ARCHIVED - Notice of Conclusion of Re-investigation

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Greenhouse Bell Peppers from the Netherlands

Dumping file #: 4214-28
Dumping case #: AD/1387

Ottawa, December 18, 2013

This notice advises that, on December 18, 2013, the Canada Border Services Agency (CBSA) concluded a re-investigation of the normal values and export prices of certain greenhouse bell peppers originating in or exported from the Netherlands.  Normal values and export prices of subject goods are determined pursuant to the Special Import Measures Act (SIMA).  The re-investigation was initiated on September 25, 2013, as part of the CBSA’s enforcement of the finding made by the Canadian International Trade Tribunal on October 19, 2010.

The subject goods are generally classified under the following 10-digit Harmonized System classification number: 0709.60.90.10.

At the initiation of the re-investigation, the CBSA sent Requests for Information (RFI) to exporters and producers to obtain information on the costs and selling prices of subject goods and like goods.  The information was requested for purposes of updating the normal values and export prices for subject goods imported into Canada.

Given that no exporters or producers provided a response to the CBSA’s RFI, normal values will therefore be determined by a ministerial specification under SIMA.  Accordingly, the normal values for all exporters will be based on the export price of the goods advanced by 193%.  The normal values will be effective for the subject goods released from the CBSA on or after December 18, 2013.

Where a producer or exporter becomes aware that there have been substantial changes to domestic prices, market conditions or costs associated with production and sales of subject goods, the CBSA should be advised in order that normal values can be reviewed and updated if required, to reflect current conditions.  Similarly, the amount of export charges to be deducted from the export price may also need revision to reflect current conditions.  Where changes have occurred and the CBSA has not been advised in a timely manner, the extent of these changes could warrant retroactive assessments of anti-dumping duties.

Importers are reminded that it is their responsibility to calculate and declare their anti‑dumping duty liability.  If importers are using the services of a customs broker to clear importations, the brokerage firm should be advised that the goods are subject to anti-dumping measures and be provided with sufficient information necessary to clear the shipments.  To determine their liability for anti-dumping duty, importers should contact the exporters to obtain the applicable normal values.  For further information on this matter, refer to Memorandum D14-1-2, Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established Under the Special Import Measures Act to Importers, on the CBSA’s Web site at www.cbsa-asfc.gc.ca/publications/dm-md/d14-eng.html.

The Customs Act applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti-dumping duties.  As such, failure to pay the duties within the prescribed time will result in the application of the interest provisions of the Act.

Should the importer disagree with the determination made on any importation of goods, a request for re-determination may be filed with the Director General, Anti-dumping and Countervailing Directorate, Ottawa, Ontario, K1A 0L8.  Such a request must be received within 90 days from the making of the determination in the form and manner outlined in Memorandum D14‑1‑3, Procedures for Making a Request for a Re-determination or an Appeal of Goods Under the Special Import Measures Act, on the CBSA’s Web site at www.cbsa-asfc.gc.ca/publications/dm-md/d14-eng.html.

Any questions concerning the above should be directed to:

                          Hugh Marcil:            613-954-7268