FAS 2022 UP2: Carbon steel fasteners
Conclusion of normal value review

Ottawa,

The Canada Border Services Agency (CBSA) has today concluded a normal value review (review) to determine normal values and export prices of certain carbon steel fasteners (fasteners) originating in the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei) and exported to Canada by Pro Power Co., Ltd. (Pro Power).

The review follows requests for re-determination filed by an importer and is part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s (CITT) order issued on September 2, 2020, respecting the dumping of fasteners originating in or exported from China and Chinese Taipei, and the subsidizing of such goods, originating in or exported from China, excluding fasteners specifically designed for application in the automotive or aerospace industry, 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 order are contained in Appendix 1 (subject goods).

Period of investigation

For this review, the Period of Investigation (POI) and the Profitability Analysis Period (PAP) were from July 1, 2021 to December 31, 2021.

Normal value review process

At the initiation of this review, on March 1, 2022, the CBSA sent a request for information (RFI) to Pro Power in order to solicit information on the costs and selling prices of subject goods and like goods. The information was requested for purposes of determining normal values and export prices applicable to subject goods exported to Canada. While the RFI response was requested by the due date of April 7, 2022, Pro Power was granted an extension to April 28, 2022.

On April 26, 2022, Pro Power provided a response to the Exporter RFIFootnote 1, which was considered substantially incomplete. The CBSA sent a deficiency letterFootnote 2 to the exporter on May 25, 2022, and provided Pro Power until June 8, 2022 to submitted a complete response. On June 8, 2022, Pro Power submitted more information in response to the RFIFootnote 3, although the response remained incomplete. On July 29, 2022, the record for this normal value review was closed.

On August 5, 2022, a Case Brief was filed on behalf of the importer.Footnote 4 Counsel for the importer submitted that Pro Power provided sufficient information to allow for the determination of the normal values and export prices.

There was no reply submission. The representations were given due consideration by the CBSA prior to the conclusion of this review.

Normal values

Further to this review, the information to determine the normal value for any of the goods under review was not provided or is insufficient. As a result, the normal value for Pro Power will be determined pursuant to a ministerial specification under section 29 of the SIMA by advancing the export price of the goods by 170 percent.

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 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 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:

Email: SIMA_Disclosure_and_Registry_Unit@cbsa-asfc.gc.ca

Appendix 1—Product definition

Subject goods definition

“Certain carbon steel fasteners originating in or exported from the People’s Republic of China and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), excluding fasteners specifically designed for application in the automotive or aerospace industry.”

The following table is a list of subject products included in the Canadian International Trade Tribunal's (CITT) findings/orders for certain carbon steel fasteners.

  Imperial Metric
  Diameter Length Diameter Length
Wood screws #4 to #24
(0.112" to 0.386")
3/8 to 8 in. M3 to M10 10 mm to 200 mm
Square and hex lag screws #14 to #24
(1/4" to 0.386")
3/4 to 4 in. M6 to M10 20 mm to 100 mm
Sheet metal/tapping screws #4 to #24
(0.112" to 0.386")
3/8 to 8 in. M3 to M10 10 mm to 200 mm
Thread forming screws #4 to #24
(0.112" to 0.386")
3/8 to 3 in. M3 to M10 10 mm to 75 mm
Thread cutting screws #4 to #24
(0.112" to 0.386")
3/8 to 3 in. M3 to M10 10 mm to 75 mm
Thread rolling screws #4 to #24
(0.112" to 0.386")
3/8 to 3 in. M3 to M10 10 mm to 75 mm
Self‑drilling tapping screws #4 to #24
(0.112" to 0.386")
3/8 to 3 in. M3 to M10 10 mm to 75 mm
Machine screws #4 to 3/8 in
(0.112" to 3/8")
3/8 to 8 in. M3 to M10 10 mm to 200 mm
Flange screws 1/4 to 5/8 in 3/8 to 4 in. M6 to M16 10 mm to 100 mm

The following products are excluded by the CITT in Inquiry No. NQ‑2004‑005, in Expiry Reviews No. RR‑2009‑001 and RR‑2014‑001, and in Interim Reviews No. RD‑2016‑001 and RD‑2016‑003 and, therefore, are not subject to anti‑dumping duty or countervailing duty.

The following products are excluded by the CITT's in Expiry Review No. RR‑2019‑002 and, therefore, are not subject to anti‑dumping duty or countervailing duty.

Additional product information

Tariff classification numbers

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

  1. 7318.11.00.00
  2. 7318.12.00.00
  3. 7318.14.00.00
  4. 7318.15.00.10
  5. 7318.15.00.42
  6. 7318.15.00.45
  7. 7318.15.00.49

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

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