On December 4, 2017, the Canada Border Services Agency (CBSA) announced the initiation of a re-investigation to update the normal values and export prices respecting certain concrete reinforcing bar (rebar) in accordance with the Special Import Measures Act (SIMA).
The reinvestigation will include the two measures concerning rebar, commonly referred to as “Rebar 1” and “Rebar 2”.
Rebar 1 is described as hot-rolled deformed steel concrete reinforcing bar in straight lengths or coils, commonly identified as rebar, in various diameters up to and including 56.4 millimeters, in various finishes, excluding plain round bar and fabricated rebar products, originating in or exported from China, Korea and Turkey.
Rebar 2 is described as hot-rolled deformed steel concrete reinforcing bar in straight lengths or coils, commonly identified as rebar, in various diameters up to and including 56.4 millimeters, in various finishes, excluding plain round bar and fabricated rebar products, originating in or exported from the Belarus, Taiwan, Hong Kong, Japan, Portugal and Spain.
Both measures exclude 10-mm-diameter (10M) rebar produced to meet the requirements of CSA G30 18.09 (or equivalent standards) and coated to meet the requirements of epoxy standard ASTM A775/A 775M 04a (or equivalent standards) in lengths from 1 foot (30.48 cm) up to and including 8 feet (243.84 cm).
The subject goods are usually classified under Harmonized System (HS) classification numbers 7213.10.00.00, 7214.20.00.00, 7215.90.00.90, 7227.90.00.90; however these HS codes are listed for convenience of reference only. Refer to the product definition for the authoritative details regarding the subject goods.
The re-investigation is part of the ongoing enforcement of the CITT’s threat of injury finding issued on January 9, 2015 in Rebar 1 and the CITT’s injury finding issued on May 3, 2017, in Rebar 2. It is anticipated that this re-investigation will be concluded by May 4, 2018. A Re-investigation Schedule is available on the CBSA website.
As part of this re-investigation, the CBSA will also be conducting an inquiry pursuant to section 20 of SIMA respecting the long products steel industry sector in China and the rebar sector in Belarus. All interested parties are welcome to provide facts and supporting information to the CBSA if they wish to comment on the application of section 20 of SIMA.
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 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 Dumping Request for Information (RFI) and Subsidy RFI (China) by January 11, 2018. An exporter will be considered co-operative if the requested information is complete, submitted on time and the exporter permits verification of the data.
Please note that, for the current re-investigation, the CBSA is contacting all known and potential exporters. However, 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) has received the Exporter RFI and whether they intend to cooperate with the CBSA in this re-investigation.
Responses to the Importer RFI are due by December 29, 2017. Importers are cautioned that new normal values or amounts of subsidy (China), when issued, may be higher than those currently in effect and that this could result in additional assessments of anti dumping and/or countervailing duty. Importers are also cautioned that unless an exporter (manufacturer) cooperates in this re-investigation and receives specific normal values or amounts of subsidy at its conclusion, subsequent imports of subject goods from that exporter will be assessed anti-dumping and countervailing duties based on the ministerial specifications indicated above.
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
Additional information including dates and contact names, is available in the Notice of Reinvestigation on CBSA’s website.