CBSA Assessing SIMA Duties on Certain Fabricated Industrial Steel Components

Anti-dumping duty and countervailing duty are now being assessed on certain Fabricated Industrial Steel Components (FISC).  On Thursday May 25, 2017 the Canadian International Trade Tribunal (CITT) issued a finding of injury respecting FISC originating in, or exported from China, Korea, and Spain.
This finding follows a Notice of Final Determination of Dumping and/or subsidizing of certain FISC issued by Canada Border Services Agency (CBSA) on April 25, 2017.

Certain exporters listed in the CBSA Final determination have been provided with normal values.

The subject goods are described fabricated structural steel and plate-work components of buildings, process equipment, process enclosures, access structures, process structures, and structures for conveyancing and material handling, including steel beams, columns, braces, frames, railings, stairs, trusses, conveyor belt frame structures and galleries, bents, bins, chutes, hoppers, ductwork, process tanks, pipe racks and apron feeders, whether assembled or partially assembled into modules, or unassembled, for use in structures for:

1. Oil and gas extraction, conveyance and processing;
2. Mining extraction, conveyance, storage, and processing;
3. Industrial power generation facilities;
4. Petrochemical plants;
5. Cement plants;
6. Fertilizer plants; and
7. Industrial metal smelters;

Goods excluded from the determination are electrical transmission towers; rolled steel products not further worked; steel beams not further worked; oil pump jacks; solar, wind and tidal power generation structures; power generation facilities with a rated capacity below 100 megawatts; goods classified as “prefabricated buildings” under HS Code 9406.00.90.30; structural steel for use in manufacturing facilities used in applications other than those described above; and products covered by previous Measures in Force including Certain Fasteners, Structural Tubing, Carbon Steel Plate III and VII, and Certain Steel Grating.

The CITT also excluded from its finding, goods imported in 2017 by Andritz Hydro Canada Inc. from Sinohydro for the Muskrat Falls hydro project in Newfoundland and Labrador.

The FISC in question are usually classified under Harmonized System classification numbers: 7216.99.00.10, 7216.99.00.20, 7216.99.00.30, 7216.99.00.91, 7216.99.00.99, 7301.20.00.10, 7301.20.00.20, 7308.40.00.00, 7308.90.00.60, 7308.90.00.96, 7308.90.00.99, 7326.90.90.90, 8421.99.00.90, 8428.31.00.00, 8428.32.00.00, 8428.33.00.00, 8428.39.00.30, 8428.39.00.41, 8428.39.00.49, 8428.39.00.80 and 8428.39.00.90.

Note that these HS codes are provided for convenience of reference only.  Refer to the product definition for authoritative details regarding the subject goods.

Additional information including the list of exporters provided with normal values can be found in the Notice of Final Determination on CBSA’s website.

The Finding of Injury issued on May 25, is found on the CITT website.

Please contact your Livingston account representative should you have any questions.