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Notice of Re-investigation
CERTAIN STEEL PLATE
Ottawa, March 23, 2010
The Canada Border Services Agency (CBSA) has today initiated a re-investigation to update the normal values and export prices respecting certain steel plate originating in or exported from the People's Republic of China, the Republic of Bulgaria, the Czech Republic, Romania and Ukraine pursuant to the Special Import Measures Act (SIMA).
The re investigation is part of the ongoing enforcement of the Canadian International Trade Tribunal's findings of material injury respecting:
- certain hot-rolled carbon steel plate and high-strength low-alloy plate originating in or exported from the People's Republic of China (Plate III);
- certain hot-rolled carbon steel plate and high-strength low-alloy steel plate originating in or exported from the Republic of Bulgaria, the Czech Republic and Romania (Plate V); and
- certain carbon steel plate and high strength low alloy steel plate originating in or exported from Ukraine (Plate VI).
The goods subject to the Tribunal's findings are defined in Appendix 1. The goods are properly classified under the ten-digit Harmonized System classification numbers and are also located in Appendix 1.
It is anticipated that this re-investigation will be concluded on or before August 19, 2010. A re-investigation schedule is available at: www.cbsa-asfc.gc.ca/sima-lmsi under the heading Certain Steel Plate.
As part of this current re-investigation, the CBSA will also be conducting an inquiry pursuant to section 20 of SIMA. Since June 2005, the CBSA has conducted three investigations and three normal value re investigations involving section 20 inquiries on steel products from China. The investigations covered certain seamless carbon or alloy steel oil and gas well casing, certain carbon steel welded pipe products, and oil country tubular goods, while the three re-investigations involved certain flat hot-rolled carbon and alloy steel sheet and strip (two re-investigations) and certain hot-rolled carbon and high-strength low alloy steel plate. In all instances, information available to the CBSA indicated that the domestic prices are substantially determined by the Government of China (GOC) and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market. Accordingly, the CBSA was of the opinion that the conditions of section 20 were present in these respective steel sectors in China.
During this re-investigation, the CBSA will once again examine the hot-rolled steel plate sector in China, as based on currently available information, there is continued reason to believe that the conditions of section 20 remain. Therefore, in accordance with the CBSA policy on the application of section 20 of SIMA, a section 20 inquiry has been initiated. Consequently, interested parties are welcome to provide facts and supporting information to the CBSA by April 29, 2010, if they wish to comment on the application of section 20 of SIMA.
The new normal values resulting from this re-investigation will be effective for the subject goods released from the CBSA on or after August 19, 2010, or the date of the ruling letter to the exporters, whichever occurs first. Also, at that time, the normal values currently in place will expire. Importers are cautioned that new normal values, when issued, may be higher than those currently in effect and that this could result in additional assessments of anti-dumping duty. Importers are also cautioned that where an exporter does not provide a complete submission by the deadline date and does not receive specific normal values at the conclusion of the re-investigation, or does not permit the verification of information submitted, normal values of subsequent imports of subject goods from that exporter will be determined by advancing the export price of the goods pursuant to a ministerial specification under section 29 of SIMA.
Exporters who are not the manufacturer of the subject goods will receive normal values only to the extent that their suppliers/manufacturers provide sufficient information to permit the determination of normal values and export prices. If none of the exporter's suppliers/manufacturers provide sufficient information, normal values for that exporter will be determined by advancing the export price of the goods by a ministerial specification.
For these reasons, any importers or exporters who have not received a letter from the CBSA with an accompanying Request for Information (RFI), and who wish to provide a response to the RFI are advised to contact one of the officers identified below. Similarly, it is recommended that importers contact their exporter(s) to determine if the exporter(s) have received the exporter RFI and if they intend to cooperate with the CBSA in this re-investigation.
Finally, the normal values determined on the basis of the re-investigation will be applied to any customs entries of subject goods under appeal that have yet to be re-determined at the time of the conclusion of this reinvestigation. Exporters that wish to participate are required to provide a complete and accurate submission by April 29, 2010.
Responses to the Importer Request for Information are due by April 13, 2010.
