Tax & Trade Blog

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CBSA INVESTIGATING OCTG IMPORTS - AGAIN!

OCTG FROM MEXICO, THE PHILIPPINES, TURKEY, SOUTH KOREA & USA

On August 11, 2025, the Canada Border Services Agency (“CBSA”) initiated an Investigation under the Special Import Measures Act (“SIMA”) in respect of the alleged dumping of Oil Country Tubular Goods (“OCTG”) originating in or exported from the United Mexican States, Republic of the Philippines, and originating in:

• the Republic of Türkiye (by or on behalf of Borusan Mannesmann Boru Sanayi ve Ticaret A.Ş.);
• the Republic of Korea (by or on behalf of Hyundai Steel Company); and
• the United States of America (by or on behalf of Tenaris S.A.).

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CITT ISSUES CONTINUATION ORDER

CONTINUING DUTIES ON THERMOELECTRIC CONTAINERS FROM CHINA

The Canadian International Trade Tribunal has issued a continuation order in respect of “thermoelectric containers from China”.  This order continues an order issued on September 5, 2019, relating to the dumping and subsidizing of thermoelectric containers originating in or exported from the People’s Republic of China (“China”).  In turn, these continuing orders go back to 2008.  Those goods are officially defined as:

Thermoelectric containers that provide cooling and/or warming with the use of a passive heat sink and a thermoelectric module, excluding liquid dispensers, originating in/or exported from the People's Republic of China.

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PROVISIONAL DUTIES IMPOSED ON PET RESINS

DUMPING OF POLYETHYLENE TEREPHTHALATE RESIN 2 FROM CHINA AND PAKISTAN

On June 17, the Canada Border Services Agency (“CBSA”) issued its Notice of Preliminary Determination under subsection 38(1) of the Special Import Measures Act (“SIMA”), imposing provisional duties on polyethylene terephthalate (PET) resin originating in or exported from the Peoples’s Republic of China (“China”) and the Islamic Republic of Pakistan (“Pakistan”).  The investigation was prompted by a complaint filed by Compagnie Alpek Polyester Canada.

The Subject Goods

The goods under investigation are more specifically described as:

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CBSA INVESTIGATING THERMAL PAPER

DUMPING OF THERMAL PAPER FROM CHINA

On June 12, 2025, the Canada Border Services Agency (“CBSA”) issued a Notice of Initiation of Investigation under the Special Import Measures Act (“SIMA”) in respect of the alleged dumping of certain thermal paper rolls originating in or exported from the People’s Republic of China (“China”).  This investigation was prompted by a complaint filed by three Canadian manufacturers.

The investigation continues a trend by the CBSA of scrutinizing imports from China, which continues to be the jurisdiction with highest number of Anti-Dumping and Countervailing duty orders.

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SIMA EXPIRY REVIEW ORDER:

SILICON METAL ORIGINATING IN OR EXPORTED FROM CHINA

On April 30, 2025, the Canadian International Trade Tribunal (the “CITT”) announced an Order in Expiry Review RR-2024-002 (the “Order”), continuing its finding of material injury in respect of the dumping of Silicon Metal originating in or exported from the People’s Republic of China (the “Subject Goods”). 

The Subject Goods

The Subject Goods are defined as:

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INVESTIGATION OF RENEWABLE DIESEL ENDS

CITT CONCLUDES NO REASONABLE INDICATION OR THREAT OF INJURY

While we have written about a number of anti-dumping and subsidy investigations by the Canada Border Services Agency (“CBSA”) where Anti-Dumping Duties and/or Countervailing Duties (ADD/CVD) have been imposed, infrequently such investigations can also terminate without the imposition of any ADD/CVD. 

The recent decision by the Canada International Trade Tribunal (“CITT”) into the alleged dumping and subsidizing of Renewable Diesel originating or exported from the United States serves as a timely example of such a termination.

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AD/CV DUTIES: LOST IN THE TRANSLATION?

EXPORTERS TO THE US MAY HAVE LOST THEIR WAY RELYING ON CHINESE IMPORTS

We recently had a file come across our desk where a Canadian company was trading in Chinese products and marginally manufacturing them for export to the United States (US).  The company ultimately came under scrutiny from the United States Customs and Border Protection (US CBP) concerning potential duties.  But not the kind of "duties" that everyone is concerned with today (i.e., neither the "Trump Tariffs" or Canada's "Retaliatory Tariffs").

USCBP was concerned with Anti-Dumping and Countervailing Duties on the Chinese goods – totalling almost 200% based on the landed cost of the goods being exported to the US from Canada.

