SIMA Monthly Index
As of November 1^st, 2006

Note: The intent of this index is to achieve increased importer compliance to duties imposed under the Special Import Measures Act on dumped and/or subsidized goods. This index is modified or revised on a monthly basis, as required,and as such has no official sanction. Users of this index are reminded that the imposition of provisional, anti-dumping and countervailing duties commences or ends on a specific date of release of the goods depending on the decision. If there any discrepancies between this index and a Notice of Decision, the Notice of Decision takes precedence.

A liability for provisional, anti-dumping or countervailing duties on any subject goods imported into Canada is to be declared at the time of accounting of the goods in question. Provisional duty is payable on dumped or subsidized goods that are of the same description as any goods to which a preliminary determination of dumping or subsidizing made by the Canada Border Services Agency (CBSA) in a dumping or subsidizing investigation applies. Dumped or subsidized goods imported into Canada of the same description as the goods named in a Canadian International Trade Tribunal (Tribunal) order or finding of injury or threat of injury are subject to anti-dumping or countervailing duty. The following is an index of the goods currently subject to such measures under the Special Import Measures Act (SIMA), along with the relevant countries of origin or export.

The provisional duties are applicable the day on which the preliminary determination of dumping or subsidizing decision is made to the earlier of the date on which the investigation is terminated by the CBSA with respect to goods of that description or the date on which the Tribunal makes its finding regarding injury to the Canadian industry (maximum 120 days from the notice of preliminary determination of dumping or subsidizing). When making a finding of injury or threat of injury, the Tribunal may exclude certain products.

Anti-dumping or countervailing duties are generally imposed for a period of at least five years. Pursuant to the SIMA, a finding of injury or threat of injury or an order continuing a finding of injury or threat of injury and the associated special protection in the form of anti-dumping or countervailing duties expire five years from the date of the finding or the order, unless an expiry review has been initiated. Before the end of the five year period, the Tribunal issues a Notice of the impending expiry. If an expiry review is conducted, relevant Notices are posted in the Expiry Reviews section. In the course of an expiry review, the CBSA has to determine whether the expiry of the order or finding in respect of a country or countries is likely to result in the continuation or resumption of dumping or subsidizing of the goods while the Tribunal has to determine whether the expiry of the Tribunal order or injury finding in respect of goods of a country or countries is likely to result in injury to the domestic industry. In the course of an interim or an expiry review, the Tribunal may rescind its findings/order or continue them with an amendment to exclude certain products, or without amendments.

Importers are responsible for accurately describing their goods and for calculating and paying any provisional, anti-dumping or countervailing duty they owe, at time of accounting for the goods to Customs. Information on goods subject to provisional duties is available in the Statement of Reasons issued by the CBSA at the time of its preliminary determination of dumping or subsidizing. A Fact Sheet for the preliminary determination of dumping or subsidizing may be generated and placed in the Investigations section. Information on goods subject to anti-dumping or countervailing duties is available in the Statement of Reasons issued by the Tribunal at the time of its finding or order. The Latest Date of Decision column in the table below provides electronic hyperlinks to the preliminary determination of dumping or subsidizing made by the CBSA or to the Tribunal findings or orders. As part of the CBSA's enforcement of a Tribunal finding of injury or threat of injury, a specific D15 Memorandum will be published for goods subject to anti-dumping or countervailing duties. The D15 Memorandum series provides a detailed description of the goods subject to anti-dumping or countervailing duties and the specific 10-digit HS classification numbers under which the goods are properly classified. The D15 column provides electronic hyperlinks to these memoranda. Further, the Product column provides electronic hyperlinks to a listing of the specific 10-digit HS classification numbers under which goods subject to SIMA duties are properly classified. This listing is available on the CBSA Web site at http://www.cbsa-asfc.gc.ca/sima/ under the Applicable Harmonized System Classification Numbers section. Refer to the SIMA-AMPS section for the information required on customs documents for goods subject to provisional, anti-dumping or countervailing duties.

For goods under a dumping or subsidizing investigation, refer to the Investigations section.

