Canadian International Trade Tribunal

Canadian International Trade Tribunal

August 03, 2012 16:57 ET

Notice of Commencement of Inquiry

Steel piling pipe

OTTAWA, ONTARIO--(Marketwire - Aug. 3, 2012) - Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on August 2, 2012, from the Acting Director General of the Anti-dumping and Countervailing Directorate at the Canada Border Services Agency (CBSA), stating that preliminary determinations have been made respecting the dumping and subsidizing of carbon and alloy steel pipe piles, commonly identified as piling pipe, in outside diameter ranging from 3 1/2 inches up to and including 16 inches (8.9 cm to 40.6 cm) inclusive, in commercial quality and in various forms and finishes, usually supplied to meet ASTM A252, ASTM A500, CSA G.40.21 or comparable specifications or standards, whether single, dual or multiple certified, originating in or exported from the People's Republic of China (China).

Pursuant to section 42 of the Special Import Measures Act (SIMA), the Tribunal has initiated an inquiry to determine whether the dumping and subsidizing of the above-mentioned goods have caused injury or retardation or are threatening to cause injury, and to determine such other matters as the Tribunal is required to determine under that section.

Each person or government wishing to participate in the inquiry and at the hearing as a party must file a notice of participation with the Secretary on or before August 16, 2012. Each counsel who intends to represent a party in the inquiry and at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before August 16, 2012.

REQUEST FOR SUBMISSIONS ON THE ISSUE OF OVERLAP OF PRODUCT DEFINITIONS

On July 3, 2012, the Tribunal made a preliminary determination of injury and terminated the preliminary injury inquiry with respect to some of the subject goods.

On July 3, 2012, the Tribunal found that some of the above-mentioned goods were subject to the finding that it made, pursuant to subsection 43(1) of SIMA, in Inquiry No. NQ-2008-001, concerning the dumping and subsidizing of carbon steel welded pipe, commonly identified as standard pipe, in the nominal size range of 1/2 inch up to and including 6 inches (12.7 mm to 168.3 mm) in outside diameter inclusive, in various forms and finishes, usually supplied to meet ASTM A53, ASTM A135, ASTM A252, ASTM A589, ASTM A795, ASTM F1083 or commercial quality, or AWWA C200-97 or equivalent specifications, including water well casing, piling pipe, sprinkler pipe and fencing pipe, but excluding oil and gas line pipe made to API specifications exclusively, originating in or exported from China.

Those goods are carbon steel welded pipe, in the nominal size range of 3 1/2 inches up to and including 6 inches (89 mm to 168.3 mm) in outside diameter, in various forms and finishes, usually supplied to meet ASTM A252 or equivalent specifications, other than carbon steel welded pipe in the nominal size range of 3 1/2 inches up to and including 6 inches, dual-stencilled to meet the requirements of both specification ASTM A252, Grades 1 to 3, and specification API 5L, with bevelled ends and in random lengths, for use as foundation piles.

Pursuant to paragraph 35(1)(b) of SIMA, the Tribunal concluded that the evidence did not disclose a reasonable indication that the dumping and subsidizing of the above-mentioned goods that it found to be subject to the finding that it made in Inquiry No. NQ-2008-001 had caused injury or retardation or were threatening to cause injury to the domestic industry. Therefore, pursuant to paragraph 35(3)(a) of SIMA, the Tribunal terminated the preliminary injury inquiry with respect to those goods.

In its statement of reasons for the preliminary injury inquiry issued on July 18, 2012, the Tribunal further noted that there was insufficient evidence on the record to determine with certainty the precise scope or extent of the overlap between the subject goods and the steel products which are covered by the Tribunal's finding in Inquiry No. NQ-2008-001 and, potentially, with goods subject to other orders or findings. In this connection, the Tribunal stated that, to the extent that there is a possibility that a broader subset of subject goods is already subject to anti-dumping or countervailing duties as a result of being subject to existing orders or findings, it was the Tribunal's intention to establish a process whereby it could reach an early decision on this issue during the final injury inquiry stage.

Accordingly, in order to make an early decision on the issue of the extent of the product overlap between the subject goods and steel products which are covered by existing Tribunal orders or findings, the Tribunal is inviting interested parties to file submissions specifically on this issue.

In particular, the parties are asked to present facts and arguments on the following:

  • whether the subject goods are also covered by the Tribunal's finding in Inquiry No. NQ-2008-001;
  • whether the subject goods are also covered by the Tribunal's finding in Inquiry No. NQ-2007-001;
  • whether the subject goods are also covered by the Tribunal's finding in Inquiry No. NQ-2009-004;
  • whether the subject goods are also covered by any other Tribunal order or finding; and
  • whether and how goods already covered by any Tribunal order or finding could be a cause of injury to the domestic industry.

And, if so, to identify the extent of the overlap, including the following:

  1. specific and detailed product language
    • detailed product description and Canadian tariff classification number;
  2. a summary of the reasons for this conclusion;
  3. citations to any applicable statutory authority and excerpts from relevant jurisprudence; and
  4. attachment of any factual information or documentary evidence in support of their position in this regard.

