On October 5, 2023, the Canadian International Trade Tribunal (“CITT”) issued its order in respect of an Expiry Review of a previous Order made on February 8, 2018, continuing the Order’s finding of dumping and subsidizing of stainless steel sinks from the People’s Republic of China (“China”).
The CITT more specifically described the Subject Goods as:
Stainless steel sinks with a single drawn bowl having a volume between 1,600 and 5,000 cubic inches (26,219.30 and 81,935.32 cubic centimetres) or with multiple drawn bowls having a combined volume between 2,200 and 6,800 cubic inches (36,051.54 and 111,432.04 cubic centimetres), excluding sinks fabricated by hand, originating in or exported from the People’s Republic of China.
The CITT excluded from the Subject Goods:
Stainless steel sinks with a single drawn bowl or double drawn bowls and a 1 1/4-inch by 3/4-inch (32-millimetre by 19-millimetre) cast-resin matrix rim that replaces a stainless steel rim, for undermount seamless installation in countertops.
What is an Expiry Review
Expiry reviews are conducted jointly by the Canada Border Services Agency (“CBSA”) and the CITT to review prior Anti-Dumping Duty (“ADD”) or Countervailing Duty (“CVD”) orders made by the CITT (“Orders”) under Special Import Measures Act (“SIMA”). They generally occur every five years following the original Order or subsequent renewal.
Expiry Reviews are designed to allow the CBSA to investigate whether the expiry of a prior is likely to result in the continuation or resumption of dumping or subsidizing of the Subject Goods, and the CITT to determine whether continued material injury would occur to a domestic industry.
Background
The CITT had made its initial finding of dumping and subsidizing on May 24, 2012, and conducted its first Expiry Review on February 8, 2018. This current order now concludes the second Expiry Review, and continues the Order for another five (5) years.
Next Steps
A copy of the relevant Order is available here. The CITT will post its statement of reasons on its website at an unspecified later date.
This current Expiry Review Order provides Canadian producers with another five years of protection and means that interested importers and foreign producers and exports will have to wait until May 2027 for another kick at the can to potentially terminate the order.