On December 2, 2013, the Canada Border Services Agency (CBSA) has initiated a re-investigation pursuant to the Special Import Measures Act (SIMA) to update the normal values, export prices and the amounts of subsidy of certain stainless steel sinks originating in or exported from the People’s Republic of China (China).

The re-investigation is part of the ongoing enforcement of the Canadian International Trade Tribunal’s findings of material injury made on May 24, 2012 in Inquiry No. NQ-2011-02.

The subject goods are described in Appendix 1 and are normally classified under the listed ten-digit Harmonized System classification numbers. Additional product information explaining which products are subject to duties and which products are not subject to duties is also provided in the appendix.

It is anticipated that this re-investigation will be concluded on or before April 1, 2014. A re-investigation schedule is available at: www.cbsa-asfc.gc.ca/sima-lmsi/ri-re/menu-eng.html.

The 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 re-investigation. Normal values and amounts of subsidy currently in place will expire on that date. In addition, the normal values and amounts of subsidy determined as a result of the re-investigation will be applied to any entries of subject goods under appeal that have yet to be processed 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 Request for Information (RFI) by January 13, 2014. An exporter will be considered cooperative if the requested information is submitted on time and the exporter permits verification of the data.

Where an exporter of subject goods either does not provide sufficient information to determine specific normal values or does not permit verification of information submitted, anti-dumping duties will be assessed at a rate of 103.1% of the export price of the subject goods imported into Canada, in accordance with a ministerial specification pursuant to section 29 of the SIMA.

Similarly, in cases where sufficient information is not provided to determine specific amounts of subsidy or verification is not permitted, countervailing duties will be assessed under a ministerial specification at a rate of 264.94 Chinese Renminbi per unit.

Exporters who are not the manufacturer of the subject goods (e.g. trading companies, vendors, etc.) will receive normal values only to the extent that their suppliers/manufacturers provide sufficient information to permit the determination of normal values and export prices. If any of the exporter’s suppliers/manufacturers do not provide sufficient information, normal values for that exporter will be determined by advancing the export price of the goods by 103.1%, pursuant to a ministerial specification. Ultimately, the CBSA requires that all manufacturer(s) of the subject goods provide a response to the Exporter RFI.

Please note that, for the current re-investigation, the CBSA is contacting parties responsible for substantially all shipments of subject goods released into Canada during the 12 month period of November 1, 2012 to October 31, 2013.

For these reasons, any importers or exporters who have not received a letter from the CBSA with the accompanying RFIs, and who wish to provide a response to the RFI are advised to contact one of the officers identified below. Similarly, it is suggested that importers contact their exporter(s) to determine if the exporter(s) have received the Exporter RFI and whether they intend to cooperate with the CBSA in this re-investigation.

The importers are to provide a response to the RFI by December 23, 2013. Importers are cautioned that new normal values or amounts of subsidy, when issued, may be higher than those currently in place and that this could result in additional assessments of anti-dumping duty or countervailing duty. Importers are also cautioned that unless an exporter cooperates in this re-investigation and receives specific normal values at its conclusion, subsequent imports of subject goods from that exporter will be determined by advancing the export price of the goods by 103.1%, in accordance with a ministerial specification pursuant to the SIMA. Furthermore, in the case of subject goods originating in or exported from China, where an exporter does not cooperate in this re-investigation, at its conclusion, the amounts of subsidy will also be determined by means of a ministerial specification and a countervailing duty equal to 264.94 Chinese Renminbi per unit will be applied on the importation of those goods.

In addition, in cases where changes occur in domestic prices, market conditions or costs associated with production and sales of the subject goods, the concerned parties are responsible for informing the CBSA of such changes in writing and in a timely manner. If the concerned parties do not properly notify the CBSA of substantial changes, or if they do not provide the information required to make any necessary adjustments to values, retroactive assessments of anti-dumping or countervailing duty may be warranted.

Source: http://www.cbsa-asfc.gc.ca