Any questions concerning the above should be directed to:
Anti-dumping and Countervailing Program
Trade Programs Directorate
Canada Border Services Agency
100 Metcalfe Street, 11th Floor
Ottawa, Ontario K1A OL8
CANADA
Benjamin Walker 613-952-8665
APPENDIX 1
Product Definition for Plate III, V, and VI
Subject Goods for Plate III (the People's Republic of China) are:
“Hot-rolled carbon steel plate and high strength, low alloy plate not further manufactured than hot rolled, heat-treated or not, in cut lengths, in widths from 24 inches (+/- 610 mm) to 152 inches (+/- 3,860 mm) inclusive, and thicknesses from 0.187 inches (+/- 4.75 mm) to 4 inches (+/ 101.6 mm) inclusive, originating in or exported from the People's Republic of China, but excluding plate for use in the manufacture of pipe and tube (also known as skelp); plate in coil form; plate having a rolled, raised figure at regular intervals on the surface (also known as floor plate); and plate produced to ASTM specifications A515 and A516M/A516, grade 70, in thicknesses greater than 3.125 inches (+/- 79.3 mm).”
The subject goods for Plate III are normally imported into Canada under the following Harmonized System classification numbers:
- 7208.51.10.00
- 7208.51.91.10
- 7208.51.91.91
- 7208.51.91.92
- 7208.51.91.93
- 7208.51.91.94
- 7208.51.91.95
- 7208.51.99.10
- 7208.51.99.91
- 7208.51.99.92
- 7208.51.99.93
- 7208.51.99.94
- 7208.51.99.95
- 7208.52.11.00
- 7208.52.19.00
- 7208.52.90.10
- 7208.52.90.91
- 7208.52.90.92
- 7208.52.90.93
- 7208.52.90.94
- 7208.52.90.95
Subject Goods for Plate V (the Republic of Bulgaria, the Czech Republic and Romania) are:
“Hot-rolled carbon steel plate and high-strength low-alloy steel plate not further manufactured than hot-rolled, heat-treated or not, in cut lengths in widths from 24 inches (+/- 610 mm) to 152 inches (+/- 3,860 mm) inclusive and in thicknesses from 0.187 inches (+/- 4.75 mm) to 5.25 inches (+/-133 mm) inclusive, originating in or exported from Bulgaria, the Czech Republic and Romania, excluding plate produced to American Society for Testing & Materials (ASTM) specifications A515 and A516M/A516 Grade 70 in thickness greater than 3.125 inches (+/- 79.3 mm), universal mill plate, plate for use in the manufacture of pipe and plate having a rolled, raised figure at regular intervals on the surface (also known as floor plate).”
The following goods are excluded: hot-rolled carbon steel plate and high-strength low-alloy steel plate in thicknesses greater than 4.0 inches.
The subject goods for Plate V are normally imported into Canada under the following Harmonized System classification numbers:
- 7208.51.91.10
- 7208.51.91.91
- 7208.51.91.92
- 7208.51.91.93
- 7208.51.91.94
- 7208.51.91.95
- 7208.51.99.10
- 7208.51.99.91
- 7208.51.99.92
- 7208.51.99.93
- 7208.51.99.94
- 7208.51.99.95
- 7208.52.90.10
- 7208.52.90.91
- 7208.52.90.92
- 7208.52.90.93
- 7208.52.90.94
- 7208.52.90.95
Subject Goods for Plate VI (Ukraine) are:
“Hot-rolled carbon steel plate and high strength low alloy steel plate not further manufactured than hot-rolled, heat-treated or not, in cut lengths in widths from 24 inches (610 mm) to 152 inches (3,860 mm) inclusive and in thicknesses from 0.187 inches (4.75 mm) up to and including 3.0 inches (76.0 mm) inclusive (with all dimensions being plus or minus allowable tolerances contained in the applicable standards e.g. ASTM standards A6/A6M and A20/A20M), originating in or exported from Ukraine; excluding universal mill plate, plate for use in the manufacture of pipe and plate having a rolled, raised figure at regular intervals on the surface (also known as floor plate).”
The subject goods for Plate VI are normally imported into Canada under the following Harmonized System classification numbers:
- 7208.51.91.10
- 7208.51.91.91
- 7208.51.91.92
- 7208.51.91.93
- 7208.51.91.94
- 7208.51.91.95
- 7208.51.99.10
- 7208.51.99.91
- 7208.51.99.92
- 7208.51.99.93
- 7208.51.99.93
- 7208.51.99.95
- 7208.52.90.10
- 7208.52.90.91
- 7208.52.90.92
- 7208.52.90.93
- 7208.52.90.94
- 7208.52.90.95
