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CBSA Investigating Concrete Bar! Concrete Reinforcing Bar From Bulgaria, Thailand & The UAE.

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On May 3, 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 of certain concrete reinforcing bar from Bulgaria, Thailand and the UAE.  This investigation was prompted by a joint complaint filed by three steel manufacturers.

The goods under investigation are more specifically described as:

Hot-rolled deformed steel concrete reinforcing bar in straight lengths or coils, commonly identified as rebar, in various diameters up to and including 56.4 millimeters, in various finishes, excluding plain round bar and fabricated rebar products, originating in or exported from the Republic of Bulgaria, the Kingdom of Thailand, and the United Arab Emirates (the “Subject Goods”).       

Further details on the Subject Goods and further exclusions can be found in the notice itself.  Note: concrete reinforcing bar from other countries may be covered by existing anti-dumping orders RB1, RB2, RB3 and RB4.

Parallel CITT Investigation

On May 6, 2024 the Canadian International Trade Tribunal (the “CITT”) issued a notice initiating a preliminary injury inquiry in respect of the same Subject Goods, a parallel process to determine whether the alleged dumping has caused or is threatening to cause injury to the Canadian industry.

Why do I Care?

If the CBSA and CITT ultimately conclude that dumping of the Subject Goods has caused injury or is threatening to cause injury to the Canadian industry, Anti-Dumping Duties (“ADDs”) will be imposed, effectively increasing the costs of the Subject Goods. 

Anti-dumping investigations offer Canadian importers and foreign exporters and producers the opportunity to participate in the CBSA investigation and obtain their own specific Normal Values, which are preferable to the ADDs payable on imports from producers who do not have Normal Values. 

It may also be possible to request a product exclusion from the CITT on the basis that certain goods are unique and the Canadian industry is incapable of manufacturing a substitutable product.

What is the Timeline for Next Steps? 

Under SIMA the matter will proceed along two parallel tracks:

  • The CBSA will send out Requests for Information: Importers must respond by May 27th, and exporters by June 10th;
  • The CITT requires any interested participants and their counsel to file Forms with the CITT by May 16th, and any opposing submissions must be filed by noon on June 4th. 

The CITT’s preliminary determination is expected by July 2, 2024, and CBSA’s preliminary determination is expected by August 1, 2024, each followed by a Statement of Reasons 15 days later. 

How do I Get Involved?

Specialized legal advice is generally required. Given the strict timelines, and amount of work involved in responding to CBSA and CITT questionnaires, any parties potentially impacted should contact their lawyers immediately to discuss next steps – regardless of whether you have received a questionnaire!

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