Expiry Review No. RR-2003-002
25 September 2003
Expiry Review No. RR-2003-002
Certain Flat Hot-rolled Carbon and Alloy Steel Sheet Products
The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that it will, pursuant to subsection 76.03(3) of the Special Import Measures Act (SIMA), initiate an expiry review of its finding made on July 2, 1999, in Inquiry No. NQ-98-004, concerning flat hot-rolled carbon and alloy steel sheet and strip, including secondary or non-prime material, originating in or exported from France, Romania, the Russian Federation and the Slovak Republic, in various widths from ¾ in. (19 mm) and wider, and (a) for product in coil form, in thicknesses from 0.054 in. to 0.625 in. (1.37 mm to 15.88 mm) inclusive, (b) for product that is cut-to-length, in thicknesses from 0.054 in. up to but not including 0.187 in. (1.37 mm up to but not including 4.75 mm), excluding stainless steel sheet and strip and excluding flat hot-rolled, cut-to-length alloy steel products containing no less than 11.5 percent manganese, in thicknesses from 3 mm to 4.75 mm.
Also excluded is hot-rolled steel sheet in coil, mill-edge/slit-edge, with hardenable manganese-boron steel for heat treatment, manufactured to the "Solbor 30MnB5" specification, or equivalent, and imported into Canada under classification Nos. 7226.91.90.90 and 7225.30.90.00, for use in the manufacture of agricultural disks and sweeps. The chemical requirements of the "Solbor 30MnB5" specification include the following elements: 0.27-0.33% carbon; 1.15-1.45% manganese; max. 0.015% phosphorus; max. 0.005% sulphur; 0.200-0.300% silicon; min. 0.020% aluminum; 0.0010-0.0040% boron; various proprietary combinations of titanium, chromium, nitrogen, copper and nickel, with copper and nickel not to exceed 0.15%. The "Solbor 30MnB5" specification must also be treated to produce a minimum of 80% globular sulphide inclusions and calcium must be the primary element used for inclusion shape control, with a typical range of 0.002-0.005%. If cerium is used for sulphide inclusion shape control, the cerium/sulphur ratio must be 3.0 minimum. Use of zirconium for sulphide inclusion shape control is not permissible.
Notice of Expiry No. LE-2003-003, issued on August 5, 2003, informed interested persons and governments of the impending expiry of the finding. On the basis of available information, including representations requesting or opposing the initiation of an expiry review and responses to these representations received by the Tribunal in reply to the notice, the Tribunal is of the opinion that a review of the finding is warranted. The Tribunal has notified the Commissioner of the Canada Customs and Revenue Agency (the Commissioner), as well as other interested persons and governments, of its decision.
The Tribunal has issued a Draft Guideline on Expiry Reviews that can be found on the Tribunal's Web site at www.citt-tcce.gc.ca. In this expiry review, the Commissioner must determine whether the expiry of the finding in respect of certain flat hot-rolled carbon and alloy steel sheet products is likely to result in the continuation or resumption of dumping of the goods.
If the Commissioner determines that the expiry of the finding in respect of any goods is likely to result in the continuation or resumption of dumping, the Commissioner will provide the Tribunal with the information that is required under the Canadian International Trade Tribunal Rules.
The Tribunal will then conduct an inquiry to determine if the continued or resumed dumping is likely to result in material injury or retardation. If the Commissioner determines that the expiry of the finding in respect of any goods is unlikely to result in the continuation or resumption of dumping, the Tribunal will not consider those goods in its subsequent determination of the likelihood of material injury or retardation and will issue an order rescinding the finding with respect to those goods.
The Commissioner must provide notice of his determination within 120 days after receiving notice of the Tribunal's d