16 Dec 2016
Miscellaneous Canadian and Latin American AD/CV Actions on Mainland Chinese Products
First-Ever CV Probe by Brazil of Mainland Chinese Goods Targets Certain Steel Products
The Brazilian government recently initiated its first-ever countervailing duty investigation of a mainland Chinese product. The proceeding involves certain steel products that are currently the subject of a parallel antidumping duty investigation, specifically hot-rolled flat-rolled products of alloy or non-alloy steel, of a width of 600 mm or greater, in plates of a thickness of less than 4.75 mm or in coils of any thickness, classified under NCM 7208.10.00, 7208.25.00, 7208.26.10, 7208.26.90, 7208.27.10, 7208.27.90, 7208.36.10, 7208.36.90, 7208.37.00, 7208.38.10, 7208.38.90, 7208.39.10, 7208.39.90, 7208.40.00, 7208.53.00, 7208.54.00, 7208.90.00, 7225.30.00 and 7225.40.90. Brazilian authorities will send questionnaires to any known producers and exporters, which will have 40 days to complete and return them.
Argentina Begins AD Probes of Dishwashers, Certain Kitchen Appliances, Steel Tube for Oil/Gas Pipelines, Metal Guards, Certain Plates and Sheets
Argentina’s Department of Foreign Trade has initiated separate AD investigations of the following products from mainland China:
- dishwashers for household use classified under NCM 8422.11.00;
- manual multi-function food processors incorporating interchangeable accessories, hand mixers whether or not incorporating any accessories and blenders classified under NCM 8509.40.50, 8509.40.20 and 8509.40.10;
- 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;
- metal guards of the kind used in fans with a self-enclosed electric motor, with a diameter greater than 400 mm, classified under NCM 8414.90.20; and
- plates, sheets, film, foil and strip exclusively of poly(methyl methacrylate), non-cellular and non-metallised, of a thickness between two and 200 mm, whether or not presented with a disposable protective sheet on one or both sides, as well as plates, sheets, film, foil and strip exclusively of poly(methyl methacrylate), non-cellular and non-metallised, of square or rectangular construction with slightly rounded corners, whether or not combined with plastics all along the product’s perimeter, of a thickness between two and 200 mm, whether or not presented with a disposable protective sheet on one or both sides, classified under NCM 3920.51.00 and 3926.90.90.
Argentinean Customs will begin requiring certificates of origin for subject merchandise from 6 March.
Brazil Issues AD Duty Order on PET Resin
Brazil’s Ministry of Industry, Trade and Services (MDIC) has issued a final affirmative determination in its AD investigation of mainland Chinese polyethylene terephthalate resin with an intrinsic viscosity between 0.7 and 0.88 dl/g, classified under NCM 3907.60.00. As a result, MDIC has established for a period of five years the AD measures shown in the table below.
|Producer / Exporter||Average-Weighted|
|China Resources Packaging Materials Co. Ltd.||US$119.44/tonne|
|Jiangsu Xingye Plastic Co. Ltd.||US$104.34/tonne|
|Jiangyin Xingyu New Material Co. Ltd.||US$87.23/tonne|
|Guangdong IVL Pet Polymer Co. Ltd.||US$682.38/tonne|
|Jiangyin Xingtai New Material Co. Ltd.||US$105.40/tonne|
|Polymet Commodities Ltd.||US$105.40/tonne|
|Shanghai Hengyi Polyester Fiber Co. Ltd.||US$105.40/tonne|
|Sinopec Chemical Commercial Holding Company Limited||US$105.40/tonne|
|Wankai Hong Kong International Limited||US$105.40/tonne|
|Zhejiang Wankai New Materials Co. Ltd.||US$105.40/tonne|
Brazil Issues AD Duty Order on Certain Steel Flat Bars
MDIC has issued a final affirmative determination in its AD investigation of certain alloy steel flat bars, other than of high-speed steel, of a thickness of at least 4.5 mm but not more than 60 mm and a width of at least 50 mm but not more than 150 mm, classified under NCM 7228.30.00, from mainland China. As a result, MDIC has established for a period of five years the AD measures shown in the table below.
|Producer / Exporter||Average-Weighted|
|Tianjin Qiangbang Industrial Colt||US$495.73/tonne|
|Jiangyin Xingcheng Special Steel Works Co. Ltd.||US$495.73/tonne|
|Daye Special Steel Co. Ltd.||US$495.73/tonne|
|Circle Four Metal Materials Company Limited||US$495.73/tonne|
|Shanghai East Steel Im. & Ex. Co. Ltd.||US$495.73/tonne|
Excluded from the scope of this measure are alloy steel flat bars manufactured in accordance with any of the following standards.
