Expiry Reviews (Section 76.03)

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CARBON STEEL PIPE NIPPLES AND ADAPTOR FITTINGS
Expiry Review No. RR-2007-003

Order issued
Tuesday, April 22, 2008

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TABLE OF CONTENTS

• ORDER
• SCHEDULE

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IN THE MATTER of an expiry review, under subsection 76.03(3) of the Special Import Measures Act, of the finding made by the Canadian International Trade Tribunal on July 16, 2003, in Inquiry No. NQ-2002-004, as amended on June 8, 2007, in Interim Review No. RD-2006-006, concerning carbon steel pipe nipples and adaptor fittings, in nominal diameters up to and including 6 inches or the metric equivalents, originating in or exported from the People’s Republic of China.

ORDER

WHEREAS the Canadian International Trade Tribunal (the Tribunal) is required, pursuant to subsection 76.03(3) of the Special Import Measures Act, to determine if the continued or resumed dumping, as determined by the Canada Border Services Agency, of the subject goods is likely to result in injury or retardation to the domestic industry;

AND WHEREAS, based upon information publicly available, it appears that CapProducts Ltd. (CapProducts) is a significant domestic producer of goods that are like goods to the goods that are the subject of the Tribunal’s expiry review;

AND WHEREAS CapProducts has failed to provide certain information requested by the Tribunal in its questionnaire request;

AND WHEREAS the Tribunal considers such information to be relevant and important to the conduct of its expiry review;

AND WHEREAS, pursuant to subsection 17(2) of the Canadian International Trade Tribunal Act, the Tribunal has, as regards the production and inspection of documents, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are vested in a superior court of record;

UPON the Tribunal’s own motion;

AND UPON being satisfied that CapProducts has or is likely to have information in its possession or control relevant to the Tribunal’s expiry review;

THE TRIBUNAL ORDERS THAT:

1. A duly authorized representative of CapProducts shall make and deliver to the Tribunal a written return of information under oath or solemn affirmation in fulfilment of the information requirements listed in the attached schedule.

2. Unless CapProducts attends before the Tribunal before May 1, 2008 and satisfies the Tribunal that this order should not have been issued or that the required information cannot reasonably be provided, the required information identified in the attached schedule is to be received on or before May 6, 2008 at the office of the Secretary of the Tribunal at the following address:

The Secretary
Canadian International Trade Tribunal
Standard Life Centre
333 Laurier Avenue West
15th Floor
Ottawa, Ontario
K1A 0G7

3. The information provided by CapProducts in fulfilment of the information requirements listed in the attached schedule may be designated as confidential by CapProducts in accordance with sections 43 to 49 of the Canadian International Trade Tribunal Act.

Ellen Fry
Ellen Fry
Presiding Member

Serge Fréchette
Serge Fréchette
Member

André F. Scott
André F. Scott
Member

Hélène Nadeau
Hélène Nadeau
Secretary

SCHEDULE

Information Required

Expiry Review Questionnaire—Canadian Producer

PART A

Questions A3, A5 to A13 and A16 to A30, which include Appendix 4, “Regional Distribution of Sales”, and Appendix 5, “Finished Inventories”. For question A20, please provide only the information that has not already been provided.

PART E

Questions E2 to E7, which include the following:

Schedule II: Income Statements (data for the following columns or lines)

• Total Company

• Cost of Goods Manufactured

• Financial Expenses

Schedule III: Cost of Goods Manufactured

Schedule IV: Average Unit Costs of Major Material Components

Schedule V: Transfers Between Associated Companies

Schedule VI: Employment

Schedule VII: Investment

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