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SIMA Expiry Review: Corrosion-Resistant Steel Sheet

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The Canadian International Trade Tribunal (“CITT”) has announced an Expiry Review in respect of the dumping of corrosion-resistant flat-rolled steel sheet products of carbon steel from China, Chinese Taipei, India and the Republic of Korea.

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 Special Import Measures Act (“SIMA”). These Expiry Reviews 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 corrosion-resistant flat-rolled steel sheet products of carbon steel covers the following Subject Goods:

corrosion-resistant flat-rolled steel sheet products of carbon steel, including products alloyed with the following elements: Boron (B) not more than 0.01%, Niobium (Nb) not more than 0.100%, Titanium (Ti) not more than 0.08%, or Vanadium (V) not more than 0.300%, in coils or cut lengths, in thicknesses up to 0.168 in. (4.267 mm) and widths up to 72 in. (1,828.8 mm) with all dimensions being plus or minus allowable tolerances contained in the applicable standards, chemically passivated originating in or exported from the People’s Republic of China, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), the Republic of India and the Republic of Korea (the Subject Goods)…

The CITT has also provided a number of exclusions from the description of the Subject Goods. These exclusions can be viewed here.

History of Previous Orders

The CITT’s original order in respect of Corrosion-Resistant Flat-Rolled Steel Sheet Products of Carbon Steel was issued on February 21, 2019, in Inquiry NQ2018004, making this the first Expiry Review for 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 of corrosion-resistant steel sheet must file a Form-I Notice of Participation with the CITT by January 30, 2024.

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

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