The Canada Border Services Agency (CBSA) has initiated a re-investigation to update the normal values and export prices of certain concrete reinforcing bars (rebars) originating in or being exported from Turkey.

The re-investigation is in accordance with the Special Import Measures Act (SIMA) and is part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s (CITT) order issued October 14, 2020 in Expiry Review No. RR-2019-003.

You can read the full Measure in Force here

It includes the product definitions and exclusions, and tariff classification numbers of the goods that are subject to the CITT’s order.

Normal values that are established during this re-investigation will be effective for the subject goods released from the CBSA on or after the date of the conclusion of the re-investigation, and will also be applied to any entries of subject goods under appeal at the time that the re-investigation concludes. Normal values currently in place will expire on that date.

Exporters that wish to participate in this re-investigation are required to provide a complete and accurate response to the CBSA’s Request for Information (RFI) by October 17, 2022.

In the course of this re-investigation, the CBSA will also be investigating allegations that a Particular Market Situation exists in the Turkish rebar sector and with respect to each of the Turkish rebar exporters, due to the alleged use of inputs of Russian origin, whose costs were allegedly abnormally impacted by international sanctions.

Interested parties are encouraged to submit information and comments on this matter by October 17, 2022.

A complete listing of dates of interest is available on the re-investigation schedule

Exporters will be considered “cooperative” if the requested information is submitted on time and verification of the data is permitted.

However, exporters who fail to provide sufficient information to determine specific normal values, or who doesn’t permit verification of the information submitted in response to an RFI will be assessed anti-dumping duties at a rate of 41%. This figure represents a percentage of the export price of the subject goods imported into Canada pursuant to section 29 of SIMA.

Exporters that are not the manufacturer of the subject goods (e.g. trading companies, vendors, etc.) will receive their own normal values only to the extent that their suppliers/manufacturers provide sufficient information to permit the determination of normal values and export prices.

For the current re-investigation, the CBSA is contacting all known and potential exporters. It is advising any importers or exporters who wish to provide a response to the RFI to contact the CBSA to obtain a copy of the RFI.

Where applicable, the normal values and export prices determined as a result of this re-investigation may be applied retroactively. Exporters with normal values are required to promptly inform the CBSA in writing of changes to domestic prices, costs, market conditions or terms of sale associated with the production and sales of the goods.

Where there are increases in domestic prices, and/or costs as noted above, the export price for sales to Canada should be increased accordingly to ensure that any sale made to Canada is not only above the normal value but at or above selling prices and full costs and profit of the goods in the exporter’s domestic market.

If exporters did not properly notify the CBSA of any such changes, did not adjust export prices accordingly, or did not provide the information required to make any necessary adjustments to normal values and export prices, retroactive assessments of anti-dumping duty may be warranted.

Get full details of the CBSA’s re-investigation and normal value review policy at Memorandum D14-1-8.

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