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

Category Archives: Antidumping

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Parliamentary Committee Makes 8 Recommendations Regarding Canada’s Steel Industry

Posted in Antidumping, Canada's Federal Government, Trade Remedies

On June 15, 2017, the Standing Committee on International Trade released Report No. 7 “The Canadian Steel Industry’s Ability to Compete Internationally”.  This Report is helpful to Canadian steel producers and not very helpful to steel importers.  China will not be pleased to read that the Committee recommends non-market economy status remain in place in… Continue Reading

Canada Initiates New Antidumping Case Against Carbon And Alloy Steel Line Pipe From South Korea

Posted in Antidumping, Trade Remedies

On June 8, 2017, the Canada Border Services Agency (“CBSA”) issued a Notice of Initiation stating that it has initiated an antidumping case against carbon and alloy steel line pipe from South Korea.  This is not the first line pipe case.  In 2016, the CBSA initiated an antidumping case against line pipe from China and… Continue Reading

Exporters Who Receive De Minimis Dumping Margins in Canadian AD Cases Now Being Excluded From Final Orders

Posted in Antidumping, Trade Remedies, World Trade Organization

Foreign producers and exporters who receive a de minimis dumping margin (2% or less) in a Canadian antidumping case are now being excluded from final injury orders (that is, final orders for the imposition of antidumping duties).  What this means is that any foreign producer or exporter who priced at undumped levels (above domestic selling… Continue Reading

Due Your Duty

Posted in Antidumping, Cross-border trade, Customs Law

With the ever-increasing scrutiny being brought to compliance and the payment of duties on imported goods by Customs and Border Protection (CBP), it is worth commenting that any duties which are due when an entry liquidates may, in fact, end up having to be paid even if the related protest remains pending due to the… Continue Reading

In the Eye of the Beholder

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Corporate Counsel, Cross-border trade, Customs Law, Exports, Government Procurement, Legal Developments, NAFTA, Trade Agreeements, Trade Remedies, World Trade Organization

First published by the Journal of Commerce – April 2017 The first tangible indications of what trade policy might actually look like under the Trump Administration have been released. After excoriating NAFTA as the “worst trade deal ever” and quickly withdrawing the U.S. from the TransPacific Partnership, which was already dead, we are now starting… Continue Reading

Canada’s 2017 Budget Bill Includes Significant Changes To Canada’s Antidumping/Countervailing Duty Laws

Posted in Antidumping, Canada's Federal Government, Trade Remedies

On March 22, 2017, Canada’s Federal Government tabled the 2017 Budget.  Hidden within the supplemental documents is a notice of changes to the Special Import Measures Act (“SIMA”) (Canada’s antidumping and countervailing duty law).  These amendments are very important – most are intended to provide domestic producers greater protection. The changes include: SIMA amendments to permit… Continue Reading

DOJ Defines Compliance

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Imports Restrictions, Intellectual Property, Legal Developments, Trade Agreeements, Trade Remedies

In the span of the last 18 months, the topic of corporate compliance programs has gotten considerable attention from the Department of Justice  (“DOJ”) and now finally, DOJ has published significant details about how it is likely to measure the sufficiency of any company’s compliance program. First, some background.  In September 2015, the Yates memo… Continue Reading

Canada Commences Consultations Regarding A Canada-China Free Trade Agreement

Posted in Agriculture, Antidumping, Border Security, Canada's Federal Government, Canada-China FTA, Corporate Counsel, Cross-border deals, Cross-border litigation, Cross-Border Real Estate, Cross-border trade, Customs Law, Energy, Environment, Export Controls & Economic Sanctions, Government Procurement, Immigration law, Imports Restrictions, Intellectual Property, International Arbitrations, Labour, origin, tariff classification, valuation

On March 4, 2017, Global Affairs Canada announced consultations concerning a possible free trade agreement between Canada and China.   Consultations means that Global Affairs Canada is consulting with Canadian interested stakeholders (the free trade agreement negotiations have not started yet – Canada is in a preliminary exploratory stage). Global Affairs Canada has posted information on… Continue Reading

What Is On Your NAFTA Renegotiation Wish List?

