Canada Border Services Agency
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Anti-dumping and Countervailing Program

Fact Sheet

PRELIMINARY DETERMINATION OF DUMPING REGARDING CERTAIN CROSS-LINKED POLYETHYLENE TUBING FROM THE UNITED STATES OF AMERICA

On June 1, 2006, the Canada Border Services Agency (CBSA) made a preliminary determination of dumping respecting certain cross-linked polyethylene tubing originating in or exported from the United States of America.

The estimated margins of dumping for each exporter is equal to 213%, when expressed as a percentage of export price. The provisional duties are payable on the subject goods that are released from customs during the period commencing on June 1, 2006, and ending on the earlier of the day the President of the CBSA causes the investigation to be terminated or the day on which the Canadian International Trade Tribunal (Tribunal) makes an order or finding.

Additional information concerning this decision 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 regarding certain cross-linked polyethylene tubing and will make a final decision on or before August 30, 2006. The Tribunal will now begin its full inquiry into the question of injury to the Canadian industry. The Tribunal will issue its decision on or before September 29, 2006.

Complainant

The CBSA initiated the investigation after receiving a complaint filed by Vanguard Piping Systems (Canada) Inc. of Mississauga, Ontario, a Canadian producer of cross-linked polyethylene tubing.

Product Information

For the purpose of this investigation, the subject goods are defined as Single or multilayer cross-linked polyethylene tubing in nominal tubing sizes up to and including 1 inch or the metric equivalent, excluding cross-linked polyethylene tubing with an oxygen barrier layer, originating in or exported from the United States of America.

Cross-linked polyethylene tubing is commonly classified in Sections VII of the Customs Tariff under the Harmonized System (HS) at the following subheadings:

3917.21.00.10 Tubes, pipes, and hoses, rigid: Of polymers of ethylene; Pressure
3917.21.00.20 Tubes, pipes, and hoses, rigid: Of polymers of ethylene; Ground water drainage
3917.21.00.30 Tubes, pipes, and hoses, rigid: Of polymers of ethylene; Ducting or conduit
3917.21.00.90 Tubes, pipes, and hoses, rigid: Of polymers of ethylene; Other
3917.31.90.10 Other tubes, pipes, and hoses: Flexible tubes, pipes and hoses, having a minimum burst pressure of 27.6 Mpa; Of polymers of ethylene
3917.31.90.90 Other tubes, pipes, and hoses: Flexible tubes, pipes and hoses, having a minimum burst pressure of 27.6 Mpa; Other

Investigation Schedule

Event

Date

Complaint Filed

February 7, 2006

Notice of Properly Documented Complaint

February 13, 2006

Initiation of Investigation

March 3, 2006

Tribunal Preliminary Decision on Injury

May 2, 2006

CBSA Preliminary Decision on Dumping

June 1, 2006

CBSA Final Decision on Dumping/Subsidy

on or before August 30, 2006

Tribunal Finding*

on or before September 29, 2006

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