The Canada Border Services Agency (CBSA) has today initiated a re-investigation of the normal values and export prices respecting certain corrosion-resistant steel sheet (COR) from Turkey and Vietnam and amounts of subsidy of COR from Turkey.
The re-investigation is part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s (CITT) injury finding issued on November 16, 2020. The product definition and the applicable tariff classification numbers of the goods subject to the CITT’s finding 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, the 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 dumping request for information (RFI) and subsidy RFI (Turkey) by February 22, 2023. 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 which has been asked to respond to a RFI does not provide sufficient information to determine specific normal values and export prices, or does not permit verification of information submitted, anti-dumping duties in accordance with a ministerial specification pursuant to section 29 of the Special Imports Measures Act (SIMA), will be assessed at the following rates, expressed as a percentage of the export price of the subject goods imported into Canada:
- Turkey: 26.1%
- Vietnam: 71.1%
Similarly, in cases where the Government of Turkey or exporters in Turkey fail to provide complete and accurate submissions enabling the determination of specific amounts of subsidy, countervailing duties will be assessed at the rate of 200.46 TRY per metric tonne 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 their own normal values only to the extent that their suppliers/manufacturers provide sufficient information to permit the determination of normal values and export prices.
Please note that, for the current re-investigation, the CBSA is contacting all known and potential exporters. Any importers or exporters who have not received a letter from the CBSA with the accompanying RFIs, and who wish to provide a response to the RFIs are advised to contact one of the officers identified below. It is suggested that importers contact their exporter(s) to determine if the exporter(s) has received the exporter RFIs and whether they intend to cooperate with the CBSA in this re-investigation.
Where applicable, the normal values, export prices and amounts of subsidy determined as a result of this re-investigation may be applied retroactively. Exporters with normal values and amounts of subsidy are required to promptly inform the CBSA in writing of changes to domestic prices, costs, market conditions, terms of sale or amounts of subsidy received that are 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, export prices or amounts of subsidy, retroactive assessments of anti-dumping duty or countervailing duty may be warranted. Please refer to the CBSA’s re-investigation and normal value review policy (Memorandum D14-1-8) for details.
Source: Canadian Society of Customs Brokers (CSCB)
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