Notice of Commencement of Inquiry
Steel piling pipe
(firmenpresse) - OTTAWA, ONTARIO -- (Marketwire) -- 08/03/12 -- Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on August 2, 2012, from the Acting Director General of the Anti-dumping and Countervailing Directorate at the Canada Border Services Agency (CBSA), stating that preliminary determinations have been made respecting the dumping and subsidizing of carbon and alloy steel pipe piles, commonly identified as piling pipe, in outside diameter ranging from 3 1/2 inches up to and including 16 inches (8.9 cm to 40.6 cm) inclusive, in commercial quality and in various forms and finishes, usually supplied to meet ASTM A252, ASTM A500, CSA G.40.21 or comparable specifications or standards, whether single, dual or multiple certified, originating in or exported from the People's Republic of China (China).
Pursuant to section 42 of the Special Import Measures Act (SIMA), the Tribunal has 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, and to determine such other matters as the Tribunal is required to determine under that section.
Each person or government wishing to participate in the inquiry and at the hearing as a party must file a notice of participation with the Secretary on or before August 16, 2012. Each counsel who intends to represent a party in the inquiry and at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before August 16, 2012.
REQUEST FOR SUBMISSIONS ON THE ISSUE OF OVERLAP OF PRODUCT DEFINITIONS
On July 3, 2012, the Tribunal made a preliminary determination of injury and terminated the preliminary injury inquiry with respect to some of the subject goods.
On July 3, 2012, the Tribunal found that some of the above-mentioned goods were subject to the finding that it made, pursuant to subsection 43(1) of SIMA, in Inquiry No. NQ-2008-001, concerning the dumping and subsidizing of carbon steel welded pipe, commonly identified as standard pipe, in the nominal size range of 1/2 inch up to and including 6 inches (12.7 mm to 168.3 mm) in outside diameter inclusive, in various forms and finishes, usually supplied to meet ASTM A53, ASTM A135, ASTM A252, ASTM A589, ASTM A795, ASTM F1083 or commercial quality, or AWWA C200-97 or equivalent specifications, including water well casing, piling pipe, sprinkler pipe and fencing pipe, but excluding oil and gas line pipe made to API specifications exclusively, originating in or exported from China.
Those goods are carbon steel welded pipe, in the nominal size range of 3 1/2 inches up to and including 6 inches (89 mm to 168.3 mm) in outside diameter, in various forms and finishes, usually supplied to meet ASTM A252 or equivalent specifications, other than carbon steel welded pipe in the nominal size range of 3 1/2 inches up to and including 6 inches, dual-stencilled to meet the requirements of both specification ASTM A252, Grades 1 to 3, and specification API 5L, with bevelled ends and in random lengths, for use as foundation piles.
Pursuant to paragraph 35(1)(b) of SIMA, the Tribunal concluded that the evidence did not disclose a reasonable indication that the dumping and subsidizing of the above-mentioned goods that it found to be subject to the finding that it made in Inquiry No. NQ-2008-001 had caused injury or retardation or were threatening to cause injury to the domestic industry. Therefore, pursuant to paragraph 35(3)(a) of SIMA, the Tribunal terminated the preliminary injury inquiry with respect to those goods.
In its statement of reasons for the preliminary injury inquiry issued on July 18, 2012, the Tribunal further noted that there was insufficient evidence on the record to determine with certainty the precise scope or extent of the overlap between the subject goods and the steel products which are covered by the Tribunal's finding in Inquiry No. NQ-2008-001 and, potentially, with goods subject to other orders or findings. In this connection, the Tribunal stated that, to the extent that there is a possibility that a broader subset of subject goods is already subject to anti-dumping or countervailing duties as a result of being subject to existing orders or findings, it was the Tribunal's intention to establish a process whereby it could reach an early decision on this issue during the final injury inquiry stage.
Accordingly, in order to make an early decision on the issue of the extent of the product overlap between the subject goods and steel products which are covered by existing Tribunal orders or findings, the Tribunal is inviting interested parties to file submissions specifically on this issue.
In particular, the parties are asked to present facts and arguments on the following:
And, if so, to identify the extent of the overlap, including the following:
Parties filing submissions on the issue of product overlap are required to file 10 copies of their submissions with the Tribunal no later than noon, on August 21, 2012. Parties wishing to respond to these submissions are required to file 10 copies of their reply submissions with the Tribunal no later than noon, on August 27, 2012. Parties are required to serve all submissions on the Tribunal, counsel and parties of record simultaneously. The service list will be provided. The Tribunal will render its decision on the issue of product overlap no later than September 10, 2012.
REQUEST FOR SUBMISSIONS ON LIKE GOODS
In its statement of reasons for the preliminary injury inquiry issued on July 18, 2012, the Tribunal found, on the basis of the evidence on the record at that time, that steel piling pipe produced by the domestic industry were "like goods" in relation to the subject goods. The Tribunal stated that the question as to whether there was merit to expand the definition of the "like goods" to include certain oil country tubular goods, line pipe and standard pipe, which may be used in piling applications, was an issue that would need to be fully addressed in the context of a final injury inquiry.
In order to make an early decision on this issue, the Tribunal is also inviting interested parties to file submissions specifically on this issue.
