Conclusion of normal value review: Upholstered Domestic Seating (UDS 2024 UP4)
Ottawa,
The Canada Border Services Agency (CBSA) has today concluded a normal value review (review) to establish the normal values, export prices and amounts of subsidy applicable to upholstered domestic seating (UDS) originating in or exported from China by Anji Eurostile Furniture Co., Ltd. (Anji Eurostile).
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 September 2, 2021 in Inquiry No. NQ-2021-002, respecting the dumping and subsidizing of UDS originating in or exported from China and Vietnam, 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 (POI) and the profitability analysis period (PAP) were from September 1, 2021 to February 29, 2024.
Normal value review process
At the initiation of this review, on April 5, 2024, the CBSA sent Dumping and Subsidy Requests for Information (RFIs) to Anji Eurostile, the Government of China (GOC) and the importer, in order to solicit information on the costs, selling prices of subject goods and like goods, and subsidy programs. The information was requested for purposes of determining normal values, export prices and amounts of subsidy applicable to subject goods exported to Canada.
The CBSA received late responses to the Dumping and Subsidy RFIs from Anji Eurostile and Zhejiang Seating Technology Co., Ltd. (ZST). The CBSA determined the responses to be incomplete and deficient and sent a deficiency letter and supplemental request for information (SRFI#1).
Anji Eurostile and ZST submitted late responses to SRFI#1. The CBSA determined the responses to be incomplete and deficient and sent a second letter detailing the deficiencies in SRFI#2. The CBSA did not provide a due date to address these outstanding issues. However, the CBSA allowed one final opportunity for both parties to address the issues in their submissions.
Anji Eurostile and ZST submitted responses to SRFI#2. The CBSA determined the responses to be incomplete and remained deficient. As a result, the CBSA decided to close the record on September 23, 2024.
The importer did not provide a response to the CBSA’s importer RFI.
The GOC did not provide a response to the government subsidy RFI.
The CBSA received case briefsFootnote 1 from counsel on behalf of Anji Eurostile and ZST.
The CBSA did not receive any reply submissions from interested parties with respect to this review.
Representations
Counsel on behalf of Anji Eurostile and ZST argued that they provided complete and accurate information that should be relied on in the calculation of normal values, export prices and amounts of subsidy. The parties also argued that best efforts were provided in complying with the instructions requested by the CBSA.
CBSA response
Due consideration has been given to the issues raised in the representations filed by counsel on behalf of Anji Eurostile and ZST. The CBSA provided several opportunities for the parties to resolve the deficiencies identified. However, the CBSA has reviewed and considered all the information on the record and considers the responses to be incomplete and deficient for purposes of this review. As such, normal values and amounts of subsidy will be determined in accordance with the ministerial specification.
Normal values and amount of subsidy for future shipments
Based on the information contained in the administrative record of this review, the CBSA determined that the information provided during the review was insufficient or incomplete for the purposes of determining normal values and amounts of subsidy. As such, normal values will be determined in accordance with the ministerial specification based on the export price of the goods advanced by 188.0%. The subsidy amount will be equal to 1,390.65 CNY per piece, in accordance with the ministerial specification. For additional information concerning the ministerial specification please see the CBSA’s Measures in Force.
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 amount of subsidy. For further information on this matter, please 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 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.
Contact us
- Telephone:
- Nalong Manivong: 343-549-0429
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