Canada-U.S. Blog Trade Lawyers Cyndee Todgham Cherniak and Susan K. Ross

Canada Starts AD Expiry Review Re Liquid Dielectric Transformers

Posted in Antidumping

On July 25, 2017, the Canadian International Trade Tribunal (“CITT”) initiated an expiry review relating to its November 20, 2012 Order imposing antidumping duties on liquid dielectric transformers originating in or exported from South Korea (CITT File No. NQ-2012-001, continued without amendment in RD-2013-003).  The CITT Order was issued on November 20, 2012.

What goods are at issue in the Expiry Review?

The subject goods are Liquid dielectric transformers having a top power handling capacity equal to or exceeding 60,000 kilovolt amperes (60 megavolt amperes), whether assembled or unassembled, complete or incomplete, originating in or exported from the Republic of Korea. The subject goods are normally imported into Canada under the following Harmonized System (HS) tariff classification number 8504.23.00.00 – Liquid dielectric transformers, having a power handling capacity exceeding 10,000 kVA. Unassembled or incomplete subject goods may also be imported under the following HS codes:

  • 8504.90.90.10 – Parts – Printed circuit assemblies, of electric transformers and other inductors, other, of electric transformers
  • 8504.90.90.82 – Parts – Having a power handling capacity of 500 kVA or more
  • 8504.90.90.90 – Parts – Other

What is the Canadian Process?

Every Canadian expiry review has two phases:

  1. Canada Border Services Agency (“CBSA”) investigation into whether the dumping of the goods is likely to resume or continue; and
  2. CITT inquiry into whether resumed or continued dumping will cause material injury to the domestic industry.

What is the Schedule?

The Schedule for the expiry review is as follows:

CBSA Phase

February 15, 2017 – Initiation of the CBSA’s expiry review investigation and issuance of the CBSA Reinvestigation of normal values and export prices questionnaires

July 5, 2017 – Conclusion of CBSA reinvestigation of normal values and export prices

July 26, 2017 – Initiation of Canada Border Services Agency’s (CBSA) expiry review investigation
Initial compilation of CBSA exhibits available

August 22, 2017 – Submission of notices of representation and disclosure undertakings due (Special Import Measures Act and Customs Act)

August 24, 2017 – Supplementary CBSA exhibits available

September 1, 2017 – Questionnaire responses and other information due – domestic producers, importers and exporters (The CBSA sent Questionnaires to various parties it has identified)

September 18, 2017, at noon – Closing of the record

September 19, 2017 – Finalized CBSA import statistics and market tables available

September 28, 2017 by noon – Case briefs due from all parties arguing that continued or resumed dumping is likely or not likely

October 12, 2017, by noon – Reply submissions due from all parties in respect of the case briefs

December 22, 2017 – CBSA’s determination -If determination is affirmative, information pursuant to the Canadian International Trade Tribunal Rules is transferred to the Tribunal

January 5, 2018 – CBSA statement of reasons issued

CITT Phase

November 27, 2017 – Teleconference on draft questionnaires (if required)

December 27, 2017 – Initiation of Tribunal’s expiry review (following an affirmative determination by the CBSA)

January 8, 2018 – Notices of participation and representation, declarations and undertakings

January 15, 2018 – Replies to Tribunal expiry review questionnaires

February 13, 2018 – Distribution of Tribunal exhibits, including information transferred from the CBSA, and investigation report

February 13, 2018 – Requests for information (RFIs)

February 19, 2018 – Investigation report teleconference (if required)

February 19, 2018, by noon – Requests for product exclusions

February 20, 2018, by noon – Cases of parties in support of a continuation of the order

February 26, 2018, by noon – Objections to RFIs

February 27, 2018, by noon – Domestic producers’ responses to requests for product exclusions
Cases of parties in opposition to a continuation of the order
Tribunal decisions on RFIs

March 7, 2018, by noon – Requesters’ replies to domestic producers’ responses to requests for product exclusions
Replies to RFIs

March 8, 2018, by noon – Reply submissions of parties in support of a continuation of the order

March 19, 2018 – Public hearing

May 31, 2018 – Order and statement of reasons issued

This Schedule is different than past schedules because the Special Import Measures Act was amended last year.  The good news is that South Korean exporters and Canadian importers of liquid dielectric transformers have more time to develop an expiry review strategy and gather evidence required to demonstrate to the CITT that should the CITT Order be terminated, it would not cause material injury to the domestic industry.

In the original injury inquiry, the CITT sent a purchasers’ questionnaire on market characteristics to 40 potential purchasers of power transformers and 15 responded.  Both foreign producers, exporters, importers and purchasers may participate in the expiry review process.  The purchasers or users are important voices in the process.

The CITT will also consider well-documented requests or product exclusions during an expiry review injury inquiry.  The CITT will not grant product exclusions if the domestic industry does not consent AND there are identical or substitutable domestic products. If it can be demonstrated that the domestic industry will not suffer material injury should the product exclusion be granted, the CITT may grant the request.  For this reason, product exclusion requests should be strategized early and not at the last minute.

For more information about Canada’s expiry review process, please contact Cyndee Todgham Cherniak at 416-307-4168 or by email at cyndee@lexsage.com.  Other articles on Canada’s trade remedies laws may be found on the LexSage website.