Parties filing submissions on the issue of product overlap are required to file 10 copies of their submissions with the Tribunal no later than noon, on August 21, 2012. Parties wishing to respond to these submissions are required to file 10 copies of their reply submissions with the Tribunal no later than noon, on August 27, 2012. Parties are required to serve all submissions on the Tribunal, counsel and parties of record simultaneously. The service list will be provided. The Tribunal will render its decision on the issue of product overlap no later than September 10, 2012.

REQUEST FOR SUBMISSIONS ON LIKE GOODS

In its statement of reasons for the preliminary injury inquiry issued on July 18, 2012, the Tribunal found, on the basis of the evidence on the record at that time, that steel piling pipe produced by the domestic industry were "like goods" in relation to the subject goods. The Tribunal stated that the question as to whether there was merit to expand the definition of the "like goods" to include certain oil country tubular goods, line pipe and standard pipe, which may be used in piling applications, was an issue that would need to be fully addressed in the context of a final injury inquiry.

In order to make an early decision on this issue, the Tribunal is also inviting interested parties to file submissions specifically on this issue.

In making their submissions on like goods, the parties are asked to present facts and arguments on the following issues:

  • whether certain carbon steel welded pipe, in the nominal size range of 3 1/2 inches up to and including 6 inches (89 mm to 168.3 mm) in outside diameter, in various forms and finishes, usually supplied to meet ASTM A252 or equivalent specifications, other than carbon steel welded pipe in the nominal size range of 3 1/2 inches up to and including 6 inches, dual-stencilled to meet the requirements of both specification ASTM A252, Grades 1 to 3, and specification API 5L, with bevelled ends and in random lengths, for use as foundation piles, constitutes like goods in relation to the subject goods;
  • whether tubular goods (such as oil country tubular goods API-5CT) constitute like goods in relation to the subject goods;
  • whether line pipe (such as API-5L) constitutes like goods in relation to the subject goods;
  • whether standard pipe (such as ASTM A53) constitutes like goods in relation to the subject goods; and
  • whether there are other steel pipe products (that can potentially be substituted for, compete with, or have the same end uses as steel piling pipe; for example, pipe products that are produced to higher standards than steel piling pipe and for other applications, that can potentially be substituted for, compete with, or have the same end uses as steel piling pipe) that constitute like goods in relation to the subject goods.

Parties are also asked to address factors that the Tribunal should examine in considering the questions of like goods, as well as classes of goods, including the following:

  • the physical characteristics of the goods (such as composition and appearance);
  • the market characteristics of the goods (such as substitutability [addressing any technical limitations to that substitutability], pricing [including how price is determined, relative price levels, and whether relative prices influence the extent of substitutability] and distribution channels and end uses);
  • whether the goods fulfil the same customer needs; and
  • any other relevant factors.

Furthermore, the Tribunal requests that parties support their submissions with clear and detailed product descriptions, information and evidence, such as letters from customers that use different types of steel piling pipe, certain carbon steel welded pipe, oil country tubular goods, line pipe, standard pipe, and other steel pipe products that can potentially be substituted for, compete with, or have the same end uses as steel piling pipe, price lists, documents describing the physical characteristics of the goods, documents indicating the different end uses for steel piling pipe and certain carbon steel welded pipe, oil country tubular goods, line pipe, standard pipe and other steel pipe products that can potentially be substituted for, compete with, or have the same end uses as steel piling pipe, and documents indicating the type of steel piling pipe, carbon steel welded pipe, oil country tubular goods, line pipe, standard pipe and other steel pipe products that can potentially be substituted for, compete with, or have the same end uses as steel piling pipe, to be used for each end-use application.

Parties filing submissions on the issue of like goods are required to file 10 copies of their submissions with the Tribunal no later than noon, on August 21, 2012. Parties wishing to respond to these submissions are required to file 10 copies of their reply submissions with the Tribunal no later than noon, on August 27, 2012. Parties are required to serve all submissions on the Tribunal, counsel and parties of record simultaneously. The service list will be provided. The Tribunal will render its decision on like goods no later than September 10, 2012.

A public hearing relating to this inquiry will be held in the Tribunal's Hearing Room No. 1, 18th Floor, 333 Laurier Avenue West, Ottawa, Ontario, commencing the 29th day of October 2012, at 9:30 a.m.

In accordance with section 46 of the Canadian International Trade Tribunal Act, a person who provides information to the Tribunal and who wishes some or all of the information to be kept confidential must submit to the Tribunal, at the time the information is provided, a statement designating the information as confidential, together with an explanation as to why that information is designated as confidential. Furthermore, the person must submit a non-confidential edited version or summary of the information designated as confidential or a statement indicating why such a summary cannot be made.

Written submissions, correspondence and requests for information regarding this matter should be addressed to the Secretary, Canadian International Trade Tribunal, 15th Floor, 333 Laurier Avenue West, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (facsimile), secretary@citt-tcce.gc.ca (e-mail).

