This notice advises that, on October 8, 2008, the Canada Border Services Agency (CBSA) concluded its re-investigation of the normal values and export prices of certain stainless steel wire originating in or exported from the Republic of Korea, Switzerland and the United States of America, and the amounts of subsidy of certain stainless steel wire originating in or exported from India, pursuant to the Special Import Measures Act (SIMA).

The re-investigation was initiated on May 15, 2008 as part of the CBSA’s enforcement of the finding made by the Canadian International Trade Tribunal (Tribunal) on July 30, 2004.

At the initiation of the re-investigation, the CBSA sent Requests for Information (RFI) to exporters to obtain information on the costs and selling prices of subject goods and like goods.  Specific normal values for future shipments have been determined for the following cooperative exporters:  Sandvik Materials Technology USA, of Scranton, Pennsylvania, and Euroweld Ltd., of Mooresville, North Carolina.
With respect to subsidy, separate RFIs were sent to the government of India and to exporters in India to obtain information on various subsidy programs in that country.  Three exporters from India together with the government of India, provided sufficient information to enable the determination of new amounts of subsidy for these exporters.  Specific subsidy rates for future shipments have been determined for these cooperative exporters.  The rates are as follows:

For exporters that cooperated with the CBSA in this re-investigation, the normal values and amounts of subsidy established will be effective for subject goods released from the CBSA on or after October 8, 2008.  The previous normal values and amounts of subsidy will apply to importations of subject goods that have cleared Customs prior to October 8, 2008.

Case arguments with respect to the re-investigation were received on behalf of the complainant.  Issues and concerns raised in the brief were given due consideration for purposes of the re-investigation.

For all exporters other than those listed above and for any subject good for which a specific normal value has not been determined, the normal value will continue to be based on the export price of the subject goods advanced by 181% in accordance with the ministerial specification.  Similarly, for exporters of subject goods originating in India who did not provide sufficient information to determine amounts of subsidy, the applicable amount of subsidy will be determined in accordance with a ministerial specification at the rate of 13,857 rupees per metric tonne.

It should be noted that stainless steel belting wire used in the production of conveyor belts and stainless steel wire line used in the oil and gas industry are subject to an anti-dumping duty remission order (number 2005-2112).  Remission is granted for anti-dumping duty paid or payable in excess of 35% of the export price in respect of these two stainless steel wire products.  

Where a producer or exporter becomes aware that there have been substantial changes to domestic prices, market conditions or costs associated with production and sales of subject goods, the CBSA should be advised in order that normal values can be reviewed, and updated if required, to reflect current market conditions.  Similarly, the amount of export charges to be deducted from the export price may also need revision to reflect current conditions, as would, in the case of goods exported from India, the amounts of subsidy.  Where changes have occurred and the CBSA has not been advised in a timely manner, the extent of these changes could warrant retroactive assessments of anti-dumping and/or countervailing duty.

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/or countervailing measures and be provided with sufficient information necessary to clear the shipments.  In order to determine their anti-dumping liability, importers should contact their suppliers who can provide information on normal values.  Under limited circumstances, the CBSA may make this information available to importers.  Please 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, for more information.

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 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, Anti dumping and Countervailing Program, Ottawa, ON 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 (an Appeal) of Goods Under the Special Import Measures Act.