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SIMA Expiry Review: Carbon Steel Welded Pipe III

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The CITT has announced an Expiry Review of its finding made on February 15th, 2019 (NQ-2018-003) in respect of Carbon Steel Welded Pipe from Pakistan, the Philippines, Türkiye and Vietnam.

What is an Expiry Review

Expiry reviews are conducted jointly by the Canada Border Services Agency (“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 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 CBSA to investigate whether the expiry of a prior is likely to result in the continuation or resumption of dumping or subsidizing of the Subject Goods, and the CITT to determine whether continued material injury would occur to a domestic industry.

Detailed Description of Subject Goods

The CITT’s current Expiry Review for Chinese Seamless Carbon or Alloy Steel Oil and Gas Well Casing is specifically aimed at the following goods:

Carbon steel welded pipe, commonly identified as standard pipe, in the nominal size range from ½ 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, but excluding oil and gas line pipe made to API specifications exclusively, originating in or exported from the Islamic Republic of Pakistan, the Republic of the Philippines, the Republic of Türkiye (excluding those goods exported by Erbosan Erciyas Boru Sanayii ve Ticaret A.S.) and the Socialist Republic of Vietnam (the subject goods).(the “Subject Goods”).

Why Do I Care?

Canadian importers and foreign exporters and producers need to determine whether to take part in an Expiry Review or risk the continued application of potentially punitive ADDs and CVDs. Canadian domestic producers (i.e., those benefiting from the Orders) are effectively required to participate (or risk a conclusion that there is insufficient domestic support for the Review).

How Do I Get Involved?

Specialized legal advice in this area is usually a starting point for participation in the process. Participation will require navigating through detailed CBSA Questionnaires and could involve attendance at the CITT’s public hearings on material injury, all generally with timeframes. Product Exclusion requests may be something to consider for importers and foreign exporters or producers.

Anyone wanting to participate in the Expiry Review must file a Notice of Participation (or Notice of Representation and a Declaration and Undertaking in the case of counsel) with the CITT by January 5th, 2024!

A copy of the relevant Expiry Renewal Notice and Schedules is available here.

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