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CBSA Determination In CITT Expiry Review: Carbon Steel Welded Pipe 2

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On January 18, 2024, the Canada Border Services Agency (“CBSA”) issue a Notice of Conclusion in the ongoing Expiry Review of Carbon Steel Welded Pipe 2 (“CSWP-2”) exported from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (“Chinese Taipei”), India, Oman, South Korea, Thailand and the UAE (“Subject Goods”). The CBSA determined that the expiry of the Canadian International Trade Tribunal’s (“CITT”) order dated October 15, 2018, in Expiry ReviewRR2017005, is likely to result in the continuation or resumption of (i) dumping of Subject Goods (from all the above-noted countries) and (ii) subsidizing of Subject Goods (exported from India). A detailed Statement of Reasons for this determination was released on February 02, 2024.

What is an Expiry Review

Expiry Reviews are conducted jointly by 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”) under the Special Import Measures Act (“SIMA”). They generally occur every five years following the original Order or subsequent renewal.

Expiry Reviews allow the CBSA to investigate whether the expiry of a prior order is likely to result in the continuation or resumption of dumping or subsidizing of the subject goods. The CITT then determines where continued material injury would occur to the domestic industry if the order was allowed to expire. If the domestic industry would be so injured, the order is renewed, otherwise it is allowed to expire.

Background

On August 21, 2023, the CITT initiated an expiry review of its order made on October 15, 2018, in Expiry Review No. RR-2017-005, continuing, without amendment, its finding made on December 11, 2012, in Inquiry No. NQ-2012-003 for CSWP-2. One day later, the CBSA initiated its corresponding expiry review investigation.

Detailed Description of Subject Goods

The Subject Goods for CSWP-2 are described as:

carbon steel welded pipe, commonly identified as standard pipe, in the nominal size range from 1/2 inch up to and including 6 inches (12.7 mm to 168.3 mm in outside diameter) inclusive, in various forms and finishes, usually supplied to meet ASTM A53, ASTM A135, ASTM A252, ASTM A589, ASTM A795, ASTM F1083 or Commercial Quality, or AWWA C200-97 or equivalent specifications, including water well casing, piling pipe, sprinkler pipe and fencing pipe.

The CITT has also specified some exclusions from the description of the Subject Goods, which can be viewed here.

Next Steps

As a result of CBSA’s Conclusion for CSWP-2, the CITT is now conducting its portion of the expiry review to determine whether the expiry of its order is likely to result in injury to the Canadian industry given the CBSA’s Conclusion. A decision is expected by June 26, 2024.

How Do I Get Involved?

For expert reviews, specialized legal advice is usually a good starting point. Participation requires the filing of Notice of Participation forms with the CITT, navigating through detailed Questionnaires, and could involve attending the CITT’s public hearings (currently scheduled for April 22, 2024), all generally within certain timeframes.

Importers, exporters, or producers may also request the CITT to consider an exclusion to the definition of Subject Goods (such requests must be filed with the CITT by noon on March 18, 2024).

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