Notice of initiation of a re-investigation: Carbon Steel Fasteners (FAS 2023 RI)
The Canada Border Services Agency (CBSA) has today initiated a re investigation to update the normal values and export prices of certain carbon steel fasteners originating in or exported from the People’s Republic of China (China) and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), and the amounts of subsidy of certain carbon steel fasteners originating in or exported from China (subject goods).
The re-investigation is part of the ongoing enforcement of the Canadian International Trade Tribunal’s (CITT) findings of material injury issued on January 7, 2005. The findings were subsequently reviewed and continued, with amendments, by order dated on September 2, 2020.
The product definition and the applicable tariff classification numbers of the goods subject to the CITT’s injury order can be found on the CBSA’s Measures in force.
Normal values and amounts of subsidy established during this re-investigation will be effective for the subject goods released from the CBSA on or after the date of the conclusion of the re-investigation. Normal values and amounts of subsidy currently in place will expire on that date. In addition, normal values and amounts of subsidy determined on the basis of the re-investigation will be applied to any entries of subject goods under appeal that have yet to be re-determined at the time of the conclusion of this re-investigation.
Exporters that wish to participate in this re-investigation are required to provide a complete and accurate response to the CBSA’s request for information (RFI) by January 8, 2024. An exporter will be considered co-operative if the requested information is submitted on time and the exporter permits verification of the data. A complete listing of dates of interest is available on the re-investigation schedule.
Where an exporter of subject goods does not provide sufficient information to determine specific normal values or does not permit verification of information submitted, anti dumping duties will be assessed at the rate of 170% of the export price of the subject goods imported into Canada, in accordance with a ministerial specification pursuant to section 29 of the Special Import Measures Act (SIMA).
Similarly, in cases where the Government of China or exporters in China fail to provide complete and accurate submissions enabling the determination of specific amounts of subsidy, the amounts of subsidy will be determined in accordance with a ministerial specification pursuant to subsection 30.4(2) of SIMA.
Exporters that are not the manufacturer of the subject goods (e.g. trading companies, vendors, etc.) will receive normal values and specific amounts of subsidy only to the extent that their suppliers/manufacturers provide sufficient information to the CBSA to permit the determination of normal values, export prices and amounts of subsidy.
Please note that, for the current re investigation, the CBSA is contacting known and potential importers and exporters. Any importers or exporters who have not received a letter from the CBSA, and who wish to provide a response to the RFI are advised to contact one of the officers identified below to obtain a copy of the RFI. It is suggested that importers contact their exporter(s) to determine if the exporter(s) intend to cooperate with the CBSA in this re investigation.
Responses to the importer RFI are due by January 2, 2024. Importers are cautioned that new normal values and amounts of subsidy, when issued, may be higher than those currently in effect and that this could result in additional assessments of anti-dumping and countervailing duties. Importers are also cautioned that unless an exporter cooperates in this re-investigation and receives specific normal values and amounts of subsidy at its conclusion, subsequent imports of subject goods from that exporter will be assessed anti-dumping and countervailing duties based on the ministerial specifications indicated above.
Please note that exporters with normal values are required to promptly inform the CBSA in writing of changes to domestic prices, costs, market conditions or terms and channel of sale associated with the production and sales of the goods. All parties are cautioned that where there are increases in domestic prices and/or costs as noted above, the export price for sales to Canada should be increased accordingly to ensure that any sale made to Canada is not only above the normal value but at or above selling prices and full costs and profit of the goods in the exporter’s domestic market. If exporters did not properly notify the CBSA of any such changes, did not adjust export prices accordingly, or did not provide the information required to make any necessary adjustments to normal values and export prices, retroactive assessments of anti-dumping duties may be warranted.
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