- SAE: 1000 through 1099, 1000A through 1099A, 1000X through 1099X, 1000HX through 1099HX, 1000L through 1099L, 10B00 through 10B99, 10L00 through 10L99, 1100 through 1199, 1100NB through 1199NB, 1200 through 1299, 12L00 through 12L99, 1300 through 1399, 1500 through 1599, 4100 through 4199, 41L00 through 41L99, 4300 through 4399, 8600 through 8699, 8600H through 8699H and 9200 through 9299;
- ABNT: 1000 through 1099, 1000A through 1099A, 1000X through 1099X, 1000HX through 1099HX, 1000L through 1099L, 10B00 through 10B99, 10L00 through 10L99, 1100 through 1199, 1100NB through 1199NB, 1200 through 1299, 12L00 through 12L99, 1300 through 1399, 1500 through 1599, 4100 through 4199, 41L00 through 41L99, 4300 through 4399, 8600 through 8699, 8600H through 8699H and 9200 through 9299;
- DIN: C00E through C99E, C00S through C99S, Ck00 through Ck99, Cq00 through Cq99, C00W through C99W, C00K through C99K, CF00 through CF99, 11SMnPb00 through 11SMnPb99, 15Cr00 through 15Cr99, 16MnCr00 through 16MnCr99, 16MnCrS00 through 16MnCrS99, 9SMn00 through 9SMn99, 11SMn00 through 11SMn99, 30MnVS00 through 30MnVS99, 34Cr00 through 34Cr99, 37Cr00 through 37Cr99, 92Mn00 through 92Mn99, 9200 through 9299 and 100Cr6;
- JIS: S00 through S99, S00C through S99C, S00CR through S99CR and S00B through S99B;
- BS: 00A00 through 99A99;
- AFNOR: C00 through C99, X00 through X99 and XC00 through XC99;
- ACCIAIO: 100 through 199; and
- COPANT: 10B00 through 10B99.
Brazil Imposes Provisional Dumping Duties on Certain Steel Wire
CAMEX has established the provisional dumping duties shown below on mainland Chinese high-carbon, high-resistance steel wire, of circular section, hardened by cold drawing, having a smooth or notched surface and normal or low relaxation, classified under NCM 7217.10.19 and 7217.10.90. These measures will be in place through 27 May 2017.
|Producer / Exporter||Average-Weighted|
|Silvery Dragon Prestressed Materials Co. Ltd.||US$199.19/tonne|
|Global Overseas Group Co. Ltd.||US$505.56/tonne|
|Tianjin Huashi International Trade Co. Ltd.||US$505.56/tonne|
|Tianjin Shengte Prestressed Concrete Steel Strand Co. Ltd.||US$505.56/tonne|
Brazil Preliminarily Finds Dumping on Hot-Rolled Flat-Rolled Steel Products
DECOM has issued a preliminary affirmative determination in its AD investigation of mainland Chinese hot-rolled flat-rolled products of alloy or non-alloy steel, of a width of 600 mm or greater, in plates of a thickness of less than 4.75 mm or in coils of any thickness, classified under NCM 7208.10.00, 7208.25.00, 7208.26.10, 7208.26.90, 7208.27.10, 7208.27.90, 7208.36.10, 7208.36.90, 7208.37.00, 7208.38.10, 7208.38.90, 7208.39.10, 7208.39.90, 7208.40.00, 7208.53.00, 7208.54.00, 7208.90.00, 7225.30.00 and 7225.40.90. DECOM has also determined to use the United States as the surrogate market economy country in this proceeding. CAMEX will now determine whether to impose provisional measures on subject merchandise.
Brazil Extends Provisional Dumping Measures on Automotive Safety Glass
CAMEX has extended for a period of three months, through 27 February 2017, the application of the provisional dumping measures shown below on mainland Chinese tempered and laminated automotive safety glass classified under NCM 7007.11.00, 7007.19.00, 7007.21.00, 7007.29.00 and 8708.29.99. Excluded from the scope of this investigation are: (i) armoured glass; (ii) tempered and laminated glass for motorcycles, mopeds, scooters, tricycles, tractors and certain other vehicles; and (iii) electric sunroofs for automobiles and light-duty commercial vehicles.
|Producer / Exporter||Average-Weighted|
|BSG Auto Glass Co. Ltd.||US$983.46/tonne|
|Fuyao (Fujian) Bus Glass Co. Ltd., Fuyao Fujian Glass Encapsulation Co., Fuyao Group Shanghai Automobile Glass Co. Ltd., Fujian Wanda Automobile Glass Industry Co. Ltd. and Guangzhou Fuyao Glass Co. Ltd.||US$310.33/tonne|
|Dongguang Benson Automobile Glass Co. Ltd., Saint Gobain Hanglas Sekurit (Shanghai) Co. Ltd., Shenzen Benson Automobile Glass Co. Ltd. and Xinyi Automobile Glass (Shenzhen) Co. Ltd.||US$2,485.22/tonne|
|Companies identified in Annex II of CAMEX Resolution 52/2016||US$2,262.25/tonne|
Brazil Begins AD Sunset Review on Citric Acid and Certain Citrate Salts
Brazil has initiated a sunset review of the AD duty order on mainland Chinese citric acid and certain citrate salts classified under NCM 2918.14.00 and 2918.15.00. The review will result in either the extension or revocation of the order.
