9 April 2019
Miscellaneous Canadian and Latin American AD/CV and Safeguard Actions on Mainland Chinese Products
Remedy Recommendations Issued in Canada’s Safeguard Probe on Certain Steel Products. The Canadian International Trade Tribunal has issued the following determinations and recommendations in its safeguard probe of certain steel products from all sources.
- Heavy plate and stainless steel wire from the subject countries (other than goods originating in South Korea, Panama, Peru, Colombia and Honduras) are being imported in such increased quantities and under such conditions as to be a principal cause of a threat of serious injury to the domestic industry. The CITT therefore recommends a remedy in the form of separate tariff-rate quotas on imports of heavy plate and stainless steel wire from subject countries, other than goods originating in South Korea, Panama, Peru, Colombia, Honduras or countries whose goods are eligible for General Preferential Tariff treatment.
- While there has been a significant increase in the importation of concrete reinforcing bar and energy tubular products from the subject countries, this increase as well as the conditions under which the subject rebar and energy tubular products are being imported have not caused serious injury, and are not threatening to cause serious injury, to the domestic industry. The CITT therefore does not recommend a remedy in respect of rebar or energy tubular products.
- Hot-rolled sheet, pre-painted steel and wire rod are not being imported in such increased quantities as to cause or threaten to cause serious injury to the domestic industry. Given that a safeguard measure can only be applied if a product is being imported in such increased quantities, the CITT does not recommend a remedy in respect of hot-rolled sheet, pre-painted steel or wire rod.
If the Canadian government heeds these recommendations, the provisional 25 percent safeguard tariffs currently in place on rebar, energy tubular products, hot-rolled sheet, pre-painted steel and wire rod will be either rescinded immediately or allowed to expire as scheduled on 27 April, while definitive safeguard measures in the form of separate TRQs will be imposed on heavy plate and stainless steel wire. However, the Canadian government can ultimately adopt a different remedy – covering all or only some of the aforementioned products – or no remedy at all.
Mexico Begins AD Investigation on Flat-Rolled Stainless Steel Products. Mexico’s Ministry of Economy has initiated an antidumping duty investigation of certain flat-rolled stainless steel products classified under HTSMX 7219.34.01, 7219.35.01 and 7220.20.02 from mainland China. These products may also be entered under special tariff lines 9802.00.01, 9802.00.02, 9802.00.03, 9802.00.07, 9802.00.10, 9802.00.13 and 9802.00.19. Certain importers, exporters and the mainland Chinese government will have 23 working days counted five days from the date the applicable notice of investigation is sent to them to submit the official form for this investigation and any arguments thereof. All other interested parties may submit the official form for this investigation no later than 23 working days from 10 April.
Argentina Renews AD Duty Order on Sunglasses and Optical Frames. Argentina has renewed its AD duty order on sunglasses and optical frames with or without corrective lenses classified under NCM 9003.11.00, 9003.19.10, 9003.19.90, 9004.90.10 and 9004.90.90 from mainland China. Accordingly, imports of subject merchandise will face the following amended AD measures for the next five years.
|Product||If FOB Lower than or Equal to||Specific AD Duty||If FOB Higher than||Ad Valorem AD Duty|
|Corrective glasses, of plastic||US$4.61||US$7.10||US$4.61||154%|
|Corrective glasses, of metal||US$5.80||US$8.93||US$5.80||154%|
|Other corrective glasses||US$5.21||US$8.02||US$5.21||154%|
Brazil Initiates Public Interest Queries of AD Duty Order on Magnesium Metal, Possible AD Measures on Cast Iron Pipe. Brazil has initiated separate proceedings to determine (1) whether the AD duty order on magnesium metal classified under NCM 8104.11.00 from mainland China should be revoked or modified for public interest reasons, and (2) the impact on the public interest of the potential application of AD measures in the on-going investigation of certain mainland Chinese cast iron pipe classified under NCM 7303.00.00.
Canada Begins Re-Investigation of AD/CV Measures on Steel Fasteners. The Canada Border Services Agency has initiated a re-investigation of the normal values, export prices and amounts of subsidy of certain mainland Chinese carbon steel fasteners classified under HTSCA 7318.11.0000, 7318.12.0000, 7318.14.0000, 7318.15.0010, 7318.15.0042, 7318.15.0045 and 7318.15.0049.
Normal values and amounts of subsidy established during this re-investigation will be effective for the subject goods released from the CBSA on or after the date of the conclusion of the proceeding. Normal values and amounts of subsidy currently in place will expire on that date. In addition, the normal values and amounts of subsidy determined on the basis of the re-investigation will be applied to any entries of subject goods under appeal that have yet to be re-determined at the time of the conclusion of this re-investigation.
Exporters that wish to participate in this re-investigation are required to provide a complete and accurate response to the CBSA’s request for information by 13 May. An exporter will be considered co-operative if the requested information is submitted on time and the exporter permits verification of the data. Where an exporter of subject goods does not provide sufficient information to determine specific normal values or does not permit verification of information submitted, AD duties will be assessed at the rate of 170 percent of the export price of the subject goods imported into Canada, in accordance with a ministerial specification. Similarly, in cases where the mainland Chinese government or exporters in the mainland fail to provide complete and accurate submissions enabling the determination of specific amounts of subsidy, CV duties will be assessed at the rate of 1.25 Chinese Renminbi per kilogramme.
Exporters that are not the manufacturer of the subject goods will receive normal values and specific amounts of subsidy only to the extent that their suppliers/manufacturers provide sufficient information to the CBSA to permit the determination of normal values, export prices and amounts of subsidy.
Brazil Extends Deadline to Conclude AD Sunset Review on Padlocks. Brazilian authorities recently extended for a period of up to two months from 13 September the deadline to issue final results in the on-going AD sunset review on mainland Chinese padlocks classified under NCM 8301.10.00. The next steps in this proceeding are as follows: closure of evidential phase of investigation (12 July), deadline for data and information contained in the file (1 August), issuance of technical note with essential facts under analysis to be considered in the final determination (30 August), deadline for presentation of final submissions by interested parties and end of instruction phase (19 September) and issuance by DECOM of final determination (9 October).
Brazil Updates Schedule of AD Sunset Review on Auto Tyres. Brazil recently issued the following updated schedule for its on-going AD sunset review on mainland Chinese auto tyres classified under NCM 4011.10.00: closure of evidential phase of investigation (3 May), deadline for data and information contained in the file (23 May), issuance of technical note with essential facts under analysis to be considered in the final determination (10 June), deadline for presentation of final submissions by interested parties and end of instruction phase (1 July) and issuance by DECOM of final determination (16 July).