CUSTOMS NOTICE N-018

Ottawa, December 28, 1995

Certain Solder Joint Pipe Fittings Originating in or Exported from the United States of America

This is to advise that the re-investigation initiated on September 12, 1995, pursuant to the Special Import Measures Act (SIMA), has been concluded.

The re-investigation is part of the Department's enforcement of the Canadian International Trade Tribunal's injury finding of October 18, 1993, respecting certain solder joint pressure pipe fittings and solder joint drainage, waste and vent pipe fittings, made of cast copper alloy, wrought copper alloy or wrought copper, in diameters up to 6 inches and the metric equivalent, for use in heating and plumbing applications, originating in or exported from the United States of America and produced by or on behalf of Elkhart Products Corporation, Elkhart, Indiana, Nibco Inc., Elkhart, Indiana and Mueller Industries, Inc., Wichita, Kansas, their successors and assigns.  The finding provided for a number of exclusions, a complete list of which can be obtained by contacting one of the officers listed below.

The subject goods are normally imported into Canada under one of the following 10 digit Harmonized System classification numbers:

7412.10.00.11 7412.20.00.12
7412.10.00.19 7412.20.00.19
7412.10.00.20 7412.20.00.20
7412.10.00.90 7412.20.00.90
7412.20.00.11

The revised normal values will be effective for the subject goods released from Revenue Canada on or after September 1, 1995.  The exporters of the subject goods have been notified of the new values.

The normal values for subject solder joint pipe fittings, for which sufficient information to establish specific normal values was not provided by the exporter, will be determined by ministerial specification on the basis of the export price advanced by 133 per cent.

In instances where the normal value of the imported goods exceeds the export price, anti-dumping duties are payable by the importer. If importers do not agree with the Department's determinations, requests for re-determinations may be filed with the Director General, Anti-dumping and Countervailing Directorate, Ottawa, Ontario, K1A 0L5. These requests must be filed in the form and manner outlined in Memorandum D14-1-3, Redetermination of Goods under Special Import Measures Act, and received within 90 days from the date of the determination.

In addition, where there are changes to domestic prices, market conditions and/or costs associated with production or sales of the subject goods, the onus is on the concerned parties to advise the Department.  When substantial changes occur and the Department has not been advised in writing and in a timely manner, or the required information to make any necessary adjustments to values has not been provided, retroactive assessments will be applied where in the opinion of the Director General such action is warranted.  In such circumstances, the only limitation to such retroactivity will be the statutory limitations within SIMA.  

Any questions concerning the above should be directed to:

Anti-dumping and Countervailing Directorate
Trade Administration Branch
Revenue Canada
19th floor
Sir Richard Scott Building
191 Laurier Avenue West
Ottawa ON  K1A 0L5

Attention:
L. Nadon (613) 954-7383
M. Hollins (613) 954-7374
Facsimile (613) 954-2510