July 17, 2012 – The Canada
Border Services Agency announced today that it is initiating
investigations into the alleged injurious dumping and subsidizing of
certain unitized wall modules originating in or exported from China. The investigations follow a complaint filed by Allan Window
Technologies of Concord, Ont., Ferguson Neudorf Glass of
Beamsville, Ont., Flynn Canada of Mississauga, Ont., Inland
Glass & Aluminum of Kamloops, B.C., Oldcastle
Building Envelope of Concord, Ont., Sota Glazing of Brampton,
Ont., Starline Architectural Windows of Langley, B.C. and Toro Aluminum of Concord, Ont.
July 17, 2012 – The Canada
Border Services Agency announced today that it is initiating
investigations into the alleged injurious dumping and subsidizing of
certain unitized wall modules originating in or exported from China. The
investigations follow a complaint filed by Allan Window
Technologies of Concord, Ont., Ferguson Neudorf Glass of
Beamsville, Ont., Flynn Canada of Mississauga, Ont., Inland
Glass & Aluminum of Kamloops, B.C., Oldcastle
Building Envelope of Concord, Ont., Sota Glazing of Brampton,
Ont., Starline Architectural Windows of Langley, B.C. and Toro Aluminum
of Concord, Ont.
The complainants allege that the dumping and subsidizing of these
goods are harming Canadian production by causing the following: lost
sales, price erosion, price suppression, reduced profitability, loss of
market share, reduced employment and underutilization of capacity.
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 Canadian International Trade Tribunal will now begin a preliminary inquiry to determine whether
the imports are harming Canadian producers and will issue a decision by
September 14, 2012. 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 October 15,
2012.
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.
Duties to counteract dumping and subsidizing are normally only
applied to goods released on or after the date of the CBSA’s
preliminary determination(s). However, 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 www.cbsa.gc.ca/sima-lmsi 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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