Brazil Denies Appeal in AD Probe of Unframed Glass Mirrors
Brazilian authorities have rejected a motion by a Mexican company for CAMEX to reconsider its February 2016 final affirmative determination in the AD probe of mainland Chinese and Mexican unframed glass mirrors classified under NCM 7009.91.00.
Argentina Issues AD Duty Order on Certain Motor Vehicle Equipment
Argentina has issued an AD duty order on mainland Chinese evaporators and condensers of the type used in automobile air conditioning equipment and radiators for automobiles and tractors classified under NCM 8708.91.00 and 8418.99.00. As a result, imports of subject merchandise will be subject to an AD duty of 187.47 percent for a period of five years.
Argentina Preliminarily Finds Dumping on Rubber Balloons
Argentina has issued a preliminary affirmative determination in its AD probe of mainland Chinese rubber balloons of any size, form and colour, whether or not printed, including water balloons, classified under NCM 9503.00.99 and 9505.90.00. Imports of subject merchandise will be subject to a provisional AD duty of US$5.50/kg for a period of six months from 7 December.
Argentina Preliminarily Finds Dumping on Spring Washers
Argentina has issued a preliminary affirmative determination in its AD probe of mainland Chinese mainland Chinese steel spring washers classified under NCM 7318.21.00. Imports of subject merchandise will be subject to a provisional minimum FOB export price of US$5.02/kg for a period of four months from 7 December.
Argentina Preliminarily Finds Dumping on Certain Woven Fabric
Argentina has issued a preliminary affirmative determination in its AD probe of certain wool woven fabric and certain polyester staple fibre fabric mixed with wool classified under NCM 5112.11.00, 5112.19.10, 5112.20.10, 5112.30.10, 5112.90.00 and 5515.13.00 from mainland China. Imports of subject merchandise will be subject to a provisional AD duty of 154 percent for a period of six months from 7 December.
Argentina Renews AD Duty Order on Air-Conditioning Equipment
Argentina has renewed for a period of five years its AD duty order on certain air-conditioning equipment classified under NCM 8415.10.11, 8415.10.19, 8415.90.10 and 8415.90.20 from mainland China. As a result, imports of subject merchandise will continue to be subject to a minimum FOB export price ranging from US$110.49 to US$332.42 per unit.
Argentina Begins Sunset and Changed Circumstances Review of AD Duty Order on Woven Suits and Jackets
Argentina has initiated a sunset and changed circumstances review of the AD duty order on certain mainland Chinese finished or semi-finished men’s and boys’ woven suits, ensembles and suit-type jackets and blazers, excluding ensembles used for medical purposes, classified under NCM 6203.11.00, 6203.12.00, 6203.19.00, 6203.22.00, 6203.23.00, 6203.29.10, 6203.29.90, 6203.31.00, 6203.32.00, 6203.33.00 and 6203.39.00. Imports of subject merchandise have been subject to a minimum FOB price of US$81.50 per unit since January 2012. While imports of lower-valued items are allowed, importers are required to guarantee payment of the difference in each of those circumstances.
Argentina Begins Anti-Circumvention Investigation of Certain Coated Paper
Argentina recently initiated a proceeding to determine whether imports of certain mainland Chinese paper and paperboard coated on one or both sides with kaolin or other inorganic substances, in rolls or in square or rectangular sheets, of which more than 10 percent but no more than 50 percent by weight of the total fibre content consists of fibres obtained by a mechanical or chemi-mechanical process, classified under NCM 4810.29.90, are circumventing the AD duty order on certain coated paper classified under NCM 4810.13.89, 4810.13.90, 4810.19.89 and 4810.19.90 from mainland China.
Canada Renews AD/CV Duty Orders on Copper Pipe Fittings
The Canadian International Trade Tribunal has issued a final affirmative injury determination in its expiry review of the AD and CV duty orders on mainland Chinese solder joint pressure pipe fittings and solder joint drainage, waste and vent pipe fittings made of cast copper alloy, wrought copper alloy or wrought copper, for use in heating, plumbing, air conditioning and refrigeration applications, classified under HTSCA 7412.10.0011, 7412.10.0019, 7412.10.0090, 7412.20.0011, 7412.20.0012, 7412.20.0019 and 7412.20.0090. As a result, these orders will be renewed for an additional five years. In addition to the product exclusions already in effect, the CITT has determined to exclude from the scope of these orders copper-iron high-pressure alloy fittings manufactured with UNS C19400 grade copper alloy and with safe working pressure up to 1,740 psi.