Information on the assessment of provisional duties is available from the Statements of Reasons issued by the CBSA at the time of the preliminary determination of dumping or subsidizing. As mentioned above, a Fact Sheet for the preliminary determination of dumping or subsidizing may be generated. If the CBSA makes a final determination of dumping or subsidizing, provisional duty will continue to be imposed on imports of the subject goods until the Tribunal concludes its inquiry into the question of injury to the Canadian industry. If the Tribunal finds that the dumping or subsidizing have not caused injury or are not threatening to cause injury, the proceedings will be terminated and all provisional duties collected, or security posted, will be returned. If the Tribunal makes an affirmative decision, anti-dumping duty and/or countervailing duty will be imposed on imports of subject goods. For goods released from customs subsequent to an injury finding, the assessment of anti-dumping duty is made using the most recent calculated normal values. The assessment of countervailing duty after an injury finding by the Tribunal is made using the most recent calculated amount of subsidy. As part of the CBSA’s enforcement of a Tribunal finding of injury or threat of injury, or of a Tribunal order continuing a finding of injury or threat of injury, changes can be made to the assessment of SIMA duties. Refer to the Customs Notice in the Customs Notice column below for changes made to the assessment of SIMA duties in the course of a re-investigation of the normal values, export prices or amounts of subsidy, or refer to the Re-investigations section.

For general information on the importation of goods subject to provisional, anti-dumping or countervailing duties, refer to the SIMA Self-Assessment Guide.

COUNTRY AND CUSTOMS TERRITORY NAMES CORRESPONDING TO CODES

For general information on the anti-dumping and countervailing Program, please contact Madeleine Jean, Anti-dumping and Countervailing Program in Ottawa by telephone at 613-954-7177, by fax at 613-948-4844 or by e-mail at Simaregistry@cbsa-asfc.gc.ca. SIMA Regional Liaison Officer contacts are indicated below. Headquarters contacts for specific products are indicated under the AMPS Product Description in the SIMA - AMPS section or in the Applicable Harmonized System Applicable Harmonized System Classification Numbers section.

For general Customs information, please refer to the Border Information Services (BIS) online at http://www.cbsa-asfc.gc.ca/eservices/bis/bis-e.html. For more specific information, call the BIS phone service Monday to Friday (except holidays) during regular business hours (8:00-16:00 local time), at 1-800-461-9999 (toll-free anywhere in Canada) and press zero to speak to an agent. If you are calling from outside Canada, you can access BIS by calling 204-983-3500 or 506-636-5064 (long-distance charges will apply).

SIMA REGIONAL LIAISON OFFICERS

Regional Index

Atlantic - Halifax

Quebec - Montréal

Northern Ontario - Ottawa

Southern Ontario - Toronto

Southern Ontario - Hamilton

Southern Ontario - Fort Erie

Southern Ontario - Windsor

Prairie - Winnipeg

Prairie - Calgary

Pacific - Vancouver

Atlantic - Halifax

Quebec - Montréal

Northern Ontario - Ottawa

Southern Ontario - Toronto Area

Southern Ontario - Hamilton

Southern Ontario - Niagara/Fort Erie

Southern Ontario - London

Southern Ontario - Windsor/St. Clair

Prairie - Winnipeg

Prairie - Calgary

Pacific - Vancouver

1. New Customs Notice. On June 28, 2006, the CBSA initiated a re-investigation of the normal values and export prices respecting certain bicycles and bicycle frames originating in or exported from Chinese Taipei and the People’s Republic of China. Refer to the Notice of Re-investigation and to the Re-investigations Schedule in the Re-investigations section.

2. Refer to the letter to fastener importers dated July 7, 2005. This letter is available in the Investigations section.

3. Refer to the notice to fastener importers dated December 14, 2005. This notice is available in the Investigations section.

4. Refer to Footnotes Nos. 2 and 3.

5. New Customs Notice. On July 17, 2006, the CBSA initiated a re-investigation of the normal values, export prices and amounts of subsidy of certain carbon steel fasteners originating in or exported from the People’s Republic of China, and the normal values and export prices of certain carbon steel and stainless steel fasteners originating in or exported from Chinese Taipei. Refer to the Notice of Re-investigation and to the Re-investigations Schedule in the Re-investigations section.

6. Refer to Footnote No. 5.

7. Refer to Footnotes Nos. 2 and 3.

8. Refer to Footnote No. 5.

9. Refer to the Notice of Application for Review in the Investigations section.

10. Sub-heading 4411.19.90.20 has been added to the Customs Tariff Schedule as part of the changes made to the 2006 Departmental Consolidation of the Customs Tariff, as contained in the T2006-3 Amendment Package. Laminate flooring subject to the Tribunal injury finding of June 16, 2005, is properly classified at sub-heading 4411.19.90.20, for which the unit of measure code is MTK (square metre).

11. For further details on the application of anti-dumping and countervailing duties on all subject imports from the People’s Republic of China that are dumped or subsidized, refer to the Enforcement Instructions in the Investigations or Re-investigations sections.

12. For further details on the application of anti-dumping duties on all subject imports from France that are dumped, refer to the Enforcement instructions in the Investigations or Re-investigations sections.

