Conclusion of normal value review, Carbon steel fasteners
The Canada Border Services Agency (CBSA) has today concluded a normal value review (review) to determine normal values and export prices applicable to certain carbon steel fasteners (fasteners) originating in or exported from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei) by Honor Best Co., Ltd. (Honor Best).
The review follows a request for re‑determination filed by an importer and is part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s (CITT) order issued on September 2, 2020 in Expiry Review No. RR‑2019‑002, respecting the dumping of fasteners originating in or exported from the People’s Republic of China (China) and Chinese Taipei, and the subsidizing of such goods, originating in or exported from China, excluding fasteners specifically designed for application in the automotive or aerospace industry, in accordance with the Special Import Measures Act (SIMA).
The product definition and the applicable tariff classification numbers of the goods subject to the CITT’s order are contained in Appendix 1 (subject goods).
Period of investigation
For this review, the Period of Investigation (POI) was from October 1, 2020 to September 30, 2021 and the Profitability Analysis Period (PAP) was October 1, 2020 to September 30, 2021.
Normal value review process
At the initiation of this review, on November 4, 2021, the CBSA sent Requests for Information (RFIs) to Honor Best and an importer in order to solicit information for purposes of re‑determining normal values and export prices applicable to the goods subject to the request for re‑determination filed by an importer.
The responses to the CBSA’s RFIs and Supplemental RFIs were received accordingly from Honor Best and an importer.
The CBSA did not receive any case briefs or reply submissions from interested parties with respect to this review. All the information submitted on the record was used for the conclusion of this review.
Normal values for future shipments
Honor Best is a manufacturer and exporter of subject goods located in Kaohsiung, Chinese Taipei. Honor Best was established in 1986 and is a private company. The goods subject to the request for re‑determination were produced by Honor Best.
Honor Best did not have any domestic sales of like goods during the PAP to determine the normal values in accordance with section 15 of SIMA.
Honor Best provided sufficient cost of production and administrative, selling and all other costs to determine normal values pursuant to paragraph 19(b) of SIMA. However, the CBSA was unable to determine an amount for profits under paragraph 11(1)(b) of the Special Import Measures Regulations.
As such, with regard to those goods which are subject to the request for re‑determination and for which sufficient information has been provided to the CBSA during this review, specific normal values were determined pursuant to section 29 of SIMA using a method similar to that of paragraph 19(b), based on the aggregate of cost of production of the goods, a reasonable amount for administrative, selling and all other costs, and a reasonable amount for profits determined by ministerial specification. These specific normal values for future shipments are effective today, June 9, 2022.
For the subject goods exported by Honor Best to Canada, export prices are determined in accordance with section 24 of SIMA.
The normal values and export prices determined as a result of this review may be applied to any requests for re‑determination of importations of subject goods that have not been processed prior to the conclusion of this review, regardless of the date that the requests were received. The normal values and export prices determined as a result of this review may be applied retroactively where the conditions described below are met.
Exporter responsibility
Please note that exporters with normal values are required to promptly inform the CBSA in writing of changes to domestic prices, costs, market conditions or terms of sale associated with the production and sales of the goods. If there are changes to the exporter’s domestic prices, costs, market conditions or terms of sale associated with the production and sales of the goods, and where the CBSA considers such changes to be significant, the normal values and export prices will be updated to reflect current conditions. All parties are cautioned that where there are increases in domestic prices, and/or costs as noted above, the export price should be increased accordingly to ensure that any sale made to Canada is not only above the normal value but at or above selling prices and full costs and profit of the goods in the exporter’s domestic market. If exporters do not properly notify the CBSA of any such changes, do not adjust export prices accordingly, or do not provide the information required to make any necessary adjustments to normal values and export prices, retroactive assessments will be applied where such action is warranted.
Importer responsibility
Importers are reminded that it is their responsibility to calculate and declare their anti‑dumping duty liability. If importers are using the services of a customs broker to clear importations, the brokerage firm should be advised that the goods are subject to SIMA measures and be provided with sufficient information necessary to clear the shipments. To determine their anti‑dumping liability, importers should contact the exporter(s) to obtain the applicable normal values. For further information on this matter, refer to Memorandum D14‑1‑2, Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established under the Special Import Measures Act.
The Customs Act (Act) applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti‑dumping duties. As such, failure to pay the duties within the prescribed time will result in the application of the interest provisions of the Act.
Should the importer disagree with the determination made on any importation of goods, a request for re‑determination may be filed. For more information on how to file a request for re‑determination, please refer to the Guide for Appealing a Duty Assessment.
Information
Any questions concerning the above should be directed to:
SIMA Registry and Disclosure Unit
Trade and Anti-dumping Programs Directorate
Canada Border Services Agency
11-100 Metcalfe St
Ottawa ON K1A 0L8
- Telephone: Paul Pomnikow: 343‑553‑1640
- Email: simaregistry-depotlmsi@cbsa-asfc.gc.ca
Source: Canada Border Services Agency (CBSA)
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