Canada Border Services Agency

Canada Border Services Agency

March 04, 2013 15:15 ET

The CBSA Initiates Investigations Into the Dumping and Subsidizing of Certain Unitized Wall Modules

OTTAWA, ONTARIO--(Marketwire - March 4, 2013) - The Canada Border Services Agency (CBSA) announced today that it is initiating investigations into the alleged injurious dumping and subsidizing of certain unitized wall modules originating in or exported from the People's Republic of China.

The investigations follow a complaint filed by Allan Window Technologies (Concord, Ontario), Ferguson Neudorf (Beamsville, Ontario), Flynn Canada Ltd. (Mississauga, Ontario), Inland Glass & Aluminum Ltd./Aluminum Curtainwall Systems Inc. (Kamloops, British Columbia), Oldcastle Building Envelope (Concord, Ontario), Sota Glazing Inc. (Brampton, Ontario), Starline Architectural Windows Ltd. (Langley, British Columbia), State Window Corporation (Concord, Ontario), Toro Aluminum/Toro Glasswall Inc. (Concord, Ontario) and Windsor Glass Company (1992) Ltd. operating as Contract Glaziers (Windsor, Ontario) respecting the alleged injurious dumping and subsidizing of certain unitized wall modules originating in or exported from the People's Republic of China.

This complaint represents the second attempt by the Canadian industry to seek protection against the importations in question. An initial complaint was filed on May 24, 2012 and resulted in the CBSA initiating dumping and subsidizing investigations on July 16, 2012. As part of the proceedings, the Canadian International Trade Tribunal (Tribunal) subsequently conducted a preliminary injury inquiry and on September 14, 2012 concluded that the evidence did not disclose injury to the Canadian industry and terminated the inquiry.

This new complaint addresses the injury deficiencies identified in the Tribunal's previous preliminary injury decision and the CBSA is satisfied that there is a reasonable indication of injury.

The complainants allege that the dumping and subsidizing of unitized wall modules is harming Canadian producers by causing reduced market share, lost sales /orders, price depression/suppression, reduced capacity utilization, reduced employment and reduced profits.

Dumping occurs when goods are sold to importers in Canada at prices that are less than their selling prices in the exporter's domestic market or at unprofitable prices. Subsidizing occurs when goods imported into Canada benefit from foreign government financial assistance. The Special Import Measures Act protects Canadian producers from the damaging effects of such unfair trade.

The Tribunal will begin another preliminary inquiry to determine whether the imports are harming Canadian producers and will issue a decision by May 3, 2013. While the Tribunal is examining the question of injury, the CBSA will investigate whether the imports are being dumped and/or subsidized, and will make a preliminary decision by June 3, 2013.

Should the CBSA make a preliminary determination of dumping and/or subsidizing, the investigations will be continued for the purpose of making a final decision within 90 days after the date of the preliminary determination. If the CBSA's investigations reveal that imports of the subject goods have not been dumped or subsidized, that the margin of dumping or amount of subsidy is insignificant or that the actual and potential volume of dumped or subsidized goods is negligible, the investigations will instead be terminated.

Although duties to counteract the dumping and subsidizing are normally only applied to goods released on or after the date of the CBSA's preliminary determination(s), if the Tribunal determines that an unusually large increase in harmful imports has occurred prior to the CBSA's decision and that the retroactive application of anti-dumping or countervailing duty is therefore justified, duty could be levied on the goods brought into Canada as of today.

A copy of the statement of reasons, which provides more details about these investigations, will be available on the CBSA's Web site at within 15 days. More information on the CBSA's Anti-dumping and Countervailing Directorate or the Special Import Measures Act can also be found on this site.

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