SIMA Update – Certain Fabricated Industrial Steel Components
CBSA Makes Preliminary Determination and Publishes Statement of Reasons in the Case of Certain Fabricated Industrial Steel Components 2017-02-23
On January 25, 2017, the Canada Border Services Agency (CBSA) made preliminary determinations respecting the dumping of certain fabricated industrial steel components (FISC) originating in or exported from the People’s Republic of China, the Republic of Korea, and the Kingdom of Spain, and the subsidizing of certain fabricated industrial steel components originating in or exported from the People’s Republic of China.
On January 25, the CBSA terminated the dumping investigation with respect to certain FISC originating in or exported from the United Arab Emirates and the UK. The volume of subject goods imported during the period of investigation from the UAE and the UK were found to be negligible for the purposes of SIMA (i.e. less than 3% of volume of imported goods).
On January 25, 2017, as a result of the CBSA’s preliminary investigations and pursuant to subsection 38(1) of SIMA, the CBSA made preliminary determinations of dumping of FISC originating in or exported from China, Korea, and Spain, and the subsidizing of FISC originating in or exported from China.
On January 25, 2017, provisional duty was imposed on imports of dumped and subsidized goods that are of the same description as any goods to which the preliminary determinations apply, and that are released during the period commencing on the day the preliminary determinations were made and ending on the earlier of the day on which the CBSA causes the investigations to be terminated pursuant to subsection 41(1) of SIMA or the day the CITT makes an order or finding pursuant to subsection 43(1) of SIMA.
For the purpose of these investigations, subject goods are defined as:
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;
… but excluding 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 Certain Fasteners (RR-2014-001), Structural Tubing (RR-2013-001), Carbon Steel Plate (III) (RR-2012-001), Carbon Steel Plate (VII) (NQ-2013-005), and Steel Grating (NQ-2010-002);
For more information, please consult the Statement of Reasons published on February 9, 2017 on CBSA’s website.
Furthermore, notice was received by the Canadian International Trade Tribunal (CITT) on January 25, 2017, from the CBSA, stating that a preliminary determination had been made respecting the dumping of certain fabricated and industrial steel components. Pursuant to this notice, on February 2, 2017, the CITT initiated an inquiry to determine whether the dumping and subsidizing of the above-mentioned goods have caused injury or retardation or are threatening to cause injury.
The CITT’s Notice of Commencement of Inquiry can be viewed here.
Source: CBSA and CITT
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