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CBSA notice of re investigation
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Friday, 28 Sep 2012
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The Canada Border Services Agency has initiated a re investigation in accordance with the Special Import Measures Act of the normal values and export prices of certain copper pipe fittings originating in or exported from the United States of America, the Republic of Korea and the People’s Republic of China and the amounts of subsidy of the same products originating in or exported from China.

The subject goods are described as solder joint pressure pipe fittings and solder joint drainage, waste and vent pipe fittings, made of cast copper alloy, wrought copper alloy or wrought copper for use in heating, plumbing, air conditioning and refrigeration applications, originating in or exported from the United States of America, the Republic of Korea and the People’s Republic of China.

The subject goods are generally classified under the Harmonized System Heading 74.12, under the following HS Codes:
1. 7412.10.00.11
2. 7412.10.00.19
3. 7412.10.00.90
4. 7412.20.00.11
5. 7412.20.00.12
6. 7412.20.00.19
7. 7412.20.00.90

The re investigation is part of the CBSA's ongoing enforcement of the Canadian International Trade Tribunal's findings of material injury issued on February 19th 2007. The findings were subsequently reviewed and continued on February 17th 2012.

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 submission by November 2nd 2012. An exporter will be considered co operative if the requested information is submitted on time and the exporter permits verification of the data.

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 242% of the export price of the subject goods imported into Canada in accordance with a ministerial specification pursuant to section 29 of 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 countervailing duties will be assessed at the rate of 17.73 Chinese Renminbi per kilogram in accordance with a ministerial specification pursuant to subsection 30.4(2) of SIMA.

Responses to the importer Request for Information are due by October 17th 2012. Importers are cautioned that new normal values or amounts of subsidy, when issued, may be higher than those currently in effect and that this could result in additional assessments of anti dumping or countervailing duty. Importers are also cautioned that unless an exporter co operates in this re investigation and receives specific normal values or amounts of subsidy at its conclusion, subsequent imports of subject goods from that exporter will be assessed at the rates indicated above.

In addition, in cases where changes occur in domestic prices, market conditions or costs associated with the production and sales of the subject goods, or in the case of goods originating in China, amounts of subsidy received by the manufacturer, the concerned parties are responsible for informing the CBSA of such changes in writing and in a timely manner. If the concerned parties do not or did not properly notify the CBSA of substantial changes, or if they do not provide the information required to make any necessary adjustments to values, retroactive assessments of anti-dumping or countervailing duty may be warranted.

Source - CBSA

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