Canada

Many-QuestionsTo the People of Western Canada: On September 6, 2016, the Canada Border Services Agency (“CBSA”) released a preliminary determination of dumping on gypsum board from the United States.  Starting on September 7, 2016 until some unknown date in the future, antidumping duties will be collected on drywall imported from the United States – and the rates of duties are HIGH!

The preliminary rates of duties until the final determination of dumping will be:

Exporter Estimated Margin of Dumping / Provisional Duty Payable
CertainTeed Gypsum and Ceiling Manufacturing Inc. 125.0%
Georgia-Pacific Gypsum LLC 105.2%
United States Gypsum Company 143.6%
All Other Exporters 276.5%

What this means is that if you import into British Columbia or Alberta, or Saskatchewan, or Manitoba or Yukon Territories or Northwest Territories, CertainTeed drywall from the United States, the CBSA will take the purchase receipt and add duties of 125% (the price more than doubles).  The provisional duties on other brands of drywall are either higher or lower – but all are over 105%.  There will be a border shock if any Canadian homeowner or contractor goes to a U.S. store for drywall/gypsum board.

Don’t be angry with the Canada Border Services Agency officer who gives you the bad news – CertainTeed filed the complaint that started the antidumping legal proceeding.  CertainTeed has 3 plants located in Western Canada and plants located in the United States. It is very interesting that CertainTeed’s provisional antidumping duty rate is 125%.  This may be important in the Canadian International Trade Tribunal injury inquiry.  It is unusual for the Complainant to be dumping the subject goods into Canada.  Arguably, CertainTeed’s own imports did not cause injury to CertainTeed’s plants.

Associations of contractors and builders in the Western Canadian provinces should participate in the Canadian International Trade Tribunal injury inquiry.  Anyone who is caught in this trade war should write a letter to the Canadian International Trade Tribunal.

If you require more information, please call Cyndee Todgham Cherniak at 416-307-4168 or email at cyndee@lexsage.com.