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Miscellaneous Canadian and Latin American AD/CV Actions on Mainland Chinese Products

Canada Initiates AD/CV Investigations on Cold-Rolled Steel Products
The Canada Border Services Agency has initiated separate AD and CV duty investigations of mainland Chinese cold-reduced flat-rolled sheet products of carbon steel (alloy and non-alloy), in coils or cut lengths, in thicknesses up to 0.142 inches (3.61 mm) and widths up to 73 inches (1,854 mm), classified under HTSCA 7209.15.00.00, 7209.16.0000, 7209.17.0000, 7209.18.0000, 7209.25.0000, 7209.26.0000, 7209.27.0000, 7209.28.0000, 7209.90.0000, 7211.23.0000, 7211.29.0000, 7211.90.0000 and 7225.50.0000. Excluded from the scope of these proceedings are (i) organic coated (including pre-paint and laminate) and metallic coated steel; (ii) steel products for use in the manufacture of passenger automobiles, buses, lorries, ambulances or hearses or chassis therefor, or parts thereof, or accessories or parts thereof; (iii) steel products for use in the manufacture of aeronautic products; (iv) perforated steel; (v)) stainless steel; (vi) silicon-electrical steel; and (vii) tool steel.

As required by Canadian law, the Canadian International Trade Tribunal has commenced a concurrent preliminary injury inquiry to determine whether the evidence discloses a reasonable indication that the alleged dumping and subsidising of the subject merchandise have caused injury or retardation or are threatening to cause injury to a Canadian industry. Submissions by parties opposed to the complaint are due by 22 June. These submissions should include evidence (e.g., documents and sources that support the factual statements in the submissions) and arguments concerning the questions of:

  • whether there are goods in Canada, other than those identified in the CBSA’s statement of reasons for initiating the investigation, that are like goods to the allegedly dumped and subsidised goods;
  • whether there is more than one class of allegedly dumped and subsidised goods;
  • which domestic producers of like goods comprise the domestic industry; and
  • whether the information before the CITT discloses a reasonable indication that the alleged dumping and subsidising of the goods have caused injury or retardation or threaten to cause injury.

Parties should note that the CITT does not consider exclusion requests during a preliminary injury inquiry and that none should therefore be filed at this stage. Should the matter proceed to a final inquiry phase, particulars regarding the schedule for filing exclusion requests will be included in a notice of inquiry. The CITT is scheduled to issue its preliminary injury determination on 24 July.

Canada Initiates AD/CV Investigations on Sucker Rods
The CBSA has initiated separate AD and CV duty investigations of mainland Chinese sucker rods, including pony rods, with or without couplings attached and with or without guides attached, manufactured to American Petroleum Institute 11B specifications, equivalent standards or proprietary standards, including in a finished or semi-finished state, made of solid steel, including carbon, alloy and special grades of steel, of 2.5 inches (63.5 mm) or less in diameter of rod body, with stated measurements subject to permissible tolerances, classified under HTSCA 8413.91.0010.

The CITT has commenced a concurrent preliminary injury inquiry to determine whether the evidence discloses a reasonable indication that the alleged dumping and subsidising of the subject merchandise have caused injury or retardation or are threatening to cause injury to a Canadian industry. Submissions by parties opposed to the complaint are due by 19 June. These submissions should include evidence (e.g., documents and sources that support the factual statements in the submissions) and arguments concerning the questions of:

  • whether there are goods in Canada, other than those identified in the CBSA’s statement of reasons for initiating the investigation, that are like goods to the allegedly dumped and subsidised goods;
  • whether there is more than one class of allegedly dumped and subsidised goods;
  • which domestic producers of like goods comprise the domestic industry; and
  • whether the information before the CITT discloses a reasonable indication that the alleged dumping and subsidising of the goods have caused injury or retardation or threaten to cause injury.

The CITT is scheduled to issue its preliminary injury determination on 17 July.