CBSA Favours Renewal of AD/CV Duty Orders on OCTG Pup Joints
The Canada Border Services Agency has determined that the expiry of the AD and CV duty orders of certain oil country tubular goods pup joints from mainland China is likely to result in the continuation or resumption of dumping and subsidising of such goods. The CITT will determine by 7 April whether the continued or resumed dumping and subsidising is likely to result in injury or retardation. The review covers mainland Chinese OCTG pup joints made of carbon or alloy steel, welded or seamless, heat-treated or not heat?treated, regardless of end finish, having an outside diameter from 2.375 inches to 4.5 inches (60.3 to 114.3 mm), in all grades, in lengths from two to 12 feet (61 to 366 cm), excluding casing pup joints, classified under HTSCA 7304.29.0051, 7304.29.0059, 7304.29.0061, 7304.29.0069, 7304.29.0071 and 7304.29.0079.
CBSA Extends Deadline for Preliminary Determination in AD/CV Probes of Fabricated Industrial Steel Components
The CBSA has extended from 12 December 2016 to 25 January 2017 its deadline for a preliminary determination in the AD and CV duty probes of certain mainland Chinese fabricated industrial steel components. The proceedings cover fabricated structural steel and plate-work components of buildings, process equipment, process enclosures, access structures, process structures, and structures for conveyancing and material handling, including steel beams, columns, braces, frames, railings, stairs, trusses, conveyor belt frame structures and galleries, bents, bins, chutes, hoppers, ductwork, process tanks, pipe racks and apron feeders, whether assembled or partially assembled into modules, or unassembled, for use in structures for (i) oil and gas extraction, conveyance and processing; (ii) mining extraction, conveyance, storage and processing; (iii) industrial power generation facilities; (iv) petrochemical plants; (v) cement plants; (vi) fertilizer plants; and (vii) industrial metal smelters. Excluded from the proceedings are electrical transmission towers; rolled steel products not further worked; steel beams not further worked; oil pump jacks; solar, wind and tidal power generation structures; power generation facilities with a rated capacity below 100 megawatts; goods classified as “prefabricated buildings” under HTSCA 9406.00.90.30; structural steel for use in manufacturing facilities used in applications other than those described above; and products covered by the orders on certain fasteners, structural tubing, carbon steel plate and steel grating.
Subject merchandise is classified under HTSCA 7216.99.0010, 7216.99.0099, 7308.40.0090, 7308.90.0092, 8428.31.0000, 8428.39.0031, 8428.39.0090, 7216.99.0020, 7301.20.0010, 7308.90.0060, 7308.90.0099, 8428.32.0090, 8428.39.0034, 7216.99.0030, 7301.20.0020, 7308.90.0081, 7326.90.9099, 8428.33.0090, 8428.39.0039, 7216.99.0091, 7308.40.0010, 7308.90.0089, 8421.99.9090, 8428.39.0020 and 8428.39.0080.
Peru Begins Sunset Review of AD Duty Order on Footwear
Peru’s National Institute for the Defence of Competition and Intellectual Property (INDECOPI) recently initiated a sunset review of the AD duty order on all types of mainland Chinese footwear (other than sandals and flip flops) with uppers of any material (except textile materials) classified under HTSPE 6402.19.0000, 6402.20.0000, 6402.91.0000, 6402.99.0000, 6403.91.0000, 6403.99.0000, 6405.10.0000 and 6405.90.0000. Interested parties may submit input to INDECOPI by 27 May 2017.
Brazil Announces Scheduled Expiration of AD Duty Order on Steel Cutlery
MDIC has announced that the AD duty order on certain mainland Chinese stainless steel cutlery classified under NCM 8211.10.00, 8211.91.00, 8215.20.00 and 8215.99.10 is scheduled to expire on 6 December 2017. Parties seeking a sunset review of this order must submit a request to that effect at least four months prior to the scheduled date of expiration of the order.
Mexico Announces Scheduled Expiration of Three AD Duty Orders
Mexican authorities recently announced the scheduled expiration of the AD duty orders on the following products from mainland China.
- Graphite electrodes for electric furnaces classified under HTSMX 8545.11.01 – 3 March 2017 (any sunset review requests must be filed by 24 January 2017)
- Galvanised hexagonal steel wire mesh classified under HTSMX 7314.19.03, 7314.19.99, 7314.31.01, 7314.41.01 and 7314.49.99 – 26 July 2017 (any sunset review requests must be filed by 19 June 2017)
- Radio guide coaxial cable classified under HTSMX 8544.20.01, 8544.20.02 and 8544.20.99 – 12 August 2017 (any sunset review requests must be filed by 6 July 2017)