Canada Border Services Agency
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Anti-dumping and Countervailing Program

PRELIMINARY DETERMINATION IN THE DUMPING INVESTIGATION ON IMPORTS OF CERTAIN LAMINATE FLOORING FROM AUSTRIA, BELGIUM, THE PEOPLE'S REPUBLIC OF CHINA, FRANCE, THE FEDERAL REPUBLIC OF GERMANY, AND THE REPUBLIC OF POLAND

PRELIMINARY DETERMINATION IN THE SUBSIDY INVESTIGATION ON IMPORTS OF CERTAIN LAMINATE FLOORING FROM THE PEOPLE'S REPUBLIC OF CHINA

TERMINATION OF THE DUMPING INVESTIGATION ON IMPORTS OF CERTAIN LAMINATE FLOORING FROM LUXEMBOURG

On February 16, 2005, the Canada Border Services Agency (CBSA) made a preliminary determination of dumping respecting certain laminate flooring originating in or exported from Austria, Belgium, the People's Republic of China (China), France, the Federal Republic of Germany (Germany), and the Republic of Poland (Poland) and a preliminary determination of subsidizing respecting such product originating in or exported from China. On the same date, the CBSA terminated the dumping investigation with respect to the same goods originating in or exported from Luxembourg by reason that the volume of dumped goods was determined to be negligible. The estimated margins of dumping for each exporter ranges from 0% to 26.6% while the amount of subsidy was estimated to be equal to 2.01% when expressed as a percentage of export price. Provisional duty will now be imposed on all subject goods imported into Canada on and after February 16, 2005, in an amount equal to the estimated margins of dumping and estimated amount of subsidy (see below). The ongoing investigation covers all importations of subject laminate flooring which occurred between July 1, 2003 and June 30, 2004.

Additional information about this investigation will be available in a Statement of Reasons that will be available within 15 days of the date of this decision on the CBSA's web site at: http://www.cbsa-asfc.gc.ca/sima-lmsi/.

Next Steps

The CBSA will continue its investigation of the dumping and subsidizing and will make a final decision on or before May 17, 2005. The Canadian International Trade Tribunal (Tribunal) will now begin its full inquiry into the question of injury to the Canadian laminate flooring industry. The Tribunal is expected to issue its final decision on or before June 16, 2005.

Complainant

The CBSA initiated the investigation after receiving a complaint filed by Uniboard Surfaces Inc. (Uniboard) of Laval, Québec. Uniboard is currently the only known Canadian manufacturer of laminate flooring.

Product Information

For the purpose of this investigation, the subject goods are defined as laminate flooring in thickness ranging from 5.5mm to 13mm. Excluded from the foregoing definition is laminate hardwood flooring where the hardwood component exceeds 2mm in thickness.

Laminate flooring may be defined as a rigid floor covering with a surface layer consisting of one or more thin sheets of a fibrous material printed with the motif and colour that will show on the flooring, generally a wood grain or ceramic tile pattern, and impregnated with aminoplastic resins (usually melamine). These sheets are either pressed or bonded on a substrate, which usually consists of High Density Fibreboard (HDF). The product is normally finished with a backing, primarily used as a balancing material. Laminate flooring is properly classified in Section IX of the Customs Tariff under the Harmonized System (HS) at subheading 4411.19.90.90.

Estimated Margins of Dumping

Country

Producer / Exporter

Weighted Average Margin*

Austria

Kaindl Flooring Gmbh

4.7%

Other Exporters

4.7%

Belgium

Unilin NV

6.6%

Other Exporters

6.6%

China

Vöhringer Wood Products (Shanghai) Co. Ltd.

26.6%

Other Exporters

26.6%

Germany

Akzenta Panelee + Profile Gmbh

8.7%

Kronotex Fussboden Gmbh & Co.

0%

KronoFlooring Gmbh

0%

Other Exporters

2.2%

France

EPI Laminate Flooring

7.5%

Other Exporters

7.5%

Poland

Kronopol Ltd.

4.0%

Other Exporters

4.0%

*Expressed as a percentage of export price. In determining the margin of dumping for each exporter, the CBSA did not determine a separate margin for each model or type of laminate flooring product and therefore did not set any negative margins of dumping found in respect of a model or type equal to zero.

Estimated Amount of Subsidy

Country

Producer / Exporter

Amount of Subsidy*

China

All producers / exporters

2.01%

*Expressed as a percentage of export price.

Investigation Schedule

Event

Date

Complaint Filed

August 13, 2004

Notice of Properly Documented Complaint

September 3, 2004

Initiation of Investigation

October 4, 2004

Tribunal Preliminary Decision on Injury

December 3, 2004

Notice of Extension of Investigation

December 17, 2004

CBSA Preliminary Decision on Dumping/Subsidy

February 16, 2005

CBSA Final Decision on Dumping/Subsidy

on or before May 17, 2005

Tribunal Finding*

on or before June 16, 2005

*This will take place only if the preceding event results in an affirmative decision or if the investigation is not otherwise terminated.