CERTAIN FABRICATED INDUSTRIAL STEEL COMPONENTS

CERTAIN FABRICATED INDUSTRIAL STEEL COMPONENTS
Inquiry No. NQ-2016-004

Order issued
Wednesday, March 29, 2017

TABLE OF CONTENTS

 

IN THE MATTER OF an inquiry, pursuant to section 42 of the Special Import Measures Act, concerning the dumping of fabricated structural steel and plate-work components of buildings, process equipment, process enclosures, access structures, process structures, and structures for conveyancing and material handling, including steel beams, columns, braces, frames, railings, stairs, trusses, conveyor belt frame structures and galleries, bents, bins, chutes, hoppers, ductwork, process tanks, pipe racks and apron feeders, whether assembled or partially assembled into modules, or unassembled, for use in structures for: 1. oil and gas extraction, conveyance and processing; 2. mining extraction, conveyance, storage, and processing; 3. industrial power generation facilities; 4. petrochemical plants; 5. cement plants; 6. fertilizer plants; and 7. industrial metal smelters; but excluding electrical transmission towers; rolled steel products not further worked; steel beams not further worked; oil pump jacks; solar, wind and tidal power generation structures; power generation facilities with a rated capacity below 100 megawatts; goods classified as “prefabricated buildings” under HS Code 9406.00.90.30; structural steel for use in manufacturing facilities used in applications other than those described above; and products covered by Certain Fasteners (RR‑2014‑001), Structural Tubing (RR-2013-001), Carbon Steel Plate (III) (RR-2012-001), Carbon Steel Plate (VII) (NQ-2013-005) and Steel Grating (NQ-2010-002) (the subject goods), originating in or exported from the People’s Republic of China, the Republic of Korea, the Kingdom of Spain, and the subsidizing of the subject goods originating in or exported from the People’s Republic of China.

ORDER

WHEREAS the Canadian International Trade Tribunal (the Tribunal) is required, pursuant to section 42 of the Special Import Measures Act, to make inquiry as to whether the dumping of the subject goods from China, Korea and Spain and the subsidizing of the subject goods from China has caused injury or threatens to cause injury to the domestic industry;

AND WHEREAS, based upon information available to the Tribunal, it appears that Burnco Manufacturing Inc. (Burnco) is a producer of the goods that are the subject of the Tribunal’s inquiry;

AND WHEREAS Burnco was directed to respond to the Tribunal’s Producers’ Questionnaire (available online) on or about February 20, 2017;

AND WHEREAS the Secretariat to the Canadian International Trade Tribunal subsequently attempted to contact or contacted Burnco via email and telephone on several occasions, including on February 24, March 1, March 8, March 10, March 13, March 20, March 23, and March 27, 2017, with respect to revisions to their questionnaire response;

AND WHEREAS Burnco has not provided the information requested by the Tribunal;

AND WHEREAS the Tribunal considers such information to be relevant and important to the conduct of its inquiry;

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;

AND UPON being satisfied that Burnco has or is likely to have information in its possession or control relevant to the Tribunal’s inquiry;

THE TRIBUNAL ORDERS THAT:

  1. A duly authorized representative of Burnco shall deliver to the Tribunal a certified written return of information in fulfilment of the information requirements listed in the attached schedule.
  2. Unless Burnco satisfies the Tribunal in writing before 12:00 p.m. (Eastern Time) on March 30, 2017, 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 12:00 p.m. (Eastern Time) on April 4, 2017. The information may be filed via the Tribunal’s secure E‑filing service at https://apps.citt-tcce.gc.ca/sftapp/CITT/html/transfer_e.html or by email at citt-tcce@tribunal.gc.ca, should the risks associated with this method of transmission be accepted by Burnco, or by sending a hard copy or copy on digital media by courier to the following address:

    The Registrar
    Canadian International Trade Tribunal Secretariat
    333 Laurier Avenue West
    15th Floor
    Ottawa, Ontario  K1A 0G7

    Telephone: 613-993-3595

  3. The information provided by Burnco in fulfilment of the information requirements in the Tribunal’s Producers’ Questionnaire and the attached schedule may be designated as confidential by Burnco in accordance with sections 43 to 49 of the Canadian International Trade Tribunal Act.

Jean Bédard
Jean Bédard
Presiding Member

Rose Ritcey
Rose Ritcey

Member

Serge Fréchette
Serge Fréchette
Member

SCHEDULE

Information Required

  1. Confirmation that the data provided in the questionnaire, other than in Schedule 7 which requests data for all goods produced by your company, only relates to FISC as defined in the product definition. Please note that, for the purposes of the Tribunal’s inquiry, FISC is defined as:

    Fabricated structural steel and plate-work components of buildings, process equipment, process enclosures, access structures, process structures, and structures for conveyancing and material handling, including steel beams, columns, braces, frames, railings, stairs, trusses, conveyor belt frame structures and galleries, bents, bins, chutes, hoppers, ductwork, process tanks, pipe racks and apron feeders, whether assembled or partially assembled into modules, or unassembled, for use in structures for: 1. oil and gas extraction, conveyance and processing; 2. mining extraction, conveyance, storage, and processing; 3. industrial power generation facilities; 4. petrochemical plants; 5. cement plants; 6. fertilizer plants; and 7. industrial metal smelters; but excluding electrical transmission towers; rolled steel products not further worked; steel beams not further worked; oil pump jacks; solar, wind and tidal power generation structures; power generation facilities with a rated capacity below 100 megawatts; goods classified as “prefabricated buildings” under HS Code 9406.00.90.30; structural steel for use in manufacturing facilities used in applications other than those described above; and products covered by Certain Fasteners (RR‑2014‑001), Structural Tubing (RR-2013-001), Carbon Steel Plate (III) (RR-2012-001), Carbon Steel Plate (VII) (NQ-2013-005) and Steel Grating (NQ-2010-002) (the subject goods), originating in or exported from the People’s Republic of China, the Republic of Korea and the Kingdom of Spain [emphasis added].

    Specifically, please also confirm that Schedule 8 relates only to FISC as defined above.

  2. Schedule 2 – Confirm whether delivery costs were included in the net delivered selling values reported. If they were not included, please include them.
  3. Schedule 2 and Schedule 8 – Ensure that the information provided in these two schedules reconciles. In particular, in Schedule 8, assembly costs should only be provided if “Assembled FISC” was sold. (If only “Unassembled FISC” was sold, there should be no assembly costs included in Schedule 8). Schedule 2 refers to the sales of FISC and this is where you should indicate whether your sales were of assembled or unassembled FISC.
  4. Schedule 7 and Schedule 9 – Schedule 7 is the income statement for your total firm (all products together), whereas Schedule 9 is the income statement for domestically produced FISC only. Please ensure that the information provided in these two schedules is correct. Please provide an explanation or revise the numbers, if needed.  
  5. Schedule 8 – There are significant variations in the cost allocations over the period. Please provide an explanation or revise the numbers, if needed. 

Case Number(s)

NQ-2016-004

Attachment(s)

nq2q004a_e.pdf (52.66 KB)

Status

Publication Date

Friday, April 7, 2017

Modification Date

Friday, April 7, 2017