13. To be updated. Refer to Footnote No. 10.

14. To be updated. Refer to Footnote No. 10.

15. This notice serves to provide information regarding the enforcement by the CBSA of the Tribunal finding of injury of June 16, 2005. Since the issuance of this notice, laminate flooring is properly classified at sub-heading 4411.19.90.20. Refer to Footnote No. 10.

16. Refer to Footnote No. 15.

17. The Tribunal finding of injury will expire on December 26, 2006. The imposition of anti-dumping duties on all subject imports that are dumped will cease on that day.

18. To be updated. This D15 memorandum serves to provide information regarding the enforcement by the CBSA of Tribunal findings/orders concerning the dumping of certain footwear originating in or exported from the People’s Republic of China. Refer to Footnotes Nos. 17, 19, 22 and 23.

19. In the course of an expiry review, on December 7, 2005, the Tribunal made an order continuing its finding of injury made on December 8, 2000.

20. To be updated. Refer to Footnote No. 19.

21. Refer to Footnotes No. 18.

22. On May 30, 2006, the CBSA initiated a review of normal values of waterproof rubber footwear and waterproof footwear and bottoms of plastic or rubber originating in or exported from the People’s Republic of China. Refer to the Re-investigations Schedule in the Re-investigations section.

23. Tribunal Interim Review. The Tribunal issued an order on August 18, 2005, amending its order made on October 18, 2002, to exclude steel-studded over-the-shoe rubbers.

24. To be updated. Refer to Footnote No. 23.

25. Refer to Footnote No 18.

26. Refer to Footnote No. 22.

27. Anti-dumping duty is payable on fresh garlic originating in or exported from the People’s Republic of China, imported into Canada from July 1 to December 31, inclusive, of each calendar year. For further clarification on the impact of the Tribunal’s determination made on January 26, 2006, on importations of fresh garlic from the People’s Republic of China and the anti-dumping duty payable for the current year, refer to the document titled Implications of the Tribunal Notice of Determination in the Expiry Reviews section.

28. The Tribunal order will expire on March 19, 2007. Refer to the Tribunal Notice of Determination in the Expiry Reviews section.

29. Refer to Footnotes Nos. 27 and 28.

30. This notice served to provide information regarding the enforcement by the CBSA of a Tribunal order concerning the dumping of fresh garlic originating in or exported from the People’s Republic of China and a Tribunal finding concerning the dumping of fresh or frozen garlic originating in or exported from the People’s Republic of China and Vietnam. Since the issuance of this notice, in the course of an expiry review, on May 1, 2006, the Tribunal made an order rescinding its finding of injury concerning the dumping of fresh or frozen garlic originating in or exported from the People’s Republic of China and Vietnam, excluding fresh garlic originating in or exported from the People’s Republic of China, imported into Canada from July 1 to December 31, inclusive, of each calendar year. Importations of frozen garlic from the People’s Republic of China and Vietnam and fresh garlic from Vietnam are no longer subject to anti-dumping duty.

31. The Tribunal made, on April 18, 2006, a finding that the dumping and subsidizing of unprocessed grain corn from the United States have not caused injury and do not threaten to cause injury to the domestic industry. All provisional duty paid or security posted by importers have been returned. On June 6, 2006, an Application for Review of the Tribunal finding of no injury was filed with the Federal Court of Appeal. Further, on May 1, 2006, a Request for Panel Review of the final determination of dumping and subsidizing made by the CBSA was filed with the Canadian Section of the NAFTA Secretariat and, on January 30, 2006, a Request for Judicial Review of the preliminary determination of dumping and subsidizing made by the CBSA concerning unprocessed grain corn was filed with the Federal Court of Appeal. Refer to Memorandum D14-1-6.

