The Canada Border Services Agency has initiated a re investigation of the normal values and export prices, of certain carbon steel pipe fittings, originating in or exported from China pursuant to the Special Import Measures Act.

The re investigation is part of the CBSA's enforcement of the finding made by the Canadian International Trade Tribunal on July 16th 2003, in Inquiry No NQ-2002-004, as amended on June 8th 2007, in Interim Review No RD-2006-006. This finding was subsequently reviewed and continued on July 15th 2008.

The goods subject to the Tribunal's finding are defined as certain carbon steel pipe nipples and adaptor fittings, in nominal diameters up to and including 6 inches or the metric equivalents, originating in or exported from China.

The subject goods are normally imported into Canada under one of the following ten digit Harmonized System Classification numbers:
7307.99.99.11
7307.99.99.19

The normal values established will be effective for the subject goods released from the CBSA on or after October 8th 2010, or the date of the decision letter to the exporter, whichever occurs first. Normal values currently in place will expire on that date. 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 July 26th 2010. 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 either does not provide sufficient information to determine normal values or does not permit verification of information submitted, normal values will be determined in accordance with a ministerial specification, which is calculated as follows:

1. For Carbon Steel Pipe Nipples the amount of anti dumping duty is equal to an advance of the export price (as determined under section 24, 25 or 29 of the SIMA) of 153%.

2. For Carbon Steel Adaptor Fittings the amount of anti dumping duty is equal to an advance of the export price (as determined under section 24, 25 or 29 of the SIMA) of 117%.

Exporters who are not the manufacturer of the subject goods will receive normal values only to the extent that their suppliers or manufacturers provide sufficient information to permit the determination of normal values and export prices. If none of the exporter's suppliers or manufacturers provide sufficient information, normal values for that exporter will be determined 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, 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 and if they intend to cooperate with the CBSA in this re investigation.

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, when there have been changes to domestic prices, market conditions and or costs associated with production and sales, the onus is on the concerned parties to advise the CBSA. Where changes have occurred and the CBSA has not been advised in a timely manner, the extent of these changes could warrant retroactive assessments of anti dumping duty.

In addition, the normal values 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.