Expiry Reviews (section 76.03)
CARBON STEEL WELDED PIPE
Expiry Review No. RR-2012-003
Friday, May 17, 2013
TABLE OF CONTENTS
IN THE MATTER OF an expiry review, pursuant to subsection 76.03(3) of the Special Import Measures Act, of the finding made by the Canadian International Trade Tribunal on August 20, 2008, 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 the People's Republic of China.
WHEREAS the Canadian International Trade Tribunal (the Tribunal) is required, pursuant to subsection 76.03(10) of the Special Import Measures Act and as a result of the determination by the Canada Border Services Agency that the expiry of the aforementioned finding is likely to result in a continuation or resumption of dumping and subsidizing, to determine whether the expiry of the aforementioned finding is likely to result in injury or retardation to the domestic industry;
AND WHEREAS the Tribunal, on December 5, 2012, and May 8, 2013, requested Quali-T-Groupe ULC (Quali-T-Groupe) to complete the Expiry Review Questionnaire – Canadian Producer;
AND WHEREAS, on the basis of information available to the Tribunal, it appears that Quali-T-Groupe is a significant producer of the goods that are the subject of the Tribunal's expiry review;
AND WHEREAS Quali-T-Groupe has not provided information requested by the Tribunal in its questionnaire request;
AND WHEREAS the Tribunal considers such information to be relevant and important to the conduct of its expiry review;
AND WHEREAS, pursuant to subsection 17(2) of the Canadian International Trade Tribunal Act, the Tribunal has, as regards the production and inspection of documents, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are vested in a superior court of record;
UPON the Tribunal's own motion;
AND UPON being satisfied that Quali-T-Groupe has or is likely to have information in its possession or control relevant to the Tribunal's expiry review;
THE TRIBUNAL ORDERS THAT:
1. A duly authorized representative of Quali-T-Groupe shall make and deliver to the Tribunal a written return of information under oath or solemn affirmation in fulfilment of the information requirements listed in the attached schedule.
2. Unless Quali-T-Groupe attends before the Tribunal by 12:00 p.m. on May 21, 2013, and satisfies the Tribunal that this order should not have been issued or that the required information cannot reasonably be provided, the required information is to be received no later than close of business (5:00 p.m. Eastern Time) on May 22, 2013, at the office of the Secretary of the Tribunal at the following address:
Canadian International Trade Tribunal
333 Laurier Avenue West
3. The information provided by Quali-T-Groupe in fulfilment of the information requirements listed in the attached schedule may be designated as confidential by Quali-T-Groupe in accordance with sections 43 to 49 of the Canadian International Trade Tribunal Act.
Stephen A. Leach
Stephen A. Leach
A complete response to the Expiry Review Questionnaire – Canadian Producer sent to Mr. G. Talarico of Quali-T-Groupe on May 8, 2013.