On October 16, 2024, the Canadian International Trade Tribunal (the “CITT”) announced an Order in Expiry Review RR-2023-007 (the “Order”), continuing its finding of material injury in respect of the dumping of Carbon Steel Welded Pipe originating in or exported from Pakistan, the Philippines, Türkiye (Turkey), and Vietnam (the “Subject Goods”). 

The Subject Goods

The Subject Goods are defined as:

On August 21, 2024, the Canadian International Trade Tribunal (the “CITT”) issued an Order in Expiry Review RR-2023-005 (the “Order”), continuing its finding of material injury in respect of the dumping and subsidizing of sucker rods originating in or exported from the People’s Republic of China (the “Subject Goods”). 

More detail, including the full definition of the Subject Goods, can be found in the Expiry Review.

On July 18, 2024, the Canada Border Services Agency (“CBSA”) issued a Notice of Conclusion of its investigation in the ongoing Expiry Review of certain Carbon Steel Welded Pipe 1 (“CSWP-1”) originating in or exported from the People’s Republic of China (the “Subject Goods”).  

The CBSA determined that the expiry of the Canadian International Trade Tribunal’s (“CITT”) order dated March 28, 2019, in Expiry Review No. RR-2018-001 is likely to result in the continuation or resumption of (i) dumping of the Subject Goods and (ii) subsidizing of the Subject Goods.

More detail, including a full definition of the Subject Goods can be found in the Statement of Reasons for the determination.

On August 12, 2024, the Canadian International Trade Tribunal (the “CITT”) issued a notice that it was beginning an expiry review in respect of certain Circular Copper Tube originating in or exported from the Federative Republic of Brazil, the Hellenic Republic (Greece), the People’s Republic of China, the Republic of Korea and the United Mexican States (Mexico) (the “Subject Goods”).  On August 13, 2024, the Canada Border Services Agency (the “CBSA”) similarly gave notice of the initiation of their parallel expiry review investigation.

More details on the technical definition of the Subject Goods can be found here.

On June 27, 2024, the Canada Border Services Agency (“CBSA”) issued a notice that it will be conducting a re-investigation in respect of oil country tubular goods originating in or exported from Chinese Taipei, India, Indonesia, South Korea, Thailand, Türkiye and Vietnam (the "Subject Goods”).  This re-investigation falls under measure in force code OCTG2.  Detailed information, including the definition of the Subject Goods, can be found on the OCTG2 page.

Additionally, the CBSA has announced it will also update the surrogate normal values for certain seamless carbon and oil country tubular goods originating in or exported from China, under measure in force codes SC and OCTG1 respectively!

On June 20, 2024, the Canadian International Trade Tribunal (the “CITT”) issued a preliminary determination of injury, concluding that there was evidence that the alleged dumping and subsidizing of certain pea protein from China (the “Subject Goods”) has caused material injury to the domestic industry.

More details, including the definition of the Subject Goods and product inclusion can be found in the determination here.

On January 17, 2024, the Canada Border Services Agency (the “CBSA”) announced that it has initiated a re-investigation of the normal values and export prices in respect of certain gypsum board (known more colloquially as “drywall” or “wallboard”) originating in or exported from the United States (the “Subject Goods”) for use or consumption in Western Canada (i.e., BC, AB, SK, YU, and NT).

On June 20, 2024, the CBSA released a notice concluding the re-investigation with updated normal values and export prices. 

On June 24, 2024, the Canadian International Trade Tribunal (the “CITT”) issued a notice that it was beginning an expiry review in respect of silicon metal originating in or exported from the People’s Republic of China (the “Subject Goods”).  On June 25, 2024, the Canada Border Services Agency (the “CBSA”) similarly gave notice of the initiation of their parallel expiry review investigation.

More details on the technical definition of the Subject Goods can be found here.

On April 22, 2024, the Canada Border Services Agency (“CBSA”) issued a Notice of Initiation of Investigation under the Special Import Measures Act (“SIMA”) in respect of the alleged dumping and subsidizing of certain pea protein from China.  This investigation was prompted by a joint complaint filed by two manufacturers in Manitoba. 

The goods under investigation are more specifically described as: 

High protein content (“HPC”) pea protein originating in or exported from the People’s Republic of China in all physical forms regardless of packaging, with a minimum pea protein content of 65 percent on a dry weight basis calculated using a Jones factor of 6.25 (the “Subject Goods”).  

The Canadian International Trade Tribunal (the “CITT”) announced an Order in Expiry Review RR-2021-004 on October 19, 2022 (the “Order”), continuing its order made on January 4, 2017, in Expiry Review NQ-2016-002, in respect of the dumping of certain gypsum board products originating in or exported from the U.S., imported into Canada for use or consumption in the provinces of BC, AB, SK, and MB, as well as NT and YK (the “Subject Goods”). 

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:

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: