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SIMA Expiry Review: Carbon Steel Welded Pipe

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On August 21, 2023, the Canadian International Trade Tribunal (“CITT”) announced an Expiry Review of its finding made on October 15, 2018, in Expiry Review RR-2017-005, continuing its finding made on December 11, 2012, in Inquiry No. NQ-2012-003 in respect of Carbon Steel Welded Pipe exported from Chinese Taipei, the Republic of India, the Sultanate of Oman, the Republic of Korea, the Kingdom of Thailand and the United Arab Emirates.

On January 23, 2024, the CITT released a Revised Notice of Expiry Review RR-2023-003, updating certain elements of the Expiry Review Schedule.  Relevant Questionnaires have also been posted.

What is an Expiry Review

Expiry Reviews are conducted jointly by the Canada Border Services Agency (“CBSA”) and the CITT to review prior Anti-Dumping Duty (“ADD”) or Countervailing Duty (“CVD”) orders made by the CITT (“Orders”) under the Special Import Measures Act (“SIMA”).  They generally occur every five years following the original Orders or subsequent renewal.

Expiry Reviews are designed to allow the CBSA to investigate whether the expiry of a prior order 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 Carbon Steel Welded Pipe is specifically aimed at the following goods:

carbon steel welded pipe, commonly identified as standard pipe, in the nominal size range from 1/2 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… (the “Subject Goods”)

The CITT has also specified some variations and exclusions from the description of the Subject Goods, which can be viewed here.

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 requires the filing of Notice of Participation, which in this case was due by September 5, 2023.  Participating parties may take part in the CITT’s public hearings on material injury, all generally with certain timeframes.  Product Exclusion requests may also be requested by importers and foreign exporters or producers.

For Participants, please note that according to the Revised Notice, the CITT will commence a public hearing relating to this Expiry Review on April 22, 2024.  A copy of the Revised Notice of Expiry Review along with the Revised Schedule is available here.

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