Notice of Re-investigation

Certain Steel Structural Tubing - 2010

Dumping file #: 4258-122
Dumping case #: AD/1303

Ottawa, December 20, 2010

The Canada Border Services Agency (CBSA) has today initiated a re-investigation to update the normal values and export prices, pursuant to the Special Import Measures Act (SIMA), in respect of certain steel structural tubing originating in or exported from the Republic of Korea, South Africa and Turkey.

The re-investigation is part of the ongoing enforcement of the Canadian International Trade Tribunal's (Tribunal) finding of material injury made by the Tribunal on December 23, 2003, in Inquiry No. NQ-2003-001 and continued on December 22, 2008 in expiry review No. RR-2008-001.

The goods subject to the Tribunal's finding are described in Appendix 1 and are usually classified under the listed ten-digit Harmonized System classification numbers.

It is anticipated that this re-investigation will be concluded on or before April 19, 2011. A re-investigation schedule is available at: www.cbsa-asfc.gc.ca/sima-lmsi under the heading certain steel structural tubing.

The new normal values resulting from this re-investigation will be effective for the subject goods released from the CBSA on or after April 19, 2011, 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. In addition, 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 re-investigation.

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 by 89% in accordance with the 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 89 %.

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 whether they intend to cooperate with the CBSA in this re-investigation.

Exporters that wish to participate are required to provide a complete and accurate submission by January 26, 2011.

Responses to the Importer Request for Information are due by January 19, 2011.

Any questions concerning the above should be directed to:

APPENDIX 1

Certain steel structural tubing originating in or exported from the Republic of Korea, South Africa and Turkey

Product Definition

The goods subject to the Tribunal's finding are defined as steel structural tubing known as hollow structural sections (HSS) made of carbon and alloy steel, welded, in sizes up to and including 16.0 inches (406.4 mm) in outside diameter (O.D.) for round products and up to and including 48.0 inches (1219.2 mm) in periphery for rectangular and square products, commonly but not exclusively made to ASTM A500, ASTM A513, CSA G.40.21-87-50W and comparable specifications, originating in or exported from the Republic of Korea, South Africa and Turkey.

The subject goods are normally imported into Canada under the following Harmonized System classification numbers:

• 7306.30.10.23
• 7306.30.10.33
• 7306.30.90.23
• 7306.50.00.30
• 7306.30.90.33
• 7306.61.90.12
• 7306.61.90.22