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CBSA: NO PROVISIONAL DUTIES ON AUSTRIAN OCTG

AN UNUSUAL NO-DUTY RESULT AFTER PRELIMINARY DUMPING DETERMINATION

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On May 4, 2026, the Canada Border Services Agency (“CBSA”) released a notice of its preliminary determination of dumping in respect of Oil and Gas Well Casing 6 originating in or exported from Austria (the “Subject Goods”).

Notably, despite determining an estimated margin of dumping of 22.6% for Voestalpine Tubulars GmbH & Co KG, the CBSA has decided NOT to impose provisional duties on imports of the Subject Goods at this stage of the investigation.

Background Information

On February 2, 2026, the CBSA issued a Notice of Initiation of Investigation under the Special Import Measures Act (“SIMA”) in respect of the alleged dumping of the Subject Goods.

The Subject Goods generally include oil and gas well casing and green tube casing. Further details, including a definition of the Subject Goods, are found in the Notice of Initiation itself.

No Provisional Duties!

Generally, the usual result of a CBSA preliminary determination of dumping would be the imposition of provisional anti-dumping duties on imports of the Subject Goods.

However, in this case, the CBSA has expressly stated that imports of Subject Goods released by the CBSA on or after May 4, 2026 will NOT be subject to provisional duties, as the CBSA considers that provisional duties are not necessary to prevent injury, retardation, or threat of injury.

While section 8 of SIMA allows the CBSA to withhold provisional duties where they are not considered necessary, it is unusual to see this in practice. For importers of Austrian OCTG, this means that no provisional anti-dumping duties are currently payable — at least for now.

Final Dumping Investigation and Injury Determination

Although the CBSA did not impose provisional duties, the investigation is not over. The CITT will continue its inquiry into whether the dumping of Subject Goods has caused or is threatening to cause injury to the domestic Canadian industry. The CITT will hold a public hearing on this issue during the week of August 3, 2026, with the final finding expected by September 1, 2026. Anyone wishing to participate in the CITT hearing must file a Notice by May 19, 2026.

Concurrently, the CBSA will continue its dumping investigation and is expected to make a final determination of dumping by August 4, 2026, with reasons to follow 15 days later.

What does this Mean for Me?

The CBSA’s decision not to impose provisional duties is good news for importers of the Subject Goods. However, this does not mean that anti-dumping duties will not become payable later.

If the CBSA makes a final determination that the Subject Goods were dumped and the CITT makes a final finding that the dumping has caused injury or threat of injury, anti-dumping duties will generally become payable on imports of the Subject Goods going forward.

If your business imports Subject Goods or is considering doing so, you should seek Canadian legal advice immediately. Failure to consult with Canadian legal counsel on this issue could lead to a costly assessment by the CBSA down the road!

For help with a Dumping Investigation or Injury Inquiry, please click here.