32. The CBSA made, on October 20, 2006, a preliminary determination of dumping concerning certain copper pipe fittings originating in or exported from the United States, Korea and the People’s Republic of China, and also made a preliminary determination of subsidizing concerning certain copper pipe fittings originating in or exported from the People’s Republic of China. As a result, provisional duties are payable on imports of copper pipe fittings originating in or exported from the United States, Korea and the People’s Republic of China. These duties are payable on the subject goods that are released from customs during the period commencing October 20, 2006, and ending on the earlier of the day the CBSA causes the investigation to be terminated or the day on which the Tribunal makes an order or finding. The CBSA is continuing its dumping and subsidy investigation respecting copper pipe fittings and will make a final decision by January 18, 2007. Otherwise, the CBSA will terminate the investigation and any provisional duty paid, or security posted, will be returned to importers. At the same time, the Tribunal is conducting its full inquiry into the question of injury to the Canadian industry and is expected to issue its final decision by February 19, 2007. If the Tribunal finds that the dumping and subsidizing have not caused injury or are not threatening to cause injury, the proceedings will be terminated and all provisional duties collected, or security posted, will be returned. If the Tribunal makes an affirmative decision, anti-dumping duty and/or countervailing duty will be imposed on imports of the subject goods. Refer to the List of Products Subject to Investigation and to the Investigation Schedule in the Investigations section. Additional information about the amount of provisional duty payable on imported goods is contained in the Notice of Preliminary Determination available in the Investigations section. A listing of the specific 10-digit HS classification numbers under which goods are properly classified in the Harmonized System is available in the Applicable Harmonized System Classification Numbers section. Additional information about this investigation will be contained in a Statement of Reasons for the Preliminary Determination that will be made available in the Investigations section.

33. This notice served to provide information regarding the enforcement by the CBSA of a Tribunal order concerning the dumping of whole potatoes. Since the issuance of this notice, in the course of an expiry review, on September 12, 2005, the Tribunal made an order continuing its order made on September 13, 2000, with an amendment to exclude certain products. Refer to Memorandum D15-1-91.

34. The CBSA initiated, on August 30, 2006, an investigation into the alleged injurious dumping of certain copper rod originating in or exported from Brazil and Russia, and the alleged injurious subsidizing of certain copper rod originating in or exported from Brazil. Additional information about this investigation is contained in the Statement of Reasons for the Initiation that is available in the Investigations section. Refer to the Investigation Schedule in the Investigations section.

35. In the course of an expiry review, on August 16, 2006, the Tribunal made an order continuing its finding of injury made on August 17, 2001, concerning the dumping of flat hot-rolled carbon and alloy steel sheet and strip originating in or exported from Brazil, the People’s Republic of China, Chinese Taipei, India, South Africa and Ukraine, and the subsidizing of flat hot-rolled carbon and alloy steel sheet and strip originating in or exported from India. On the same day, the Tribunal made an order rescinding its finding concerning the dumping of flat hot-rolled carbon and alloy steel sheet and strip originating in or exported from Bulgaria, Macedonia, and Serbia and Montenegro.

36. Refer to Footnote No. 35.

37. To be updated. Refer to Footnote No. 35.

38. To be updated. Refer to Footnote No. 35.

39. This notice served to provide information regarding the enforcement by the CBSA of the Tribunal finding of injury dated August 17, 2001. Since the issuance of this notice, in the course of an expiry review, on August 16, 2006, the Tribunal made an order continuing its finding of injury in the case of goods from certain countries and rescinding it in the case of goods from other countries. Refer to Footnote No. 35. As a result, anti-dumping duties continue to be payable on dumped imports of flat hot-rolled carbon and alloy steel sheet and strip originating in or exported from Brazil, the People’s Republic of China, Chinese Taipei, India, South Africa and Ukraine, and countervailing duties continue to be payable on subsidized imports of flat hot-rolled carbon and alloy steel sheet and strip originating in or exported from India. However, anti-dumping duties are no longer levied on imports of flat hot-rolled carbon and alloy steel sheet and strip originating in or exported from Bulgaria, Macedonia, and Serbia and Montenegro since August 16, 2006.

40. Refer to Footnote No. 39.

41. Stainless Steel Round Wire Products Anti-dumping Duty Remission Order. Refer to Customs Notice CN-647. For further information, refer to the Canada Gazette, Vol. 139, No. 25 on the Canada Gazette Notice Web site at http://canadagazette.gc.ca/partII/2005/20051214/html/sor392-e.html.

42. Refer to Footnote No. 41.

43. Refer to Footnote No. 41.

44. This notice served to provide information regarding a review of the amounts of subsidy respecting refined sugar from the European Union as part of the CBSA enforcement of a Tribunal order concerning the subsidizing of refined sugar. Since the issuance of this notice, in the course of an expiry review, on November 2, 2005, the Tribunal continued its orders made on November 3, 2000, with an amendment to exclude individually wrapped rectangular cane sugar tablets. Refer to Memorandum D15‑2‑8.

45. Refer to Footnote No. 44.

46. Refer to Footnote No. 44.

47. On September 29, 2006, the Tribunal made a finding that the dumping of certain cross-linked polyethylene tubing originating in or exported from the United States has not caused injury and is not threatening to cause injury to the Canadian industry. All proceedings relating to this investigation are terminated and all provisional duty paid or security posted by importers will be returned.