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Recent Anti-Dumping Investigations, Inquiries & Expiry Reviews

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Click here for an Introduction to Anti-Dumping and Countervailing Duties

MILLAR KREKLEWETZ LLP is a boutique Canadian law firm with lawyers who have significant expertise in customs and trade matters involving the imposition of anti-dumping duties and countervailing duties, and the application of Canada's Special Import Measures Act (SIMA).

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The following is a short summary of recent notable Anti-Dumping and Countervailing Investigations launched by the Canada Border Services Agency (CBSA), and Inquiries or Expiry Reviews launched by the Canadian International Trade Tribunal ("CITT").

Recent Notable Activity

The Canadian International Trade Tribunal (CITT) has recently initiated proceedings with respect to the following imported goods:

Oil Country Tubular Steel - December 4, 2014 (Section 42 Inquiry) - The CITT recently announced a section 42 proceeding in respect of the dumping of oil country tubular goods,[1], when originating in or exported from Chinese Taipei, the Republic of India, the Republic of Indonesia, the Republic of the Philippines, the Republic of Korea, the Kingdom of Thailand, the Republic of Turkey, Ukraine and the Socialist Republic of Vietnam.[2]  The purpose of the section 42 inquiry under the Special Import Measures Act (SIMA) is to determine whether the dumping and subsidizing of the above-mentioned goods have caused injury or retardation or are threatening to cause injury.  Persons wishing to participate in the inquiry and at the hearing as a party must file a notice of participation with the Tribunal on or before December 15, 2014.  A public hearing relating to this inquiry is expected to be held in March 2015.

Certain Whole Potatoes - November 10, 2014 (Expiry Proceeding) - The CITT recently notified importers and exporters taht it will initiate proceedings to determine whether or not to initiate an Expiry Review of its prior finding made on September 10, 2010 (Expiry Review No. RR-2009-002), which had continued several orders relating to the dumping of certain whole potatoes. 

The current proceeding is to determine whether or not an Expiry Review will be initiatived, and it will not be initiated unless the CITT decides that there is sufficient information to indicate that it is warranted. 

The Tribunal's expiry proceeding will be conducted by way of written submissions.  Any firm, organization, person or government wishing to participate as a party in these proceedings must file a notice of participation with the Tribunal on or before November 26, 2014, and written submissions are due to be filed on December 3, 2014.

Further Assistance

Millar Kreklewetz LLP is well-placed to provide assistances with all anti-dumping and coutervailing matters. Please use the form on this page to contact us for specific legal advice applicable to their unique fact situation, or to initiate an appearance in respect of a current proceeding before the CITT.

Other Free Information on CITT Activity

Click here for further information on the CITT's Preliminary Injury Inquiries, click here for further information on the CITT's current and historic Section 42 Inquiries, and here for the CITT's current list of Expiry Reviews.

1.
Oil country tubular goods are casing, tubing and green tubes made of carbon or alloy steel, welded or seamless, heat treated or not heat-treated, regardless of end finish, having an outside diameter from 2 % inches to 13 % inches (60.3 mm to 339.7 mm), meeting or supplied to meet American Petroleum Institute (API) specification 5CT or equivalent and/or enhanced proprietary standards, in all grades, excluding drill pipe, pup joints, couplings, coupling stock and stainless steel casing, tubing or green tubes containing 10.5 percent or more by weight of chromium 
2.
The inquiry also includes the subsidizing of the above-mentioned goods originating in or exported from the Republic of India, the Republic of Indonesia, the Republic of the Philippines, the Kingdom of Thailand, Ukraine and the Socialist Republic of Vietnam (the subject goods). 

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