On January 25, 2018, pursuant to the Special Import Measures Act (SIMA), the Canada Border Services Agency (CBSA) issued a preliminary determination that imports of certain copper pipe fittings originating in or exported from the Socialist Republic of Vietnam (Vietnam) are being sold in Canada at unfair and subsidized prices. The CBSA’s Statement of Reasons will be issued by February 9, 2018.

The copper pipe fittings at issue are usually classified under the following Harmonized System (HS) codes:

• 7412.10.00.11
• 7412.10.00.19
• 7412.10.00.90
• 7412.20.00.11
• 7412.20.00.12
• 7412.20.00.19
• 7412.20.00.90

Provisional duties are now being applied to the subject goods released from customs on or after January 25, 2018. The total provisional duties payable by Hailiang (Vietnam) Metal Products Co Ltd, the sole exporter of subject goods originating in or exported from Vietnam, are 163.7% of the export price (159% estimated margin of dumping and 4.7% amount of subsidy). The Canadian International Trade Tribunal preliminarily determined, on January 11, 2018, that the evidence adduced in the Complaint discloses a reasonable indication that imports are harming the domestic industry.

The inquiry continues and the CBSA will issue its final determination by April 25, 2018, with a Statement of Reasons to follow by May 10, 2018.

Tereposky & DeRose regularly provides advice on Canadian anti-dumping and countervailing matters.  Should you have any questions regarding this matter or anti-dumping and countervailing issues more generally, we are at your disposal.