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

Canada Makes Preliminary Affirmative AD/CV Determinations on Fabricated Steel Components
The Canada Border Services Agency on 25 January made preliminary affirmative determinations in its AD and CV investigations of certain mainland Chinese fabricated industrial steel components. The CBSA has assigned the following provisional dumping margins and subsidy rates, effective 25 January.

Exporter Estimated Margin
of Dumping
Estimated Amount
of Subsidy
Total Provisional
Duty Payable
Baosteel Construction Co. Ltd. 31.7% 4.3% 36.0%
Modern Heavy Industries (Taicang) Co. Ltd. 25.7% 0.9% 26.6%
Shanghai Shuangyan Chemical Equipment Manufacturing Co. Ltd. 42.8% 0.7% 43.5%
United Steel Structures Ltd. 20.0% 5.4% 25.4%
Shanghai Yanda Engineering Co. Ltd. 42.8% 0.1% 42.9%
Yanda (Haimen) Heavy Equipment Manufacturing Co. Ltd. 0.0% 0.2% 0.2%
China-wide 42.8% 11.7% 54.5%


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.

The Canada International Trade Tribunal has initiated the final phase of its injury investigation to determine whether the dumping and subsidising of the above-mentioned merchandise has caused injury or retardation or is threatening to cause injury to the domestic industry. A public hearing in this investigation will be held on 1 May and a final determination is expected by 25 May. Interested parties may also file product exclusion requests with the CITT by 23 March.

Brazil Amends Terms of Price Agreement for Imported Ceramic Tableware
Brazil recently amended the terms of the price agreement for imports of ceramic tableware classified under NCM 6911.10.10, 6911.10.90, 6911.90.00 and 6912.00.00 that are made in mainland China by companies belonging to the China Ceramics Industrial Association and are exported to Brazil either directly or through a trading company. Specifically, the minimum CIF price under this price agreement has been set at US$4.01 per kilogramme for calendar year 2017, subject to a limit of 28,940,625 kilograms. The new CIF price will be effective on 15 February, with goods shipped prior to that date subject to the previous US$3.77/kg CIF price.

Brazil Issues Results of Anti-Circumvention Probe of Nylon Yarn
Brazilian authorities recently issued a final determination in an anti-circumvention probe of the AD duty order on mainland Chinese nylon filament yarn classified under NCM 5402.31.11, 5402.31.19 and 5402.45.20. Specifically, MDIC has determined that (1) import licences should be issued to imports of yarn classified under NCM 5402.45.20 claiming to be produced in Vietnam by Hyosung Dong Nai Co. Ltd.; and (2) import licences should not be issued to imports of textured nylon yarn classified under NCM 5402.31.11 and 5402.31.19 or mixed nylon yarn classified under NCM 5402.31.11, 5402.31.19 and 5402.45.20 claiming to be produced in Vietnam by Hyosung Dong Nai Co. Ltd.

Brazil Issues Results of Anti-Circumvention Probe of Ceramic Tableware
Brazilian authorities recently issued a final determination in an additional anti-circumvention probe of the AD duty order on mainland Chinese ceramic tableware classified under NCM 6911.10.10, 6911.10.90, 6911.90.00 and 6912.00.00. Specifically, MDIC has determined that import licences should not be issued to imports of subject tableware claiming to be produced in Malaysia by Taeyang World Sdn. Bhd.

Brazil Extends Deadline to Conclude AD Sunset Review on Knitted Fabric of Viscose Fibres
Brazilian authorities recently extended for a period of up to two months, from 7 February to 7 April, the deadline to issue the final results of the on-going sunset review of the AD duty order on mainland Chinese knitted fabric of viscose fibres, whether or not incorporating elastane, classified under NCM 6004.10.41, 6004.10.42, 6004.10.43, 6004.10.44, 6004.90.40, 6006.41.00, 6006.42.00, 6006.43.00 and 6006.44.00. Imports of subject merchandise have been subject to an AD duty of US$4.10/kg since April 2011.

Brazil Extends Deadline for Final Results of Anti-Circumvention Probe of Certain Steel Flat-Rolled Products
Brazilian authorities have extended for a period of up to three months, from 10 February to 10 May, the deadline to make a final determination in the on-going anti-circumvention review of certain mainland Chinese iron or non-alloy steel flat-rolled products made using conventional lamination or controlled heat treatment classified under NCM 7208.51.00 and 7208.52.00. This review is seeking to determine whether imports of certain steel flat-rolled products containing a minimum of 0.05 percent of titanium classified under NCM 7225.40.90 from mainland China are circumventing the AD duty order on subject merchandise.

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