CALL US TODAY
(416) 864 - 6200

Tax & Trade Blog

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Archives
    Archives Contains a list of blog posts that were created previously.

Expiry Review: Unitized Wall Modules

Posted by on in Customs & Trade Blog
  • Font size: Larger Smaller
  • Hits: 243
  • 0 Comments
  • Subscribe to this entry
  • Print

On May 13, 2024, the Canadian International Trade Tribunal (“CITT”) issued a notice that it was beginning an expiry review in respect of unitized wall modules originating in or exported from the People’s Republic of China (“Subject Goods”).  On May 14, 2024, the Canada Border Services Agency (“CBSA”) similarly gave notice of the initiation of their parallel expiry review investigation.

The Subject Goods are defined as follows:

Unitized wall modules, with or without infill, including fully assembled frames, with or without fasteners, trims, cover caps, window operators, gaskets, load transfer bars, sunshades and anchor assemblies; excluding non-unitized building envelope systems such as stick systems and point-fixing systems originating in/or exported from the People's Republic of China.

What is an Expiry Review

Expiry reviews are conducted by the CITT (with the investigative assistance of the CBSA) to review prior any 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, second 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 March 4, 2013, in response to a complaint from various Canadian manufacturers.  On March 5, 2013, the CITT began its parallel injury inquiry.

The CBSA issued their final determination on October 25, 2013, concluding that there was dumping and subsidizing.  The CITT then made its final finding that said dumping and subsidy was causing injury to the domestic industry on November 12, 2013.

The first Expiry Review took place in 2019, and concluded with CBSA determining that there was a likelihood of resumed or continued dumping and subsidizing of the Subject Goods, and the CITT issuing an order on July 3, 2019 continuing its original finding of material injury. 

The current expiry review will determine whether the ADD/CVD measures will be renewed for another five years or allowed to expire.

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.  Canadian producers should also consider participating if they wish the CITT to renew the current ADDs and CVDs.  If interested in participating, a Notice of Participation must be filed by May 28, 2024!

The CBSA will provide Canadian producers, importers, and foreign producers questionnaires in order to gather information –  responses and other information are due on June 20, 2024.

The CITT has tentatively scheduled a public hearing for January 13, 2025, and their Order and Reasons are expected by March 19, 2025.

Want a PDF copy of this blog?

Last modified on
0

Comments

  • No comments made yet. Be the first to submit a comment

Leave your comment

Guest Saturday, 13 July 2024

Toronto Office

10 Lower Spadina Avenue, Suite 200, Toronto, Ontario, M5V 2Z2 Canada
Phone: (416) 864-6200| Fax: (416) 864-6201

Client Login

To access the Millar Kreklewetz LLP secure client file transfer system, please log in.