UDS 2022 XR2 : Upholstered domestic seating
Notice of expedited review

Ottawa, February 14, 2022

In response to a request for an expedited review from Kaiser 2 Furniture Industry (Vietnam) Co., Ltd., the Canada Border Services Agency (CBSA) has today initiated an expedited review of certain upholstered domestic seating (UDS) exported to Canada from Vietnam by Kaiser 2 Furniture Industry (Vietnam) Co., Ltd., pursuant to subsection 13.2(3) of the Special Import Measures Act (SIMA).

This expedited review is part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s (CITT) finding of injury issued on September 2, 2021, respecting the dumping and subsidizing of UDS from China and Vietnam, in accordance with SIMA.

The product definition and the applicable tariff classification numbers of the goods subject to the CITT’s finding are contained in Appendix 1 (subject goods).

Should an exporter decide to participate in this expedited review, it is required to provide a complete and accurate response to the CBSA’s Dumping request for information (RFI) and Subsidy RFI by March 23, 2022. The exporter will be considered co-operative if the requested information is complete, submitted on time and the exporter permits verification of the data.

If an exporter does not provide a complete response to the RFI by the deadline date, normal values and export prices for subject goods exported by the exporter will be determined pursuant to a ministerial specification by advancing the export price of the goods from Vietnam by a rate of 179.5%. Similarly, in cases where the Government of Vietnam or the exporter fails to provide complete and accurate submissions enabling the determination of specific amounts of subsidy, countervailing duties will be assessed at the rate of 1,914,726.79 VND per piece for Vietnam, pursuant to ministerial specification.

The schedule for this expedited review is now available. The CBSA will close the record for this expedited review once it has been determined that sufficient information has been received to make a decision. The CBSA will update the website to announce that the record has been closed. Interested parties will have seven days from the close of the record to file submissions concerning the expedited review.

Normal values, export prices and amounts of subsidy established during this review will apply to the goods in question. Further, normal values, export prices and amounts of subsidy established during this review will also apply to subject goods released from the CBSA on or after the date of the conclusion of the expedited review. The normal values, export prices and amounts of subsidy determined as a result of this review may be applied to any requests for re-determination of importations of subject goods that have not been processed prior to the conclusion of the expedited review, regardless of the date that the requests were received.

Any questions concerning the above should be directed to:

SIMA Registry and Disclosure Unit
Trade and Anti-dumping Programs Directorate
Canada Border Services Agency
11-100 Metcalfe St
Ottawa ON  K1A 0L8

Officers’ names and contact information:

• Telephone:
• Gladys Chau: 343-553-1638

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

Appendix 1

Definition of goods subject to the expedited review

The subject goods are defined as:

Excluding:

1. Stationary (i.e. non-motion) seating upholstered only with fabric (rather than leather), even if the fabric is a leather-substitute (such as leather-like or leather-look polyurethane or vinyl)
2. dining table chairs or benches (with or without arms) that are manufactured for dining room end-use, which are commonly paired with dining table sets
3. upholstered stools with a seating height greater than 24 inches (commonly referred to as “bar stools” or “counter stools”), with or without backs, and/or foldable
4. seating manufactured for outdoor use (e.g. patio or swing chairs)
5. bean bag seating and
6. foldable or stackable seating

For greater certainty, the product definition includes:

1. Upholstered motion seating with reclining, swivel, rocking, zero-gravity, gliding, adjustable headrest, massage functions or similar functions
2. seating with frames constructed from metal, wood or both
3. seating produced as sectional items or parts of sectional items
4. seating with or without arms, whether part of sectional items or not and
5. foot rests and foot stools (with or without storage)

On September 2, 2021, the Canadian International Trade Tribunal excluded the following products from its finding:

1. Specialized reclining massage chairs, not intended to be used for general seating purposes, with padded seat, headrest, back, and footrest, and containing built-in motorized mechanical components that operate by way of computerized controls to provide a full body massage for a single person, including to the head and/or neck, shoulders, back, buttocks, arms, and legs and/or feet
2. Medical lift chairs containing electric motion mechanisms and motorized positioning controls, designed to carefully lift, lower and tilt (by raising or lowering the base and back of the seating) the occupant, and otherwise adjust the occupant’s seating position by adjusting one or more of the headrest, footrest, and seat; designed, manufactured, and tested to meet or exceed the requirements of Health Canada’s Medical Devices Regulations (SOR/98-282) applicable thereto and conforming with the following, or equivalent, standards and testing methodologies: EN12182, ANSI/AAMI/ISO10993, ANSI/AAMI/ES60601-1, CAL117, BSEN1021, ISO8191, ANSI/AAMI/ES60601-1-2, ISO14971
3. Height-adjustable ergonomic gaming chairs for use with a desk and intended to be used primarily while playing video games, upholstered in leather or a leather-substitute, with armrests, headrests, lumbar support pillows, five-star swivel bases, and wheels or castors

Classification of imports

The subject goods would be normally imported under the following tariff classification numbers (tariff numbers):

1. 9401.41.00.00
2. 9401.49.00.00
3. 9401.61.10.10
4. 9401.61.10.90
5. 9401.71.10.10
6. 9401.71.10.90

This listing of tariff numbers is for convenience of reference only. The classification numbers include non-subject goods. Also, subject goods may fall under tariff classification numbers that are not listed. Refer to the product definition for authoritative details regarding the subject goods.