In making their submissions on like goods, the parties are asked to present facts and arguments on the following issues:
Parties are also asked to address factors that the Tribunal should examine in considering the questions of like goods, as well as classes of goods, including the following:
Furthermore, the Tribunal requests that parties support their submissions with clear and detailed product descriptions, information and evidence, such as letters from customers that use different types of steel piling pipe, certain carbon steel welded pipe, oil country tubular goods, line pipe, standard pipe, and other steel pipe products that can potentially be substituted for, compete with, or have the same end uses as steel piling pipe, price lists, documents describing the physical characteristics of the goods, documents indicating the different end uses for steel piling pipe and certain carbon steel welded pipe, oil country tubular goods, line pipe, standard pipe and other steel pipe products that can potentially be substituted for, compete with, or have the same end uses as steel piling pipe, and documents indicating the type of steel piling pipe, carbon steel welded pipe, oil country tubular goods, line pipe, standard pipe and other steel pipe products that can potentially be substituted for, compete with, or have the same end uses as steel piling pipe, to be used for each end-use application.
Parties filing submissions on the issue of like goods are required to file 10 copies of their submissions with the Tribunal no later than noon, on August 21, 2012. Parties wishing to respond to these submissions are required to file 10 copies of their reply submissions with the Tribunal no later than noon, on August 27, 2012. Parties are required to serve all submissions on the Tribunal, counsel and parties of record simultaneously. The service list will be provided. The Tribunal will render its decision on like goods no later than September 10, 2012.
A public hearing relating to this inquiry will be held in the Tribunal's Hearing Room No. 1, 18th Floor, 333 Laurier Avenue West, Ottawa, Ontario, commencing the 29th day of October 2012, at 9:30 a.m.
In accordance with section 46 of the Canadian International Trade Tribunal Act, a person who provides information to the Tribunal and who wishes some or all of the information to be kept confidential must submit to the Tribunal, at the time the information is provided, a statement designating the information as confidential, together with an explanation as to why that information is designated as confidential. Furthermore, the person must submit a non-confidential edited version or summary of the information designated as confidential or a statement indicating why such a summary cannot be made.
Written submissions, correspondence and requests for information regarding this matter should be addressed to the Secretary, Canadian International Trade Tribunal, 15th Floor, 333 Laurier Avenue West, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (facsimile), (e-mail).
Further details regarding this inquiry, including the schedule of key events, are contained in the documents entitled "Additional Information" and "Inquiry Schedule" appended to the notice of commencement of inquiry available on the Tribunal's Web site at .
Dominique Laporte
Secretary
Dated at Ottawa, Ontario
this 3rd day of August 2012
Inquiry No. NQ-2012-002
ADDITIONAL INFORMATION
BACKGROUND INFORMATION
On August 2, 2012, the Tribunal received notice from the Acting Director General of the Anti-dumping and Countervailing Directorate at the CBSA, stating that preliminary determinations have been made respecting the dumping and subsidizing of carbon and alloy steel pipe piles, commonly identified as piling pipe, in outside diameter ranging from 3 1/2 inches up to and including 16 inches (8.9 cm to 40.6 cm) inclusive, in commercial quality and in various forms and finishes, usually supplied to meet ASTM A252, ASTM A500, CSA G.40.21 or comparable specifications or standards, whether single, dual or multiple certified, originating in or exported from the People's Republic of China.
Pursuant to section 42 of SIMA, the Tribunal will now determine whether the dumping and subsidizing of the above-mentioned goods have caused injury or retardation or are threatening to cause injury, and to determine such other matters as the Tribunal is required to determine under that section.
Along with the notice of commencement of inquiry, the Secretary has sent a letter to the domestic producers, importers, foreign producers and certain purchasers with a known interest in the inquiry providing details on the procedures, as well as the schedule for the inquiry. Copies of all the questionnaires can be downloaded from the Tribunal's Web site at .
REQUESTS FOR PRODUCT EXCLUSIONS
The Tribunal's Guide to Making Requests for Product Exclusions, which can be found on the Tribunal's Web site at , describes the procedure for filing requests for specific product exclusions. This guide also includes a form for filing requests for product exclusions and a form for any party that opposes a request to respond to such requests. This does not preclude parties from making submissions in a different format if they so wish, provided all the information and supporting documentation requested in the forms are included. Please see the attached schedule for the filing deadlines for the product exclusion process.
REQUESTS FOR A PUBLIC INTEREST INQUIRY
In the event of an injury finding, a request for a public interest inquiry conducted pursuant to subsection 45(1) of SIMA may be made by any party to the injury inquiry or by any other group or person affected by the injury finding. Such a request must be filed with the Tribunal within 45 days of an injury finding. A public interest inquiry is completely separate from an injury inquiry. The Tribunal is not seeking and does not expect submissions on public interest issues during the injury inquiry.
PROCEDURE FOR FILING WITH THE TRIBUNAL
Parties and the public may file documents electronically with the Tribunal through its Secure E-filing Service at . The information is fully encrypted from the sender to the Tribunal.
Parties must still file paper copies when instructed to do so. Where a party is required to file hard copies, the electronic version and the hard-copy version must be identical. In case of discrepancies, the hard-copy version will be considered the original.
PUBLIC HEARING
The Tribunal will hold a public hearing relating to this expiry review in the Tribunal's Hearing Room No. 1, 18th Floor, 333 Laurier Avenue West, Ottawa, Ontario, commencing on the 29th day of October 2012, at 9:30 a.m.
OTHER INFORMATION
The Canadian International Trade Tribunal Rules govern these proceedings.
Written and oral communication with the Tribunal may be in English or in French.
In order to observe and understand production processes, the Tribunal, accompanied by its staff, may conduct plant visits.
At the end of these proceedings, the Tribunal will issue a decision supported by a summary of the case, a summary of the arguments and an analysis of the case. The decision will be posted on its Web site and distributed to the parties and interested persons, as well as to organizations and persons that have registered to receive decisions of the Tribunal.
Inquiry No. NQ-2012-002
INQUIRY SCHEDULE
Contacts:
Canadian International Trade Tribunal
613-990-2452
613-990-2439 (FAX)
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Datum: 03.08.2012 - 14:57 Uhr
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