Notice of Re-investigation

Certain Carbon Steel and Stainless Steel Fasteners

September 15, 2008

The Canada Border Services Agency (CBSA) has initiated a re-investigation of the normal values, export prices, and amounts of subsidy of certain carbon steel fasteners originating in or exported from the People’s Republic of China, and the normal values and export prices of certain carbon steel and stainless steel fasteners originating in or exported from Chinese Taipei.

The re-investigation is part of the CBSA’s enforcement of the finding made by the Canadian International Trade Tribunal (Tribunal) on January 7, 2005.

The goods subject to the Tribunal’s finding are described in Appendix 1 and are properly classified under the listed ten-digit Harmonized System classification numbers.  Additional product information explaining what products are subject to duties and what products are not subject to duties is also provided in Appendix 1.

It is anticipated that this re-investigation will be concluded on or before February 23, 2009.  A re-investigation schedule is available at: www.cbsa-asfc.gc.ca/sima-lmsi/ri-re/menu-eng.html.

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 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 choose to co-operate in the current re-investigation are required to provide a complete and accurate response to the CBSA’s Exporter Request for Information by October 22, 2008.  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 in the People’s Republic of China or Chinese Taipei 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 170% of the export price of the subject goods imported into Canada, in accordance with a ministerial specification pursuant to Special Import Measures Act.

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 under ministerial specification at the rate of 1.25 Chinese Renminbi per kilogram.

PLEASE NOTE THAT FOR THE CURRENT RE-INVESTIGATION THE CBSA IS CONTACTING PARTIES RESPONSIBLE FOR SUBSTANTIALLY ALL SHIPMENTS OF SUBJECT GOODS RELEASED INTO CANADA BETWEEN JANUARY 1, 2008 AND JUNE 30, 2008. PLEASE BE ADVISED THAT THE CBSA IS NOT CONTACTING A REPRESENTATIVE SAMPLE OF EXPORTERS FOR PURPOSES OF THE CURRENT RE-INVESTIGATION.  CONSEQUENTLY, THERE WILL NOT BE AN “ALL OTHER EXPORTERS” CATEGORY FOLLOWING THE CONCLUSION OF THE RE-INVESTIGATION.

EXPORTERS WHO ARE NOT THE MANUFACTURER OF THE SUBJECT GOODS (E.G. TRADING COMPANIES OR VENDORS) 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 170%, PURSUANT TO 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 SUGGESTED THAT IMPORTERS CONTACT THEIR EXPORTER(S) TO DETERMINE IF THE EXPORTER(S) HAVE RECEIVED THE EXPORTER RFI(S) AND IF THEY INTEND TO COOPERATE WITH THE CBSA IN THIS RE-INVESTIGATION.

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 production and sales of the subject goods, 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.

Any questions concerning the above should be directed to:

SIMA Registry and Disclosure Unit
Anti-dumping and Countervailing Program
Canada Border Services Agency
11th Floor, 100 Metcalfe Street
Ottawa, Ontario
K1A 0L8

FAX:  613-948-4844
General e-mail: simaregistry-depotlmsi@cbsa-asfc.gc.ca
Web site:  www.cbsa-asfc.gc.ca/sima-lmsi/menu-eng.html

Officers’ names and contact information:

Alexander Lawton  613-954-7410
Alexander.Lawton@cbsa-asfc.gc.ca

Richard Pragnell  613-954-0032
Richard.Pragnell@cbsa-asfc.gc.ca

Iqbal Motani  613-952-7547
Iqbal.Motani@cbsa-asfc.gc.ca

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Appendix 1

Product Definition

Subject goods are:

Certain carbon steel screws originating in or exported from the People’s Republic of China and Chinese Taipei, and certain stainless steel screws originating in or exported from Chinese Taipei, excluding those specifically designed for application in the automotive or aerospace industry.

Additional Product Information

The following carbon steel & stainless steel screws are considered subject products:

	Imperial		Metric
	Diameter	Length	Diameter	Length
Wood Screws	#4 to #24 (0.112" to 0.386")	3/8 to 8 in.	M3 to M10	10 mm to 200 mm
Square and Hex Lag Screws	#14 to #24 (1/4" to 0.386")	3/4 to 4 in.	M6 to M10	20 mm to 100 mm
Sheet Metal/Tapping Screws	#4 to #24 (0.112" to 0.386")	3/8 to 8 in.	M3 to M10	10 mm to 200 mm
Thread Forming Screws	#4 to #24 (0.112" to 0.386")	3/8 to 3 in.	M3 to M10	10 mm to 75 mm
Thread Cutting Screws	#4 to #24 (0.112" to 0.386")	3/8 to 3 in.	M3 to M10	10 mm to 75 mm
Thread Rolling Screws	#4 to #24 (0.112" to 0.386")	3/8 to 3 in.	M3 to M10	10 mm to 75 mm
Self-drilling Tapping Screws	#4 to #24 (0.112" to 0.386")	3/8 to 3 in.	M3 to M10	10 mm to 75 mm
Machine Screws	#4 to 3/8 in (0.112" to 3/8”)	3/8 to 8 in.	M3 to M10	10 mm to 200 mm
Flange Screws	1/4 to 5/8 in	3/8 to 4 in.	M6 to M16	10 mm to 100 mm

The subject goods are properly classified under the following Harmonized System classification numbers:

• 7318.11.00.00
• 7318.15.90.12
• 7318.15.90.32
• 7318.12.00.00
• 7318.15.90.21
• 7318.15.90.39
• 7318.14.00.00
• 7318.15.90.29
• 7318.15.90.44
• 7318.15.90.11
• 7318.15.90.31

Note:

• Hex socket cap screws and socket cap screws are specifically excluded and hex cap screws as a whole are also excluded.
• “Lag bolts” are in actuality considered to be subject lag screws
• There is a difference between wing screws and screws with wings, the former are excluded while the latter are, with the exception of machine screws with wings, included
• Some fasteners designated as “bolts” are in reality subject screws, namely: flange bolts, bin bolts, grain bin bolts, square and hex lag bolts, and stove bolts

The following carbon steel and stainless steel screws were excluded by the Canadian International Trade Tribunal’s finding of January 7, 2005, and therefore, are not subject goods:

• Acoustic lag screws
• Aster screws
• Chicago screws
• Collated screws
• Connector screws (kd)
• Decor screws
• Drawer handle screws
• Drive spikes RR
• Euro screws
• Hex socket cap screws
• Instrument screws
• Knurled head screws
• Machine screws with wings
• Optical screws
• Screw spikes RR
• Security screws
• Self-clinching studs
• Socket cap screws
• Socket set screws
• Square-head set screws
• Thumb screws
• U-drive screws
• Wing screws
• Screws imported under tariff item Nos. 9952.00.00, 9964.00.00, 9969.00.00 and 9972.00.00 for use in the manufacture of snowmobiles, all-terrain vehicles and personal watercraft.

The following stainless steel screws were excluded by the Canadian International Trade Tribunal’s finding of January 7, 2005, and therefore, are not subject goods:

• Socket set shoulder screws
• T-U screws