Canadian Tribunal Makes Preliminary Ruling in Trade Case Against Chinese Pipe Piling
07/05/2012 - The Canadian International Trade Tribunal (CITT) make a split determination in the preliminary results of its findings in a trade case against Chinese pipe piling imports.
The Canadian International Trade Tribunal (CITT) has conducted a preliminary injury inquiry into whether evidence discloses a reasonable indication that the dumping and subsidizing of carbon and alloy steel pipe piles, commonly identified as piling pipe, in outside diameters ranging from 3 1/2 inches up to and including 16 inches (8.9 cm to 40.6 cm) inclusive, in commercial quality and in various forms and finishes, usually supplied to meet ASTM A252, ASTM A500, CSA G.40.21 or comparable specifications or standards, whether single, dual or multiple certified, originating in or exported from the People’s Republic of China have caused injury or retardation or are threatening to cause injury.
This preliminary injury inquiry follows the notification, on 4 May 2012, that the President of the Canada Border Services Agency had initiated an investigation into the alleged injurious dumping and subsidizing of the above-mentioned goods.
The CITT finds that some of the above-mentioned goods are subject to the finding that it made 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.
Those goods are carbon steel welded pipe, in the nominal size range of 3 1/2 inches up to and including 6 inches (89 mm to 168.3 mm) in outside diameter, in various forms and finishes, usually supplied to meet ASTM A252 or equivalent specifications, other than carbon steel welded pipe in the nominal size range of 3 1/2 inches up to and including 6 inches, dual-stenciled to meet the requirements of both specification ASTM A252, Grades 1 to 3, and specification API 5L, with beveled ends and in random lengths, for use as foundation piles.
For greater certainty, the finding made by the CITT in Inquiry No. NQ-2008-001 is in respect of standard pipe, which includes piling 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 A252 or equivalent specifications, originating in or exported from the People’s Republic of China; this same finding excludes carbon steel welded pipe in nominal pipe sizes of 1/2 inch to 6 inches inclusive, dual-stenciled to meet the requirements of both specification ASTM A252, Grades 1 to 3, and specification API 5L, with beveled ends and in random lengths, for use as foundation piles. Thus, carbon steel welded pipe in the nominal size range of 3 1/2 inches up to and including 6 inches (89 mm to 168.3 mm) in outside diameter inclusive, in various forms and finishes, usually supplied to meet ASTM A252 or equivalent specifications, are goods in respect of which the CITT has already made an affirmative injury finding, unless they meet the requirements of the exclusion for certain carbon steel welded pipe for use as foundation piles that was granted by the CITT in Inquiry No. NQ-2008-001.
The CITT hereby concludes that the evidence does not disclose a reasonable indication that the dumping and subsidizing of the above-mentioned goods that it found to be subject to the finding that it made in Inquiry No. NQ-2008-001 have caused injury or retardation or are threatening to cause injury to the domestic industry. Therefore, the CITT hereby terminates the preliminary injury inquiry with respect to those goods.
The CITT hereby determines that there is evidence that discloses a reasonable indication that the dumping and subsidizing of the above-mentioned goods have caused injury or are threatening to cause injury. For greater certainty, those goods include (1) carbon steel welded pipe, in the nominal size range of greater than 6 inches up to and including 16 inches (greater than 16.8 cm to 40.6 cm) in outside diameter, in commercial quality and in various forms and finishes, usually supplied to meet ASTM A252, ASTM A500, CSA G.40.21 or comparable specifications or standards, whether single, dual or multiple certified, originating in or exported from the People’s Republic of China, and (2) carbon steel welded pipe for use as foundation piles, in nominal sizes of 3 1/2 inches up to and including 6 inches (89 mm to 168.3 mm), dual-stenciled to meet the requirements of both specification ASTM A252, Grades 1 to 3, and specification API 5L, with beveled ends and in random lengths, that were excluded from the injury finding made by the CITT in Inquiry No. NQ-2008-001.