Posted in Aerospace & Defence, Antidumping, Border Security, Buy America, Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Energy, Government Procurement, GST/HST, Immigration law, Intellectual Property, Labour, NAFTA, NAFTA Chapter 11, origin, Politics, Provincial Governments, Softwood Lumber, Trade Agreeements, U.S. Federal Government

President Trump has said that he wants to renegotiate NAFTA.  Rather than taking a negative view of change, ask yourself “What is on my NAFTA Renegotation Wish List?”.  What changes to NAFTA could benefit your business?  What improvements to NAFTA can save your business money?  What adjustments will improve your business’ supply chain?  What should… Continue Reading

NOT SO FAST!

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Antidumping, Border Security, Controlled Goods Program, Corporate Counsel, Cross-border deals, Cross-border trade, Currency Reporting, Customs Law, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Politics, Tax, Trade Agreeements, Trade Remedies, Transportation

Originally published by the Journal of Commerce – November 2016 Fans of ESPN’s College Game Day© will recognize this tag line from the reaction of Lee Corso when he disagrees with others when panelists predict winners of selected college football games. If you prefer a different sports metaphor, there is Aaron Rodger’s 2014 now famous… Continue Reading

What Does The Election of President Trump Mean For Canada?

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Cross-border deals, Cross-border trade, Elections, Export Controls & Economic Sanctions, Immigration law, NAFTA, Softwood Lumber, State Governments, Trade Agreeements, Trade Remedies

On November 8, 2016, Donald Trump was elected President of the United States.  What does this mean for Canadian businesses in terms of trade? President-elect Trump has said he is opposed to the TransPacific Partnership Agreement (“TPP”).  It is highly unlikely that TPP will be ratified.  Canada will have to negotiate strategic bilateral free trade… Continue Reading

The CBSA (as Administrator of Laws) Must Follow CITT Decisions (Subject to Limited Exceptions)

Posted in Antidumping, Cross-border litigation, Customs Law, Government Procurement, Imports Restrictions

This case is a must-read for all customs and trade lawyers.  This case is a must- read by other administrative lawyers who appear before quasi-judicial tribunals. The general administrative law rules for law enforcers and tribunals have been clarified in simple, understandable terms. May there be greater certainty, greater predictability and finality as a result of this… Continue Reading

What Is A CITT Section 18 Reference?

Posted in Antidumping, Canada's Federal Government, Cross-border trade, Legal Developments, Trade Remedies

On October 17, 2016, Canada’s Department of Finance announced that the Government of Canada had asked the Canadian International Trade Tribunal (“CITT”) to conduct an inquiry (actually, it is a Reference) in respect of the antidumping case involving gypsum board from the United States and imported into Western Canada in order to hear from a… Continue Reading

Canada Acknowledges Antidumping Proceedings Hurt Consumers

Posted in Antidumping, Canada's Federal Government, Trade Remedies

This has never happened before.  This is very important.  Trade lawyers outside Canada (and inside Canada) will be shocked by the steps being taken in Canada during an active antidumping proceeding. On October 16, 2016, the Department of Finance asked the Canadian International Trade Tribunal to commence a section 18 (of the Canadian International Trade Tribunal… Continue Reading

Importing Goods From China: Three Things You Must Do To Minimize Border Costs

Posted in Antidumping, Customs Law, GST/HST, Imports Restrictions, Intellectual Property, origin, tariff classification, Trade Remedies, valuation

Canadian businesses, small, medium and large import goods from China. It is a reality in a globalized supply chain.  Many Canadian businesses buy Chinese-origin goods from suppliers in a third country (e.g., the United States). Most businesses understand that they must pay all applicable customs duties at the time of importation.  Many companies understand that… Continue Reading

