Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Canada Border Services Agency Concludes Reinvestigation in Certain Fasteners AD/CDV Case

On March 24, 2010, the Canada Border Services Agency (CBSA) concluded its reinvestigation of normal values and export prices relating to certain carbon steel screws from China and Chinese Taipei (Taiwan). The reinvestigation was commenced by the CBSA on September 24, 2009. At that time, the subject goods description included certain carbon steel screws from China and Taiwan and stainless steel screws from Taiwan.

On January 6, 2010, the Canadian International Trade Tribunal terminated its January 7, 2005 AD order is respect of all stainless steel screws from Taiwan (stainless steel screws from China were not covered in the 2005 Order) and certain carbon steel screws from China or Taiwan.

In the CBSA's March 24, 2010 Notice of Conclusion of Reinvestigation, the CBSA reminded exporters that it had said at the initiation of the re-investigation

PLEASE NOTE THAT FOR THIS RE-INVESTIGATION THE CBSA CONTACTED PARTIES RESPONSIBLE FOR SUBSTANTIALLY ALL SHIPMENTS OF SUBJECT GOODS RELEASED INTO CANADA BETWEEN JANUARY 1, 2009 AND JULY 31, 2009. THE CBSA DID NOT CONTACT A REPRESENTATIVE SAMPLE OF EXPORTERS FOR PURPOSES OF THE RE-INVESTIGATION. CONSEQUENTLY, THERE IS NOT A CATEGORY FOR NON-SAMPLED EXPORTERS.

EXPORTERS WHO ARE NOT THE MANUFACTURER OF THE SUBJECT GOODS RECEIVED NORMAL VALUES ONLY TO THE EXTENT THAT THEIR SUPPLIERS/MANUFACTURERS PROVIDED SUFFICIENT INFORMATION TO PERMIT THE DETERMINATION OF NORMAL VALUES AND EXPORT PRICES. IF NONE OF THE EXPORTER'S SUPPLIERS/MANUFACTURERS PROVIDED 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.

IMPORTERS ARE CAUTIONED THAT UNLESS THE EXPORTER FROM WHOM THEY INTEND TO IMPORT SUBJECT FASTENERS IS LISTED BELOW, NORMAL VALUES WILL BE DETERMINED BY ADVANCING THE EXPORT PRICE OF THE SUBJECT GOODS BY 170%, PURSUANT TO A MINISTERIAL SPECIFICATION. IN ADDITION, IF THE SUBJECT GOODS ORIGINATE IN, OR ARE EXPORTED FROM CHINA AND THE EXPORTER IS NOT LISTED BELOW AS HAVING A SPECIFIC AMOUNT OF SUBSIDY, THE AMOUNT OF SUBSIDY APPLICABLE WILL BE 1.25 CHINESE RENMINBI PER KILOGRAM, IN ACCORDANCE WITH A MINISTERIAL SPECIFICATION.

Bottom line is that any exporter who did not participate or who did not provide a complete response or a response filed on time will be subject to the Ministerial Specification rate of 170%. The 170% rate comes from the original investigation and it is not known or determinable if that calculation relates to goods currently subject to antidumping duties. There is a judicial review that questions the 170% rate being applied after a previous reinvestigation. That judicial review has not been heard by the Federal Court Trial Division. If you would like more information about this judicial review, please do not hesitate to contact us (we represent the applicant).

Some importers may be surprised by the 170%, which applies to imports cleared by the CBSA starting on March 24, 2010.  Importers may also be surprised in the normal values are higher under the CBSA's new calculations as dumping duties may be applicable to the extent that the export price is lower than the normal value.

The CBSA has calculated specific normal values on a product-by-product basis for future shipments by the exporters identified below:

 

SUBJECT GOODS ORIGINATING IN
OR EXPORTED FROM CHINESE TAIPEI

Bamal Fastener, LLC (USA)

Boss Precision Works Co., Ltd

Chan Liang Enterprise Co., Ltd.

CPC Fasteners International Co., Ltd.

De Hui Screw Industry Co., Ltd

DoRo Tools Inc. (Phillips Midwest/Phillips Fasteners LLC) (USA)

Dragon Iron Factory Co., Ltd.

Easylink Industrial Co., Ltd

Faithful Engineering Products Co., Ltd.

Hilti, Inc. (USA)

Honor Best Co., Ltd.

Jau Yeou Industry Co., Ltd.

Ji Li Deng Fasteners Co. Ltd

Katsuhana Fasteners Corp.

Kind-Auspice Industrial Co., Ltd.

Kreg Tool Company (USA)

Kwantex Research Inc.

Newfast Co., Ltd.

Sheh Fung Screws Co. Ltd.

Starborn Industries Inc. (USA)

Taiwan Shan Yin International Co., Ltd.

Wictory Co., Ltd.

Zyh Yin Enterprise Co., Ltd.

All other exporters

170%

SUBJECT GOODS ORIGINATING IN OR
EXPORTED FROM THE
PEOPLE'S REPUBLIC OF CHINA

Gem-Year Industrial Co., Ltd.

YanTai Xincheng Standard Fasteners Co., Ltd.

All other exporters

170%

If exporters disagree with the CBSA's conclusions, they have only 30 days to file a judicial review application. Importers who are affected by the CBSA's calculations may file requests for determination under the Special Import Measures Act. Importers may also be able to file judicial review applications in certain circumstances.  If you have any questions, please contact Cyndee Todgham Cherniak at 416-307-4168.

Cyndee Todgham Cherniak has been involved in the Certain Fasteners case since its initiation in April 2004. She has represented various exporters and importers in proceedings before the Canada Border Services Agency, Canadian International Trade Tribunal (CITT) and judicial reviews before the Federal Court Trial Division and Federal Court of Appeal (relating to CBSA and CITT decisions).

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