On August 31, 2023, the Canadian International Trade Tribunal (“CITT”) issued a revised notice of an Expiry Review in respect on the dumping and subsidizing of copper pipe fittings from the Socialist Republic of Vietnam (“Vietnam”).
The CITT defined the Subject Goods in its May 25, 2018 Finding:
Pressure pipe fittings and drainage, waste and vent pipe fittings, made of cast copper alloy, wrought (or “wrot”) copper alloy or wrought copper for use in heating, plumbing, air conditioning and refrigeration applications, originating in or exported from the Socialist Republic of Vietnam.(the “Subject Goods”).
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 the Special Import Measures Act (“SIMA”). They generally occur every five years following the original Order or subsequent renewal. Expiry Reviews allows the CBSA to investigate whether the expiry of a prior Order is likely to result in the continuation or resumption of dumping or subsidization, and if so, then allows the CITT to determine whether domestic industry would be materially injured.
Background
In this case, the CITT issued a finding of dumping injuring Canadian industry on May 25, 2018, resulting in the imposition of anti-dumping duties and countervailing duties determined by the CBSA.
The CITT issued its initial notice of Expiry Review on January 16, 2023 in respect of this 2018 finding and Expiry Reviews are required every five years.
Why Do I Care and What Can I Expect Next?
The revised notice amends the date of commencement of public hearing to September 12, 2023. This is a reminder to Canadian importers and foreign exporters and producers to keep abreast of date changes during the Expiry Review process.
We can expect the order and statement of reasons to be issued on November 22, 2023!
Expiry Reviews are a fact of life for Canadian importers and foreign producers and exporters. Get effective legal advice to help you manage them.
A copy of the relevant Expiry Renewal Notice and Schedules is available here.