In our previous blog, we discussed CBSA’s Notice of Final Determination which concluded that imports of oil country tribular goodsfrom Mexico had been dumped (“OCTG3”).
Following CBSA’s determination, the inquiry moved to the Canadian International Trade Tribunal (the “CITT”) to determine whether Canada’s domestic industry had been injured by the dumping. On January 26, 2022 the CITT – much to the relief of importers – found that OCTG originating in or exported from the Mexico, has not caused and is not threatening to cause injury to the domestic industry!
Impact of CITT Decision
Since the CITT concluded that there has been no injury and that there is no threat of future injury to the domestic industry from the dumping identified by CBSA, all anti‑dumping duties collected during the provisional period (September 28, 2021 – January 25, 2022) will be refunded by the CBSA.
Also effective January 26, 2022, imports of subject OCTG goods from Mexico released by the CBSA will no longer be liable for any anti‑dumping duties.
The CITT’s statement of reasons was scheduled to be released by February 10, 2022 but has not been posted as of the date of this blog.
Other OCTG Investigations
This was the third of four anti-dumping investigations involving OCTG, with previous investigations imposing anti-dumping duties on similar goods imported from China (see OCTG1), Chinese Taipei, India, Indonesia, the Philippines, South Korea, Thailand, Turkey, Ukraine and Vietnam (see OCTG2).
The CITT’s next big decision on OCTG is expected to be issued on February 22, 2022 when the CITT will make a finding with respect to whether the dumping of goods identified by the CBSA in OCTG4 (in respect of OCTGoriginating in or from Austria) has injured or threatens future injury to the Canadian domestic industry.
Given the CITT’s past injury findings in OCTG1 and OCTG2, and the recent “no injury” finding in OCTG3, the CITT’s decision on OCTG4 could really go either way.
Following the CBSA’s finding of dumping, imports of OCTG from Austria into Canada are currently subject to a provisional duty of 91%, with the exception of those subject goods originating or exported from Voestalpine Tubulars GmbH & Co KG, which could be subject to a lower duty.
Importers or exporters who could potentially be impacted by OCTG4 should monitor CITT’s decision (scheduled to be released on February 22, 2022) and should contact their lawyer to discuss recommended next steps once the CITT’s decision has been released.
While at this point it is too late to become involved in the CITT’s decision-making process, your lawyer can advise you as to your options in terms of seeking an exclusion from the definition of “subject goods” for your product – typically on the basis that the goods are unique, and the domestic industry is not capable of producing a substitutable product.
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