Further details regarding this inquiry, including the schedule of key events, are contained in the documents entitled "Additional Information" and "Inquiry Schedule" appended to the notice of commencement of inquiry available on the Tribunal's Web site at www.citt-tcce.gc.ca.

Dominique Laporte

Secretary

Dated at Ottawa, Ontario

this 3rd day of August 2012

Inquiry No. NQ-2012-002

ADDITIONAL INFORMATION

BACKGROUND INFORMATION

On August 2, 2012, the Tribunal received notice from the Acting Director General of the Anti-dumping and Countervailing Directorate at the CBSA, stating that preliminary determinations have been made respecting the dumping and subsidizing of carbon and alloy steel pipe piles, commonly identified as piling pipe, in outside diameter ranging from 3 1/2 inches up to and including 16 inches (8.9 cm to 40.6 cm) inclusive, in commercial quality and in various forms and finishes, usually supplied to meet ASTM A252, ASTM A500, CSA G.40.21 or comparable specifications or standards, whether single, dual or multiple certified, originating in or exported from the People's Republic of China.

Pursuant to section 42 of SIMA, the Tribunal will now determine whether the dumping and subsidizing of the above-mentioned goods have caused injury or retardation or are threatening to cause injury, and to determine such other matters as the Tribunal is required to determine under that section.

Along with the notice of commencement of inquiry, the Secretary has sent a letter to the domestic producers, importers, foreign producers and certain purchasers with a known interest in the inquiry providing details on the procedures, as well as the schedule for the inquiry. Copies of all the questionnaires can be downloaded from the Tribunal's Web site at www.citt-tcce.gc.ca/question/index_e.asp.

REQUESTS FOR PRODUCT EXCLUSIONS

The Tribunal's Guide to Making Requests for Product Exclusions, which can be found on the Tribunal's Web site at www.citt-tcce.gc.ca, describes the procedure for filing requests for specific product exclusions. This guide also includes a form for filing requests for product exclusions and a form for any party that opposes a request to respond to such requests. This does not preclude parties from making submissions in a different format if they so wish, provided all the information and supporting documentation requested in the forms are included. Please see the attached schedule for the filing deadlines for the product exclusion process.

REQUESTS FOR A PUBLIC INTEREST INQUIRY

In the event of an injury finding, a request for a public interest inquiry conducted pursuant to subsection 45(1) of SIMA may be made by any party to the injury inquiry or by any other group or person affected by the injury finding. Such a request must be filed with the Tribunal within 45 days of an injury finding. A public interest inquiry is completely separate from an injury inquiry. The Tribunal is not seeking and does not expect submissions on public interest issues during the injury inquiry.

PROCEDURE FOR FILING WITH THE TRIBUNAL

Parties and the public may file documents electronically with the Tribunal through its Secure E-filing Service at www.citt-tcce.gc.ca/apps/index_e.asp. The information is fully encrypted from the sender to the Tribunal.

Parties must still file paper copies when instructed to do so. Where a party is required to file hard copies, the electronic version and the hard-copy version must be identical. In case of discrepancies, the hard-copy version will be considered the original.

PUBLIC HEARING

The Tribunal will hold a public hearing relating to this expiry review in the Tribunal's Hearing Room No. 1, 18th Floor, 333 Laurier Avenue West, Ottawa, Ontario, commencing on the 29th day of October 2012, at 9:30 a.m.

OTHER INFORMATION

The Canadian International Trade Tribunal Rules govern these proceedings.

Written and oral communication with the Tribunal may be in English or in French.

In order to observe and understand production processes, the Tribunal, accompanied by its staff, may conduct plant visits.

At the end of these proceedings, the Tribunal will issue a decision supported by a summary of the case, a summary of the arguments and an analysis of the case. The decision will be posted on its Web site and distributed to the parties and interested persons, as well as to organizations and persons that have registered to receive decisions of the Tribunal.

Inquiry No. NQ-2012-002

INQUIRY SCHEDULE

August 3, 2012 Distribution of notice of commencement of inquiry and schedule
Questionnaires available on Tribunal's Web site
August 16, 2012 Notices of participation and representation, declarations and undertakings
August 21, 2012 Submissions on issue of overlap of product definitions and on issue of like goods
August 27, 2012 Replies to submissions on issue of overlap of product definitions and on issue of like goods
Replies to all questionnaires
September 10, 2012 Tribunal decision on issue of overlap of product definitions and on issue of like goods
September 24, 2012 Distribution of Tribunal exhibits, including the pre-hearing staff report
September 24 to October 2, 2012 Requests for information (RFIs)
October 1, 2012, by noon Requests for product exclusions
October 2, 2012, by noon Cases of parties supporting a finding of injury
October 5, 2012 Objections to RFIs
October 9, 2012, by noon Responses to requests for product exclusions
October 10, 2012 Tribunal decisions on RFIs
Cases of parties opposing a finding of injury
October 17, 2012, by noon Replies to RFIs
Replies to responses to requests for product exclusions
October 18, 2012, by noon Reply submissions of parties supporting a finding of injury
October 29, 2012 Public hearing
November 30, 2012 Finding issued
December 17, 2012 Statement of reasons issued

Contact Information