Canada’s “export control laws” under the Import and Export Permits Act place “controls” on the export of certain sensitive goods, technology and data. This ranges from basic goods of economic interest, to military, nuclear and strategic goods (famously described as “sharp and pointy things that go bang”). Underlying technology, information and know-how are also controlled as are “dual-use” goods.
Goods subject to export control are set out in Canada’s Export Control List (ECL), which requires experience to apply. This is magnified by the complexity of the fact that: (1) all U.S.- origin goods and technology are controlled (because of Canada’s bilateral commitments), and (2) all goods are controlled when sent to countries on the Area Control List (ACL).
On September 29, 2023, the Canada Border Services Agency (“CBSA”) issued a scope ruling concluding that National Nail’s CAMO Edge Screws are subject to the Canadian International Trade Tribunal (“CITT”)’s Expiry Review order covering the dumping of certain carbon steel fasteners from China and Chinese Taipei, and the subsidizing of certain carbon steel fasteners from China.
On September 06, 2023, the Canadian International Trade Tribunal (“CITT”) released its Order continuing the CITT’s original 2018 finding of dumping of carbon and alloy steel line pipe from the Republic of Korea (“South Korea”) but excluding two categories of welded line pipe further described below.
The CITT recently announced an Expiry Review of its Order on Seamless Carbon or Alloy Steel Oil & Gas Well Casing from China.
What is an Expiry Review
Expiry reviews are conducted jointly by the Canada Border Services Agency (“CBSA”) and the Canadian International Trade Tribunal (“CITT”) to review prior Anti-Dumping Duty (“ADD”) or Countervailing Duty (“CVD”) orders made by the CITT (“Orders”) underthe Special Import Measures Act (“SIMA”). They generally occur every five years following the original Order or subsequent renewal.
