CBSA Announces Conclusion of Re-investigation on Certain Carbon Steel Fasteners from China and Taiwan

     The Canada Border Services Agency (CBSA) has concluded a re-investigation to update the normal values and export prices respecting certain carbon steel fasteners originating in or exported from the People’s Republic of China (China) and Taiwan, and the amounts of subsidy respecting certain carbon steel fasteners originating in or exported from China (subject goods).

     This re-investigation was initiated on April 3, 2019, as part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s order made on January 5, 2015 in Expiry Review No. RR-2014-001, continuing, with amendments, its order made on January 6, 2010 in Expiry Review No. RR-2009-001 continuing, with amendments, its findings made on January 7, 2005 in Inquiry No. NQ-2004-005.

     The product definition as well as additional product information and the applicable tariff classification numbers of the goods subject to the CITT’s order are contained in Appendix 1. (Link: https://cbsa-asfc.gc.ca/menu-eng.html->Import and Export->Anti-Dumping and Countervailing (SIMA)

     At the initiation of the re-investigation, the CBSA sent Requests for Information (RFI) to importers, exporters, vendors, and the Government of China to solicit information on the costs and selling prices of subject and like goods as well as any subsidy programs that may be applicable to subject goods.

     The information was requested for purposes of updating the normal values, export prices and amounts of subsidy for subject goods imported into Canada.

     Specific normal values, export prices and amounts of subsidy for future shipments of certain carbon steel fasteners have been determined for all exporters that submitted a complete response to the Dumping RFI, Subsidy RFI, to the Supplemental RFIs and for whom the desk and/or on-site verification was considered reliable.

The exporters that have received specific normal values effective November 14, 2019 are:

Haiyan Tianqi Fastener Co., Ltd. (China)

Ningbo Jinding Fastening Piece Co., Ltd. (China)

Robertson Inc. (Jiaxing) (China)

Suzhou Hongly Hardware Co., Ltd. / Suzhou Litto Fastener Co., Ltd. (China)

Zhejiang Yichen Hardware Corp. (China)

Chaen Wei Corporation (Taiwan)

Concord International Engineering & Trading Co (Taiwan)

CPC Fasteners International Co., Ltd. (Taiwan)

Honor Best Co., Ltd. (Taiwan)

JC Grand Corporation (Taiwan)

Katsuhana Fasteners Corp. (Taiwan)

Kwantex Research Inc. (Taiwan)

Masterpiece Hardware Industrial Co., Ltd. (Taiwan)

Newfast Co., Ltd. (Taiwan)

Sheh Fung Screws Co., Ltd. (Taiwan)

Taifas Corporation (Taiwan)

Taiwan Shan Yin International Co., Ltd.  (Taiwan)

Your Choice Fasteners & Tools Co., Ltd.  (Taiwan)

Zyh Yin Entreprise Co., Ltd. (Taiwan)

Altenloh, Brinck & Co. U.S. (USA)

Dynamic Fastener Service, Inc. (USA)

Hilti Inc. (USA)

OMG, Inc. (USA)

Starborn Industries Incorporated (USA)

     For all other exporters of subject goods from China and Taiwan, normal values will be determined by ministerial specification. The normal values for future shipments determined by ministerial specification are calculated by advancing the export price of the goods by 170%, pursuant to section 29 of SIMA.

Amount of subsidy for co-operative exporters effective November 14, 2019:

Haiyan Tianqi Fastener Co., Ltd.     0.30 RMB/KG

Ningbo Jinding Fastening Piece Co., Ltd. 0.08 RMB/KG

Robertson Inc. (Jiaxing)  0.01 RMB/KG

Suzhou Hongly Hardware Co., Ltd. / Suzhou Litto Fastener Co., Ltd.     0.02 RMB/KG

Zhejiang Yichen Hardware Corp.    0.10 RMB/KG

     For all other exporters of subject goods from China, the amount of subsidy will be determined in accordance with a ministerial specification, and is equal to 1.25 Chinese Renminbi per kilogram.

     Normal values and amounts of subsidy will be effective for the subject goods released from the CBSA on or after November 14, 2019. All normal values and amounts of subsidy previously in place expire on this 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.

     During the course of the re-investigation, case arguments and reply submissions were received on behalf of counsel for the Canadian producer, exporters and foreign manufacturers. The main focus of these submissions involved completeness and reliability of responses to RFIs and the selection of methodologies for purposes of determining normal values. The information submitted in these documents was given due consideration by the CBSA.

     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. All parties are cautioned that where there are increases in domestic prices, and/or costs as noted above, the export price for sales to Canada 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 did not properly notify the CBSA of any such changes, did not adjust export prices accordingly, or did not provide the information required to make any necessary adjustments to normal values and export prices, retroactive assessments of anti-dumping or countervailing duties may be warranted.

     Importers are reminded that it is their responsibility to calculate and declare their anti-dumping and countervailing 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 anti-dumping and countervailing measures and be provided with sufficient information necessary to clear the shipments. To determine their liability for anti-dumping and countervailing duty, importers should contact the exporters to obtain the applicable normal values and amounts of subsidy. 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 to Importers, on the CBSA’s website at: www.cbsa-asfc.gc.ca/publications/dm-md/d14-eng.html.

     The Customs Act applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti-dumping and countervailing 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 with the Director General, Trade and Anti-dumping Programs Directorate, 11th Floor, 100 Metcalfe St., Ottawa, Ontario, K1A 0L8. Such a request must be received within 90 days from the making of the determination in the form and manner outlined in Memorandum D14-1-3, Procedures for Making a Request for a Re-determination or an Appeal of Goods Under the Special Import Measures Act, on the CBSA’s website at: www.cbsa-asfc.gc.ca/publications/dm-md/d14-eng.html.

Any questions concerning the above should be directed to:

SIMA Registry and Disclosure Unit

Trade and Anti-dumping Programs Directorate

Canada Border Services Agency

100 Metcalfe Street, 11th floor

Ottawa, ON K1A 0L8

Officers' names and contact information:

Manshun Tong: 613-954-1666

JinHyuck Lee: 613-954-7180

E-mail: simaregistry-depotlmsi@cbsa-asfc.gc.ca