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25 Sept 2009
Miscellaneous Canadian and Latin American AD Actions on Chinese Products

Brazil Imposes Dumping Duties on Chinese Footwear, Tyres and Syringes. Brazil has issued a preliminary affirmative determination in its antidumping investigation of mainland Chinese footwear classified under HS headings 6402 through 6405, imposing AD duties of US$12.47 per pair on imports of subject merchandise during the six-month period beginning 9 September. A range of items are excluded from the scope of this action, including certain sandals of subheading 6402.20.00; ski/snowboard boots and footwear of subheadings 6402.12.00 and 6403.12.00; certain leather footwear of subheading 6403.20.00; certain footwear used in a specific sporting activity, including footwear for skating, wrestling, boxing and cycling; slippers; dance shoes; disposable footwear; baby’s/infants’ footwear with uppers of 100 percent textile materials; footwear with uppers and a sole of 100 percent textile materials; and certain anti-static footwear.

Separately, Brazil has issued final affirmative determinations in its AD investigations of (1) new pneumatic rubber tyres of a kind used in passenger cars, of radial construction, of series 65 and 70, with a wheel arch of 13 or 14 inches, with bands of 165, 175 and 185, classified under NCM 4011.10.00; and (2) general-use disposable plastic syringes, with a capacity of one, three, five, 10 or 20 millilitres, with or without a needle, classified under NCM 9018.31.11 and 9018.31.19.

Imports of subject tyres will be assessed an AD duty of US$0.75 per kilogram, although Brazil has decided to suspend for a six-month period (though 8 March 2010) the application of this measure with respect to tyres with a wheel arch of 13 inches imported by domestic manufacturers of passenger cars. In the proceeding involving disposable plastic syringes, Brazil has imposed an AD duty of US$7.73/kg on subject merchandise produced by Shanghai Kindly Enterprise Development Group Co. Ltd. and an AD duty of US$10.67/kg on subject merchandise produced by all other mainland Chinese companies. The following syringes are excluded from the scope of this measure: (i) disposable insulin syringes; (ii) disposable syringes pre-filled with a saline or heparin solution; (iii) disposable safety syringes; and (iv) disposable reuse prevention syringes.

Argentina Issues Preliminary Dumping Determinations on Certain Fabrics and Organic Colouring Matter from China. Argentina’s Ministry of Production has issued separate preliminary affirmative determinations in its AD investigations of the following products from mainland China: (1) certain synthetic organic colouring matter classified under NCM 3204.12.10, 3204.14.00 and 3204.17.00; and (2) plain weave fabrics of synthetic filament yarn containing 85 percent or more by weight of polyester filaments, unbleached, bleached, dyed, yarn-dyed or printed, non-textured or containing 50 percent or less of textured yarn by weight, with a width between 260 and 380 centimetres, classified under NCM 5407.61.00 and 5407.69.00. The ministry established a minimum FOB price of US$17.60 per kilogram for imports of subject merchandise in the fabric investigation. In the colouring matter proceeding, the ministry established a minimum FOB price of US$5.36 per kilogram for imports of subject merchandise classified under NCM 3204.14.00, a minimum FOB price of US$10.56/kg on imports of subject merchandise classified under NCM 3204.12.10, and a minimum FOB price of US$8.38/kg on imports of subject merchandise classified under NCM 3204.17.00. While imports of lower-valued items are allowed, importers are required to guarantee payment of the difference in each of those circumstances. The preliminary dumping duties on subject fabric entered into force on 9 September while the duties on subject colouring matter became effective on 16 September. These measures will remain in force for four months.

Argentina Initiates AD Investigations on Plastic Syringes and Certain Pumps, Changed Circumstances Review of AD Duty Order on Measuring Tapes. Argentina’s Department of Industry, Commerce and Small and Medium Enterprises has initiated separate AD investigations of mainland Chinese (1) disposable, sterile hypodermic syringes of plastic materials, with or without a needle, of a volume ranging from one to 60 cubic centimetres, classified under NCM 9018.31.11 and 9018.31.19; and (2) certain non-submersible self-feeding centrifugal electric pumps classified under NCM 8413.70.80 and 8413.70.90. Interested parties may submit evidence and information related to these investigations by 29 September. Argentinean Customs will begin requiring certificates of origin for subject merchandise from 10 December.

Separately, Argentinean authorities have began a changed circumstances review of the AD duty order on mainland Chinese measuring tapes classified under NCM 9017.80.10, except folding tapes, tapes used for tailoring and non-metallic tapes used for anatomical measuring. This order has been in place since May 2007 and imposes a minimum FOB price of US$0.60 per unit on imports of subject merchandise.

Canada Makes Determination in AD Sunset Review of Fasteners. The Canada Border Services Agency has issued a final affirmative dumping determination in its expiry review of the AD duty order on certain mainland Chinese carbon steel fasteners classified under HTSCA 7318.11.0000, 7318.12.0000, 7318.14.0000, 7318.15.9011, 7318.15.9012, 7318.15.9021, 7318.15.9029, 7318.15.9031, 7318.15.9032, 7318.15.9039 and 7318.15.9044. If the Canadian International Trade Tribunal issues an affirmative injury determination, this AD duty order will be renewed for an additional five years. If, on the contrary, the CITT issues a negative determination, the order will be rescinded. The CITT determination is expected by 6 January 2010.