA's enforcement of the Canadian International Trade Tribunal's (CITT) finding issued on in Inquiry No. NQ-2019-002, respecting the dumping of COR originating in or exported from Türkiye and Vietnam and the subsidizing of such goods, originating in or exported from Türkiye, in accordance with the Special Import Measures Act (SIMA).
The product definition and the applicable tariff classification numbers of the goods subject to the CITT's finding (subject goods) can be found on the CBSA's Measures in Force.
Period of investigation
For this review, the Period of Investigation and the Profitability Analysis Period were from to .
Normal value review process
At the initiation of this review, on , the CBSA sent the notices of initiationFootnote 1 and the requests for informationFootnote 2 (RFIs) to Delaware and the importer in order to solicit information on the costs and selling prices of the subject goods and the goods of the same description. The responses to the Importer and Exporter RFI were due on and , respectively. The information was requested for purposes of determining normal values and export prices applicable to subject goods exported to Canada.
On , the CBSA requested that Delaware confirm their participation in the review, as specified in the exporter RFI. The CBSA also reminded Delaware of the due date for their response to the Exporter RFI, as well as the additional requirements specified in the Exporter RFI and the notice of initiation. Further, Delaware was reminded that the normal values for the subject goods would be determined pursuant to a ministerial specification if the CBSA did not receive a complete response to the Exporter RFI by the due date.
On the same date, upon request, the CBSA provided further information to Delaware, concerning the review and the Exporter RFI.
On , the CBSA reiterated the information that had been discussed the day prior and reminded the exporter of the requirements and the due date for a complete response to the Exporter RFI.
On , the due date for a response to the Exporter RFI, the CBSA did not receive a submission from Delaware.
The importer provided a response to the importer RFI which failed to meet the disclosure requirements of sections 85-87 of the SIMA. Notices of disclosure-related deficienciesFootnote 3 were sent to the importer but as the requirements were still not met, this submission could not be added to the record and taken into consideration for the purposes of this proceeding.
On , the record for this review was closed.
As part of the review, a case briefFootnote 4 was submitted by counsel on behalf of Canadian producers, ArcelorMittal Dofasco G.P. and Stelco Inc.
Representations and case briefs
In their case brief, counsel on behalf of the Canadian producers submitted that the CBSA had not received complete responses to the RFIs and as such the normal values should be determined by way of the ministerial specification.
The CBSA did not receive any reply submissions.
Normal values
As the CBSA did not receive a response to the Exporter RFI, the normal values for the subject goods exported by Delaware will be determined pursuant to a ministerial specification under section 29 of SIMA by advancing the export price of the goods by 71.1%.
Importer responsibility
Importers are reminded that it is their responsibility to calculate and declare their anti-dumping 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. To determine their anti-dumping liability, importers should contact the exporter(s) to obtain the applicable normal values. For further information on this matter, refer to Memorandum D14-1-2, Disclosure of Normal Values, Export Price, 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 duties. As such, failure to pay the duties within the prescribed time will result in the application of the interest provisions of the Act.
Contact us
- Telephone:
- Wu Ping Wei: 343-553-1642
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