CERTAIN FABRICATED INDUSTRIAL STEEL COMPONENTS – Preliminary Injury Inquiry No. PI‑2016-003
The Canadian International Trade Tribunal has conducted a preliminary injury inquiry into whether the evidence discloses a reasonable indication that the alleged injurious dumping of 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); originating in or exported from the People’s Republic of China, the Republic of Korea, the Kingdom of Spain, the United Arab Emirates and the United Kingdom of Great Britain and Northern Ireland, and the alleged injurious subsidizing of the above-mentioned goods originating in or exported from the People’s Republic of China, have caused injury or retardation or are threatening to cause injury to the domestic industry.
This preliminary injury inquiry follows the notification, on September 12, 2016, that the President of the Canada Border Services Agency had initiated investigations into the alleged injurious dumping and subsidizing of the above-mentioned goods.
The Canadian International Trade Tribunal hereby determines that the evidence discloses a reasonable indication that the alleged injurious dumping or subsidizing of the above-mentioned goods have caused or are threatening to cause injury to the domestic industry.
Certain Concrete Reinforcing Bar – Notice of Initiation of Section 20 Inquiry
On August 19, 2016, the Canada Border Services Agency (CBSA) initiated an investigation pursuant to subsection 31(1) of the Special Import Measures Act (SIMA) concerning the alleged injurious dumping of certain concrete reinforcing bar (rebar) originating in or exported from the Republic of Belarus (Belarus), Chinese Taipei, the Hong Kong Special Administrative Region of the People’s Republic of China, Japan, the Portuguese Republic and the Kingdom of Spain.
SIMA has special provisions concerning the treatment of products where the government of the country of export has a monopoly of its export trade, and where domestic prices are substantially determined by the government and there is reason to believe that they may not be the same as they would be if they were determined in a competitive market.
Information on the administrative record for the investigation indicates that there is reason to believe that the government of Belarus plays a significant role in the rebar sector in Belarus. Information provided by the complainants indicates that the majority of all industry in Belarus is state controlled. In response to a CBSA Request for Information (RFI), OJSC Byelorussian Steel Works (BMZ), the only known producer of rebar in Belarus, identified itself as a state owned enterprise, wholly-owned by the government of Belarus.
If there is sufficient reason to believe that conditions described in paragraph 20(1)(b) of SIMA exist, normal values will be determined, pursuant to paragraphs 20(1)(c) of SIMA, where such information is available, on the basis of the domestic selling price or full cost plus a reasonable amount for profits of the like goods sold by producers in any country designated by the CBSA and adjusted for price comparability; or pursuant to paragraph 20(1)(d) of SIMA, on the basis of the selling price in Canada of like goods imported from any country designated by the CBSA and adjusted for price comparability.