Conclusion of a normal value review: Certain carbon steel fasteners (FAS 2023 UP2)
Ottawa,
The Canada Border Services Agency (CBSA) has today concluded a normal value review (review) to establish normal values and export prices of certain carbon steel fasteners (fasteners) originating in or exported from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei) by Industry Building Hardware Co., Ltd. (IBH).
The review follows a request for re-determination (appeal) 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 in Expiry Review No. RR-2019-002, 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 (subject goods) can be found on the CBSA's Measures in force.
For this review, the Period of Investigation and the Profitability Analysis Period were from April 1, 2022 to March 31, 2023. On June 13, 2023, the CBSA sent a dumping request for information (RFI) to IBH 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. On August 22, 2023, IBH provided a response to the dumping RFI,Footnote 1 which was considered incomplete. The CBSA sent a deficiency letter to IBHFootnote 2 on August 24, 2023 and provided IBH until August 31, 2023 to submit a complete response. On September 1, 2023, IBH submitted more information in response to the RFI,Footnote 3 although the response remained incomplete. On September 11, 2023, the record for this review was closed. The CBSA did not receive any case briefs or reply submissions from interested parties with respect to this review. All the information submitted on the record was considered for the conclusion of this review. Further to this review, the information to establish normal values for any of the goods under appeal was not provided or is insufficient. As a result, the normal values for IBH will be determined pursuant to a ministerial specification under section 29 of SIMA by advancing the export price of the goods by 170 percent. 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.Period of investigation
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