Anti-Dumping Alert: Certain Copper Pipe Fittings (Vietnam)

Certain Copper Pipe Fittings 2: Dumping & Countervailing (Vietnam)

In CBSA Investigation CPF2 2017 IN, the CBSA concluded that certain copper pipe fittings were being dumped and duties were imposed.  The goods that were the subject of this CBSA investigation were:

Pressure pipe fittings and drainage, waste and vent pipe fittings, made of cast copper alloy, wrought copper alloy or wrought copper for use in heating, plumbing, air conditioning and refrigeration applications originating in or exported from the Socialist Republic of Vietnam, restricted to the products listed in Appendix 1.

The subject goods are normally imported under the following tariff classification numbers:

  • 7412.10.00.11;
  • 7412.10.00.19;
  • 7412.10.00.90;
  • 7412.20.00.11;
  • 7412.20.00.12;
  • 7412.20.00.19; and
  • 7412.20.00.90.

The investigation began on September 11, 2017, after the CBSA received a written complaint from Cello Products of Cambridge, ON, which alleged that certain copper pipe fittings originating from Vietnam were being dumped and subsidized.

On January 25, 2018, the CBSA made a preliminary determination of dumping and subsidizing. As a result, provisional duties were imposed. On April 25, 2018, the CBSA made its Final Determination of dumping and subsidizing.

During the period of investigation for dumping from September 1, 2016 to August 31, 2017, the margin of dumping was calculated to be 159% of the export price for all exporters exporting from Vietnam. In particular, the CBSA concluded it did not have enough information from the exporters to determine the normal values and as such substituted its own values from costing information provided by the complainant.

During the period of investigation for subsidy from January 1, 2016 to August 31, 2017, the subsidy was calculated to be 30.6% of the export price for all exporters exporting from Vietnam. In particular, the CBSA found numerous programs in Vietnam providing some form of subsidy to Vietnamese exporters.

On January 25, 2018, the CBSA made a preliminary determination of dumping and subsidizing.  As a result, provisional duties were imposed.  On April 25, 2018, the CBSA made its Final Determination of dumping and subsidizing.

During the period of investigation for dumping from September 1, 2016 to August 31, 2017, the margin of dumping was calculated to be 159% of the export price for all exporters exporting from Vietnam.  In particular, the CBSA concluded it did not have enough information from the exporters to determine the normal values and as such substituted its own values from costing information provided by the complainant.

During the period of investigation for subsidy from January 1, 2016 to August 31, 2017, the subsidy was calculated to be 30.6% of the export price for all exporters exporting from Vietnam.  In particular, the CBSA found numerous programs in Vietnam providing some form of subsidy to Vietnamese exporters.

CITT: Copper Pipe Fittings: Inquiry No. NQ-2017-004

In tandem with the CBSA investigation, the CITT conducted its own investigation into whether the copper pipe fittings have caused injury to the domestic industry and concluded on May 25, 2018 that the above-mentioned goods originating in and exported from Vietnam have caused injury to the domestic injury.

The subject goods are defined as:

Copper pipe fittings are identified in terms of imperial measurement, i.e. inches. However, the metric equivalents of the imperial measurement are also covered by the Tribunal’s finding. The term “metric equivalent” refers to those fittings that are soft-converted equivalents of the imperial-sized fittings and does not include fittings made specifically in metric dimensions.

Copper pipe fittings are identified either as a wrought product or as a cast product. Where an asterisk (“*”) follows a specific copper pipe fitting description, it indicates that both the wrought product and the cast product are covered by the finding.

Copper pipe fittings are identified in terms of nominal size. Plumbing and heating fittings are marked according to nominal sizes that correspond to the inside diameters, while fittings for air conditioning and refrigeration are based on actual outer diameter sizes. The Tribunal’s finding also includes copper pipe fittings that are described in terms of their outside diameter size. To determine the nominal size of a fitting that is measured in terms of its outside diameter size, always subtract 1/8 inch from the outside diameter size.

 

John Reiterowski, DS Lawyers Canada, LLP

jreiterowski@dsavocats.ca

DS Customs & Trade team located in Paris, Brussels, Montreal, Toronto, Lima, Singapore, Vietnam, Beijing, Guangzhou, Dakar and Cotonou is at your disposal to provide you with additional information.

CONTACT US:

dscustomsdouane@dsavocats.com

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