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

Canada Initiates AD/CV Investigations on Fabricated Industrial Steel Components
The Canada Border Services Agency has initiated separate antidumping and countervailing duty investigations of certain mainland Chinese fabricated industrial steel components and is expected to issue its preliminary determination by 12 December. 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.

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 11 October. 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 10 November.

Argentina Renews AD Duty Order on Denim Fabric
Argentina has renewed for an additional five years its AD duty order on cotton woven denim fabric classified under NCM 5208.43.00, 5210.49.10, 5209.42.10, 5209.42.90, 5211.42.10 and 5211.42.90 from mainland China. Subject merchandise will be subject to a minimum FOB export price of US$3.93 per lineal metre, up from US$3.31 per lineal metre previously. While imports of lower-valued items are allowed, importers are required to guarantee payment of the difference in each of those circumstances.

Argentina Begins Sunset Review of AD Duty Order on Saw Blades
Argentina has initiated a sunset review of the AD duty order on certain mainland Chinese manual straight saw blades of high-speed steel, classified under NCM 8202.91.00 and 8202.99.90. Imports of subject merchandise have been subject to an AD duty of US$0.46 per unit since September 2011.

Brazil Begins Sunset Review on Certain Steel Line Pipe
Brazil has initiated a sunset review of the AD duty order on mainland Chinese seamless carbon steel line pipe of a kind used for oil or gas pipelines, having an outside diameter not exceeding five inches (141.3 millimetres), classified under NCM 7304.19.00. Imports of subject merchandise have been subject to an AD duty of US$743.00 per tonne since September 2011.

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 be issued to imports of subject tableware claiming to be produced in Bangladesh by Monno Ceramic Industries Ltd. or Monno Bone China Ltd.

Colombia Begins Sunset Review on PVC Film
Colombia has launched a sunset review of the AD duty order on flexible and rigid PVC film classified under HTSCO 3920.43.0000 and 3920.49.0000 from mainland China. Imports of subject merchandise have been subject to a minimum FOB price of US$3.21/kg or US$3.29/kg since November 2013.


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