Anti-Dumping Alert: Certain Sucker Rods (China)

Certain Sucker Rods: Dumping & Countervailing (China)

Latest news:

CBSA:

On August 16, 2018, provisional duties were imposed on imports of dumped and subsidized goods that are of the same description as any goods to which the preliminary determinations apply.

CITT:

The CITT has conducted a preliminary injury inquiry and determined that there is evidence that discloses a reasonable indication that the dumping and subsidizing of the above-mentioned goods have caused or are threatening to cause injury to the domestic industry.

The CBSA Investigation:

The CBSA has initiated an investigation into Certain Sucker Rods being imported from the People’s Republic of China (“China”) and has issued its Statement of Reasons regarding the initiation of Investigations on June 1, 2018.

The subject goods are usually classified under the following tariff classification number:

  • 8413.91.00.10

The subject goods are defined as:

Sucker rods, including pony rods, with or without couplings attached and with or without guides attached, manufactured to American Petroleum Institute (API) 11B specifications, equivalent standards or proprietary standards, including in a finished or semi-finished state, made of solid steel, including carbon, alloy and special grades of steel, of 2.5 inches (63.5 mm) or less in diameter of rod body, with stated measurements subject to permissible tolerances originating in or exported from China.

The CBSA began its investigation pursuant to a complaint from Dover Canada ULC – Alberta Oil Tool Division, in Edmonton, Alberta on March 29, 2018.  On April 19, 2018, the CBSA confirmed that the complaint was properly documented.  After consultations with the Canadian government on May 15 to 17, 2018, the CBSA began its dumping and subsidizing investigation on May 18, 2018.

On June 1, 2018, the CBSA initiated published its reasons for the initiation of the investigation.  In brief, the CBSA is of the opinion that there is evidence that certain sucker rods originating in or exported from China, have been dumped and subsidized, and there is a reasonable indication that such dumping and subsidizing have caused or are threatening to cause injury to the Canadian industry.

As a result, based on the CBSA’s examination of the evidence and its own analysis, dumping and subsidy investigations were initiated on May 18, 2018.  The CBSA has identified 40 potential exporters and 22 potential importers affected by this investigation.

 

Stay Tuned…

The Investigation Schedule is as follows and we will provide updates as they are available:

May 18, 2018 Initiation of the CBSA’s dumping and subsidy investigations
June 1, 2018 Statement of Reasons issued regarding the initiation of the investigations
June 8, 2018 Importer responses to CBSA’s Request for Information due
June 25, 2018 Exporter and Government responses to CBSA’s Request for Information due
August 16, 2018 Preliminary Determinations or termination of the CBSA’s dumping and subsidy investigations
August 31, 2018 Statement of Reasons issued (Preliminary Determinations or termination)

 

In the event of preliminary determinations of dumping:

August 16, 2018 Exporter and Importer ruling letters available
September 26, 2018, at noon Closing of the Record date
October 3, 2018, by noon Case Arguments due from all parties
October 10, 2018, by noon Reply Submissions due from all parties in respect of Case Arguments
November 14, 2018 Final Determinations or termination of the CBSA’s dumping and subsidy investigations
November 14, 2018 Exporter and Importer ruling letters available
November 29, 2018 Statement of Reasons issued (Final Determinations or termination)

 

The CITT: Preliminary Injury Inquiry No. PI-2018-001

The Canadian International Trade Tribunal (“CITT”) gave notice on May 22, 2018, that it has initiated an inquiry to determine whether the evidence discloses a reasonable indication that the alleged dumping and subsidizing of sucker rods, including pony rods, with or without couplings attached and with or without guides attached, manufactured to American Petroleum Institute (API) 11B specifications, equivalent standards or proprietary standards, including in a finished or semi-finished state, made of solid steel, including carbon, alloy and special grades of steel, of 2.5 inches (63.5 mm) or less in diameter of rod body, with stated measurements subject to permissible tolerances, originating in or exported from China (the subject goods), have caused injury or retardation or are threatening to cause injury, as these words are defined in SIMA.

On July 17, 2018, the CITT found that there is evidence that discloses a reasonable indication that the dumping and subsidizing of the above-mentioned goods have caused or are threatening to cause injury to the domestic industry.

Stay Tuned…

The Preliminary Inquiry Schedule is as follows:

  • May 22, 2018 – Notice of commencement of preliminary injury inquiry
  • June 4, 2018 – Notices of participation and representation, declarations and undertakings
  • June 11, 2018 – Distribution of documents received from the CBSA
  • June 19, 2018, by noon – Submissions by parties opposed to the complaint
  • June 26, 2018, by noon – Replies from the complainant and parties in support of the complaint
  • July 17, 2018 – Determination
  • August 1, 2018 – Reasons for determination

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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