Canada Begins Sunset Review of AD/CV Duty Orders on Standard Steel Pipe
Canadian authorities have begun an expiry (i.e., sunset) review of the AD and CV duty orders on mainland Chinese carbon steel welded pipe, commonly identified as standard pipe, classified under HTSCA 7306.30.0010, 7306.30.0020 and 7306.30.0030. These orders cover pipe in the nominal size range of half an inch up to and including six inches (12.7 mm to 168.3 mm in outside diameter) inclusive, in various forms and finishes, usually supplied to meet ASTM A53, ASTM A135, ASTM A252, ASTM A589, ASTM A795, ASTM F1083 or Commercial Quality, or AWWA C200‑97 or equivalent specifications, including water well casing, piling pipe, sprinkler pipe and fencing pipe, but excluding oil and gas line pipe made to API specifications exclusively. Also excluded from these orders are: (1) carbon steel welded pipe in the nominal pipe size of an inch, meeting the requirements of specification ASTM A53, Grade B, Schedule 10, with a black or galvanised finish, and with plain ends, for use in fire protection applications; (2) carbon steel welded pipe in nominal pipe sizes of half an inch to two inches inclusive, produced using the electric resistance welding process and meeting the requirements of specification ASTM A53, Grade A, for use in the production of carbon steel pipe nipples; and (3) carbon steel welded pipe in nominal pipe sizes of half an inch to six inches inclusive, dual-stencilled to meet the requirements of both specification ASTM A252, Grades 1 to 3, and specification API 5L, with bevelled ends and in random lengths, for use as foundation piles.

The CBSA will accept questionnaire responses and other information from interested parties through 3 July and will issue its determination by 19 October. In the event of a positive determination, the CITT will determine by 1 April 2019 whether the continued or resumed dumping or subsidising is likely to result in injury or retardation. The CITT will hold a public hearing in connection with this review on 21 January 2019.

Argentina Issues AD Duty Order on Certain Steel Tube
Argentina has issued an AD duty order on mainland Chinese steel tube of the kind used in oil or gas pipelines, whether or not welded, with an external diameter of 406.4 mm or lower and a thickness of 12.7 mm or lower, made in accordance with API 5L/ISO 3183 or any similar standards, except those made of stainless steel, classified under NCM 7304.19.00 and 7306.19.00. As a result, imports of subject merchandise will face a 26 percent AD duty for a period of five years.

Mexico Confirms AD Duty Order on Ceramic Tableware/Kitchenware
Following a legal challenge, the Mexican government has upheld the validity of its January 2014 AD duty order on mainland Chinese tableware and kitchenware classified under HTSMX 6911.10.01 and 6912.00.01. Accordingly, subject merchandise will continue to be subject to a minimum import price of US$2.61/kg. While imports of lower-valued items are allowed, importers are required to guarantee payment of the difference in each of those circumstances. Excluded from the scope of this order are jars and mugs (i) having a polymer/polyester coating, (ii) not decorated or printed, and (iii) intended to undergo a sublimation printing process.

Argentina Begins Sunset and Changed Circumstances Review of AD Duty Orders on Vacuum Flasks
Argentina has initiated a sunset and changed circumstances review of the AD duty orders on mainland Chinese (1) vacuum flasks and other vacuum vessels with stainless steel inners of a capacity not exceeding 2.5 litres; and (2) vacuum flasks and other vacuum vessels with glass inners of a capacity of up to 2.5 litres classified under NCM 9617.00.10. Imports of subject merchandise currently face minimum FOB export prices of US$15 per kilogramme (vacuum flasks with stainless steel inners) and US$4.82 per unit (vacuum flasks with glass inners).

Brazil Finds Circumvention of AD Duty Order on Pens
Brazilian authorities recently issued a final determination in an anti-circumvention probe of the AD duty order on mainland Chinese ball-point pens classified under NCM 9608.10.00. Specifically, it has been determined that that import licences should not be issued to imports of subject pens claiming to be produced in India by BC Enterprises.

Colombia Extends Provisional AD Measures on Iron and Steel Profiles
Colombia has extended for a period of three months the minimum FOB price of US$473.28 per tonne it provisionally established in the on-going AD investigation of mainland Chinese iron and steel profiles, whether or not alloyed, in L and U sections, hot-rolled or extruded, classified under HTSCO 7216.21.0000, 7216.10.0000 and 7228.70.0000.

Colombia Extends Provisional AD Measures on Woven Fabrics
Colombia has extended for a period of three months the minimum FOB price of US$4.63/kg it provisionally established in the on-going AD investigation of mainland Chinese cotton woven denim fabrics and certain other cotton woven fabrics classified under HTSCO 5209.42.0000, 5209.49.0000, 5211.42.0000 and 5211.49.0000.

Colombia Extends Deadline for Preliminary AD Determination on Citric Acid
Colombia has extended until 14 June the deadline for a preliminary determination in its AD probe of citric acid classified under HTSCO 2918.14.0000 from mainland China.

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