EXPIRY REVIEW: STEEL PLATE FROM UKRAINE
CITT REVIEWING ANTI-DUMPING DUTIES
On August 5, 2025, the Canadian International Trade Tribunal (“CITT”) issued a notice that it was beginning an expiry review in respect of hot-rolled carbon steel plate and high-strength low-alloy steel plate originating in or exported from Ukraine (the “Subject Goods”). On August 6, 2025, the Canada Border Services Agency (“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.
What is an Expiry Review
Expiry reviews are conducted by the CITT (with the investigative assistance of the CBSA) to review any prior Anti-Dumping Duty (“ADD”) or Countervailing Duty (“CVD”) finding or order made by the CITT (“Order”) under the Special Import Measures Act (“SIMA”). They generally occur every five years following the original Order or subsequent renewal.
Expiry reviews are designed to allow the CITT to determine whether the prior Order remains necessary. First the CBSA determines the likelihood of resumed/continued dumping/subsidizing if the Order expires, and then the CITT determines the likelihood of injury arising from the resumption/continuation of dumping/subsidizing.
Background
The CBSA initiated its original investigation of the Subject Goods on July 6, 2009, in response to a complaint from a manufacturer from Ontario. On July 7, 2009, the CITT began its parallel injury inquiry.
The CBSA issued their final determination on January 4, 2010, concluding that there was dumping. The CITT then made its final finding that said dumping was threatening to cause injury to the domestic industry on February 2, 2010.
Two previous Expiry Reviews took place in 2014 and 2020, and both concluded with the CBSA determining that there was a likelihood of resumed or continued dumping of the Subject Goods, and the CITT issuing Orders continuing its original finding of material injury.
The current expiry review will determine whether the ADD measures will be renewed for another five years or allowed to expire.
When it comes to Expiry Reviews, get effective legal advice and make your voice heard lest CITT come to a conclusion at odds with your business needs!
How do I Get Involved?
Foreign producers and Canadian importers of Subject Goods should consider participating in the expiry review, particularly if they are interested in requesting an exclusion for their products. For example, in the 2014 Expiry Review, the CITT granted requests for certain product exclusions from Metinvest, and these exclusions have remained in the subsequent Order. This shows that participation can be worthwhile for foreign producers.
Canadian producers should also consider participating if they wish the CITT to renew the current ADDs.
If interested in participating, a Notice of Participation must be filed by August 20, 2025 for both Canadian and foreign producers.
The CBSA will provide Canadian producers, importers, and foreign producers questionnaires in order to gather information – responses and other information must be submitted by September 12, 2025 through the CBSA’s new e-filing system for SIMA proceedings . The CITT has tentatively scheduled a public hearing for March 30, 2026, and their Order and Reasons are expected by June 11, 2026.
For help with an Expiry Review, click here.
Download a PDF copy of this Blog here.