Memorandum D15-2-35

Ottawa, November 2, 2006

Certain waterproof footwear and bottoms of plastic or rubber originating in or exported from the People's Republic of China

In Brief

Application of anti-dumping duty

1. This Memorandum refers to the application of anti-dumping duty to importations of certain waterproof footwear and bottoms of plastic or rubber originating in or exported from the People’s Republic of China.
2. The Memorandum is divided into twelve sections under "Guidelines and General Information."
3. A description of the goods is provided.
4. The milestone dates of the investigation are provided along with the applicable classification numbers.
5. Additional information concerning interest owing is provided in Customs Notice CN-450, Legislative Changes With Respect to Interest on Anti-dumping, Countervailing, or Provisional Duties Levied Under the Special Import Measures Act (SIMA) and Resulting Proposed Regulatory Changes in Support of Those Legislative Changes.
6. Information regarding the normal value of subject goods and anti-dumping duties is provided.
7. This memorandum replaces and supersedes Memorandum D15-2-35 dated May 11, 2001.

Memorandum

This memorandum refers to the application of anti-dumping duty to importations of certain waterproof footwear and bottoms of plastic or rubber, including moulded clogs, originating in or exported from the People’s Republic of China, in accordance with section 3 of the Special Import Measures Act (SIMA), as a result of a finding of injury by the Canadian International Trade Tribunal.

Guidelines and
General Information

1. Waterproof footwear and bottoms of plastic or rubber, including moulded clogs, originating in or exported from the People’s Republic of China, are subject to anti-dumping duty.
2. The distinctive feature of waterproof footwear is that both the sole portion and a portion of the upper, sufficient to give waterproof protection to the foot, are incorporated in a single component that may be made of rubber or plastic. Styles include footwear manufactured for men, women, youth, misses, and children.
3. Subject goods include waterproof plastic footwear made from plastic resins by injection moulding or other processes. The term "plastic" includes polyvinyl chloride (PVC) and other plastics. PVC is the plastic most commonly used in this class of footwear. The external surface may be made entirely of plastic, as in the case of rainboots. In other styles, such as duck shoes or winter boots, a boat-like waterproof bottom may have trimmings, attachments, liners, cuffs or tops of nylon or other materials.
4. Subject goods also include certain styles of waterproof rubber footwear. The term "rubber" refers to natural and synthetic rubber, including thermoplastic rubber. Rubber-bottom footwear with leather tops, waterproof rubber riding boots, and waterproof rubber safety footwear are subject to this finding.
5. Waterproof bottoms of plastic or rubber are subject to this investigation. Waterproof bottoms are normally boat-like components that are intended for incorporation in finished waterproof footwear.
6. Subject goods include moulded clogs. Such goods are typically made from plastic or rubber and may be open or closed at the heel, depending on the design of the sole.
7. The following goods are excluded from the finding:
   1. ski-boots and skating boots;
   2. all footwear subject to the order of certain waterproof rubber footwear (see Memorandum D15-1-89, Waterproof Rubber Footwear );
   3. fully waterproof PVC injection-moulded footwear consisting of a one-piece construction where the entire surface, other than the sole portion, is coated with an adhesive and flocked with small particles of suede, suede dust, or suede powder, whether or not trimmed with other materials and however fastened; and
   4. women’s waterproof footwear consisting of a PVC or polyurethane injection-moulded sole of non-boat-like construction and a polyurethane or nylon upper that is treated and affixed to the sole in a manner that makes the boot fully waterproof, whether or not trimmed with other materials and however fastened.
8. The dates of the proceedings in this matter are:

   Action	Date
   Initiation of Investigation	May 12, 2000
   Preliminary Determination	August 10, 2000
   Final Determination	November 8, 2000
   Tribunal’s Finding	December 8, 2000
   Tribunal’s Order	December 7, 2005

9. As a general guideline, these goods are normally classified in the Harmonized System under the following ten-digit classification numbers:

   6401.10.19.00	6403.19.90.90
   6401.10.20.00	6403.40.00.10
   6401.91.20.00	6403.91.00.10
   6401.92.11.00	6403.91.00.91
   6401.92.12.00	6403.91.00.92
   6401.92.92.90	6403.91.00.93
   6401.99.21.00	6404.11.99.90
   6401.99.29.00	6404.19.90.20
   6401.99.30.10	6404.19.90.91
   6401.99.30.90	6404.19.90.92
   6402.19.90.90	6404.19.90.93
   6402.91.00.10
   6402.91.00.91
   6402.91.00.92
   6402.91.00.93

10. The liability for duty results from proceedings conducted under SIMA and from the finding of the Canadian International Trade Tribunal.
11. Information regarding the normal value of the goods in question and the amount of anti-dumping duty payable should be obtained from the exporters. Please refer to Memorandum D14-1-2, Disclosure of Normal Value and Export Price Established Under the Special Import Measures Act to Importers, that outlines the conditions under which the Canada Border Services Agency may make the information available to importers.
12. Any questions concerning this memorandum should be directed to:

    Anti-dumping and Countervailing Program
    Trade Programs Directorate
    Canada Border Services Agency
    100 Metcalfe Street, 10th Floor
    Ottawa ON  K1A 0L8

    Contact: Robert Cousineau
    Telephone: 613-954-7183
    Facsimile: 613-941-2612
    Email: Robert.Cousineau@cbsa-asfc.gc.ca

    Contact: Patricia Brooks
    Telephone: 613-954-7358
    Facsimile: 613-941-2612
    Email: Patricia.Brooks1@cbsa-asfc.gc.ca

     

References

Issuing Office -

Anti-dumping and Countervailing Program

Legislative References -

Special Import Measures Act , section 3

Headquarters Files -

4261-123

Superseded Memoranda "D" -

D15-2-35, May 11, 2001

Other References -

D15-2-35, May 11, 2001