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

Canada Initiates AD/CV Investigations on PET Resin
The Canada Border Services Agency has initiated separate AD and CV duty investigations of mainland Chinese polyethylene terephthalate resin having an intrinsic viscosity of at least 0.70 decilitres per gramme but not more than 0.88 decilitres per gramme, including PET resin that contains various additives introduced in the manufacturing process, as well as blends of virgin PET resin and recycled PET containing 50 percent or more virgin PET resin content by weight, classified under HTSCA 3907.61.0000, 3907.69.0010 and 3907.69.0090.

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 19 September. 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 17 October.

Canada Considers Sunset Review of AD Duty Order on Hot-Rolled Steel Plate
The CITT is seeking comments from interested parties by 8 September on whether it should initiate an expiry review of the AD duty order on mainland Chinese hot-rolled carbon steel plate and high‑strength low-alloy plate not further manufactured than hot-rolled, heat-treated or not, in cut lengths, in widths from 24 inches (+/‑ 610 mm) to 152 inches (+/- 3,860 mm) inclusive, and thicknesses from 0.187 inches (+/‑ 4.75 mm) to 4.0 inches (+/- 101.6 mm) inclusive, but excluding plate for use in the manufacture of pipe and tube (also known as skelp), plate in coil form, plate having a rolled, raised figure at regular intervals on the surface (also known as floor plate), and plate produced to American Society for Testing and Materials specifications A515 and A516M/A516, grade 70 (also known as pressure vessel quality plate) in thicknesses greater than 3.125 inches (+/- 79.3 mm).

Imports of subject merchandise are classified under HTSCA 7208.51.0010, 7208.51.0091, 7208.51.0092, 7208.51.0093, 7208.51.0094, 7208.51.0095, 7208.52.0010, 7208.52.0091, 7208.52.0092, 7208.52.0093 and 7208.52.0096.

The CITT will only initiate a review if it determines that there is sufficient information for such a review to be performed. If a review is not initiated, the orders will be allowed to expire as scheduled on 7 January 2018. Submissions may address such issues as the likelihood of continued or resumed dumping of the goods, the likely volume and price ranges of dumped imports if dumping were to continue or resume, the domestic industry’s recent performance, including trends in production, sales, market share, domestic prices, costs and profits, and the likelihood of injury to the domestic industry if the order were allowed to expire. The CITT will issue a decision on 3 October on whether an expiry review is warranted.

Argentina Renews AD Duty Order on Disposable Syringes
Argentina has renewed the AD duty order on disposable and sterile hypodermic plastic syringes, with or without needles, of a volume ranging from one cubic centimetre to 60 cc, classified under NCM 9018.31.11 and 9018.31.19, from mainland China. An AD duty of 59 percent has been established for a period of five years.

Argentina Moves to Final Phase of AD Probe of Dishwashers
Argentina has moved to the final phase of the AD duty investigation of dishwashers for household use classified under NCM 8422.11.00 from mainland China. No provisional AD measures have been imposed of subject merchandise, however.

Peru Rescinds AD Duty Order on Poplin Fabrics
Peru has rescinded effective from 24 August the AD duty order on certain mainland Chinese polyester/cotton poplin fabrics classified under HTSPE 5407.81.0000, 5407.82.0000, 5512.11.0000, 5512.19.0000, 5513.11.0000, 5513.21.0000, 5514.11.0000 and 5514.21.0000. Imports of subject merchandise had been subject to a specific AD duty of US$1.29 per kilogramme.

Peru Adopts Provisional AD Measures on Slide Fasteners
Peru has established provisional AD measures for a period of four months on slide fasteners and parts thereof classified under HTSPE 9607.11.0000, 9607.19.0000 and 9607.20.0000 from mainland China. Subject merchandise below a certain price will face AD duties ranging from US$3.00 to US$5.76 per kilogramme, as shown below.

Product Company AD Duty (US$/kg) Price Threshold (US$/kg)
Metal fasteners Ningbo MH Industry Co. Ltd. 5.76 22.7
All other
Other fasteners Ningbo MH Industry Co. Ltd. 3.49 22.8
All other
Parts of fasteners Ningbo MH Industry Co. Ltd. 3.00 11.8
Zhejiang Sunhe Zipper Co. Ltd. 4.00
All other 4.00
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