What Should Canadians Listen For While Watching the U.S. Presidential Debate

Posted in Antidumping, Border Security, Buy America, Canada's Federal Government, Cross-border deals, Cross-border trade, Elections, Export Controls & Economic Sanctions, Immigration law, NAFTA, NAFTA Chapter 11, Politics, Softwood Lumber, State Courts, State Governments, Tax, Trade Agreeements, U.S. Federal Government, U.S. Supreme Court, World Trade Organization

Tonight is the first U.S. Presidential Debate.  Every 4 years, Canadian bureaucrats and those interested in politics watch the debates looking for clues as to what good and bad may be coming.  I thought it would be useful to make a list, from the perspective of a Canadian trade lawyer, of what Canadians should listen… Continue Reading

What To Do When You Receive An Antidumping DAS From The CBSA

Posted in Antidumping, Cross-border trade, Trade Remedies

A Detailed Adjustment Statement (“DAS”) is an assessment of antidumping duties and/or countervailing duties, additional GST, and interest.  It is like a tax assessment – only it relates to antidumping and countervailing duties.  Customs duties  and excise taxes can also be imposed on a DAS (with or without antidumping duties).  You would have received an… Continue Reading

Canada Initiates Antidumping Investigation Against Fabricated Industrial Steel Components from Several Countries

Posted in Antidumping, Trade Remedies

On September 12, 2016, the Canada Border Services Agency (“CBSA”) initiated an antidumping investigation against fabricated industrial steel components originating in or exported from China, South Korea, the United Kingdom, Spain and the United Arab Emirates.  A subsidy investigation was also initiated in respect of China. The complaint was filed by Supermetal Structures Inc. (Lévis,… Continue Reading

Importers Can Play The Game Too – Preparing Call Reports To Record Communications

Posted in Antidumping, Trade Remedies

In antidumping injury cases in Canada, the domestic industry often include confidential call reports in their submissions to the Canadian International Trade Tribunal. The call reports document conversations and meetings with importers/distributors and customers in which the customer or distributor asks for a price reduction or says the price offered is too high.  The domestic… Continue Reading

Canada Border Services Agency Issues Preliminary Determination of Dumping Against Gypsum Board From USA

Posted in Antidumping, Trade Remedies

To 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… Continue Reading

Amazing Race: CBSA Edition: Completing Antidumping RFIs In Less Than 30 Days

Posted in Antidumping, Trade Remedies

When the Canada Border Services Agency initiates an antidumping case in Canada, they send the Dumping RFIs to exporters and foreign producers identified by the complaining domestic producer by snail mail. These important packages take many days to reach their destination – while the clock is ticking on the firm deadline.  The exporters and foreign… Continue Reading

Canadian International Trade Tribunal Issues Practice Notice On Filing Questionnaire Replies

Posted in Antidumping, Trade Remedies

On June 10, 2016, the Canadian International Trade Tribunal (“CITT”) issued a Practice Notice entitled “Filing of Questionnaire Replies and Revisions and Issuance of Revised Investigation Report”.  In antidumping and countervailing duty injury inquiries, the CITT issues questionnaires to producers, importers, foreign producers and purchasers.  The CITT compiles the information and data provided by respondents… Continue Reading

Canada Initiates Antidumping Case Against Concrete Reinforcing Bar From Several Countries

Posted in Antidumping, Trade Remedies

On August 19, 2016, the Canada Border Services Agency announced an antidumping investigation against concrete reinforcing bar (also known as rebar) from Republic of Belarus, Chinese Taipei, the Hong Kong Special Administrative Region of the People’s Republic of China, Japan, the Portuguese Republic and the Kingdom of Spain.  In 2014, provisional antidumping duties were imposed… Continue Reading

ACE Allows For Stricter Customs Enforcement

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Legal Developments, Trade Agreeements, Trade Remedies

Originally Published by the Journal of Commerce in August 2016 In the face of its recent reorganization and enhanced computer system, it was really only a matter of time before the trade community started to see Customs and Border Protection (“CBP”) better organize its enforcement efforts, and now the first tangible step has been publicly… Continue Reading