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

Category Archives: Antidumping

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Money, Money, Who Owes the Money?

Posted in Antidumping, Corporate Counsel, Cross-border trade, Customs Law, Legal Developments

Originally published by the Journal of Commerce in October 2017 You receive an invoice from Customs and Border Protection (CBP) for additional duty assessed on an entry. When do you have to pay it?  Presumably the answer is within thirty (30) days, but maybe not! One of the members of the trade bar was recently… Continue Reading

Walking the North Korean Tightrope

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Imports Restrictions, Intellectual Property, Legal Developments, Trade Agreeements, Trade Remedies, Transportation

On September 21, 2017, President Trump issued an Executive Order (yet to be numbered) (“EO”) imposing additional sanctions on North Korea. It took affect the next day. The general press has quoted Treasury Secretary Mnuchin as stating: “Foreign financial institutions are now on notice that going forward they can choose to do business with the… Continue Reading

Solar Flare Up with China

Posted in Antidumping, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Imports Restrictions, Legal Developments, Trade Agreeements, Trade Remedies

Two actions took place at the end of last week which heighten concerns that a trade war with China could be ever more likely.  First, there was the preliminary decision in the solar panels 201 case.  Then, we had the additional sanctions imposed by the President on North Korea. The 201 solar panel case began… Continue Reading

CBP : Old Issues / New Tricks!

Posted in Antidumping, Border Security, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Exports, Imports Restrictions, Legal Developments, origin, Trade Agreeements, Trade Remedies

Originally published by the Journal of Commerce in September 2017. As the scoundrels of the world are ever more creative with their attempts to circumvent the law, Customs and Border Protection (CBP) responds by implementing new tools.  One new tool is worth considering and one existing tool is worth revisiting. The new enforcement tool is… Continue Reading

Why The U.S. Should Want To Keep NAFTA Chapter 19: Canada’s FCA Significantly Limits Judicial Review in Trade Remedies Cases

Posted in Antidumping, Legal Developments, NAFTA Renegotiations, Trade Remedies

On August 29, 2017, Canada’s Federal Court of Appeal (the second highest court in Canada) issued two decisions dismissing two judicial reviews (one filed by a Korean exporter and the other filed by a Canadian producer) of Canada Border Services Agency (“CBSA”) antidumping calculations on grounds of a lack of jurisdiction.  These cases and the… Continue Reading

Expect Softwood Lumber Breakthrough During NAFTA Modernization Round 3

Posted in Antidumping, Canada's Federal Government, NAFTA, NAFTA Renegotiations, Softwood Lumber, Trade Agreeements, Trade Remedies, U.S. Federal Government

Let’s set out the target date of importance: Round 3 of the NAFTA Modernization/Renegotiation meetings will take place in Ottawa, Canada between September 23-27, 2017. Round 1 took place in Washington D.C. between August 16-20, 2017 and Round 2 will take place in Mexico City between September 1-5 in Mexico City, Mexico. Under U.S. law, the… Continue Reading

What Should Canadian Companies Due Between NAFTA Modernization Rounds?

Posted in Agriculture, Antidumping, Border Security, Buy America, Canada's Federal Government, Cross-border trade, Customs Law, Energy, Environment, Government Procurement, Immigration law, Imports Restrictions, Intellectual Property, International Arbitrations, NAFTA, NAFTA Chapter 11, NAFTA Renegotiations, Politics, Softwood Lumber, Trade Agreeements, Trade Remedies

In the week of August 16, 2017, Canada’s NAFTA modernization team met in Washington D.C. with the United States Trade Representative’s NAFTA renegotiation team and Mexico’s NAFTA modernization team. At the end of the meeting, they issued a Trilateral Statement on the Conclusion of NAFTA Round One and indicated that Round Two will be held in… Continue Reading

Canada Initiates New Antidumping/Subsidy Case Against PET Resin from China, Oman, India and Pakistan

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

On August 18, 2017, the Canada Border Services Agency (“CBSA”) issued a Notice of Initiation stating that it has initiated both an antidumping investigation and a subsidy investigation against PET Resin from China, India, Oman and Pakistan. The subject goods are defined as follows: “Polyethylene terephthalate (“PET”) resin having an intrinsic viscosity of at least… Continue Reading

Trading with China – New Reasons To Be Wary!

Posted in Aerospace & Defence, Agriculture, Anti-Trust/Competition Law, Antidumping, Controlled Goods Program, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Energy, Environment, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Imports Restrictions, Intellectual Property, Labour, Legal Developments, Trade Agreeements, Trade Remedies

Yesterday, August 2, 2017, President Trump signed into law H.R. 3364, the “Countering America’s Adversaries Through Sanctions Act”.  The general press is covering this story by writing about Russia’s initial retaliation taking the form of cutting the staff authorized at the U.S. embassy in Moscow and the seizure of certain U.S. diplomatic property within Russia. … Continue Reading

Canada Commences Review Of Carbon Welded Steel Pipe Order After WTO DSB Panel Report

Posted in Antidumping, World Trade Organization

In December 2016, Canada lost a World Trade Organization (“WTO”) dispute (Canada – Anti-Dumping Measures on Imports of Certain Carbon Steel Welded Pipe from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (DS482)) concerning the Canadian International Trade Tribunal injury determination in the Carbon Steel Welded Pipe case NQ-2012-003 (which involved Chinese Taipei, the Republic… Continue Reading

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… Continue Reading

The Antidumping Wiggle!

Posted in Antidumping, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Imports Restrictions, Legal Developments, Trade Remedies

Originally published by the Journal of Commerce, July 2017 No, this is not the latest Internet craze, but rather evidence of just how persistently Customs and Border Protection (CBP) is enforcing antidumping evasion in the U.S.  It has been routine for CBP to send Requests for Information  to importers seeking production records establishing the individual… Continue Reading

Canada’s New AD/CVD Scope Ruling Process Allows The CBSA To Expand Subject Goods Definition

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

Canada has added a new “Scope Ruling” process to Canada’s antidumping/countervailing duty regime in Bill C-44 “An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures” (also known as “Budget Implementation Act, 2017, No. 1”). Bill C-44 received Royal Assent on June 22, 2017.  The “other measures” include… Continue Reading

A Reason For Foreign Producers To Participate In Canada’s Trade Remedies Cases

Posted in Antidumping, Trade Remedies

Bill C-44 “An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures” (also known as “Budget Implementation Act, 2017, No. 1”) has received Royal Assent (on June 22, 2017).  The “other measures” include amendments to the Special Import Measures Act (Canada’s trade remedies law).  The measures… Continue Reading

Three Notices of Application For Judicial Review Filed Against CITT FISC Decision

Posted in Antidumping, Trade Remedies

On May 25, 2017, the Canadian International Trade Tribunal (“CITT”) made an AD Order in respect of fabricated industrial steel components (“FISC”) originating in or exported from China, South Korea and Spain and made a CVD Order in respect of FISC originating in or exported from China.  On June 9, 2017, the CITT issued its… Continue Reading

Seth Godin’s “On Pie” Applies To Market Access And The World Pie

Posted in Agriculture, Antidumping, Buy America, Canada's Federal Government, Canada-China FTA, Canada-EU CETA, Canada-Ukraine FTA, Cross-border deals, Cross-border trade, Exports, Imports Restrictions, NAFTA Renegotiations, Personal Comments, Politics, Softwood Lumber, Trade Agreeements, Trade Remedies, U.S. Federal Government, World Trade Organization

On April 6, 2017, Seth Godin posted “On Pie” on his blog.  I have thought about what Seth Godin wrote in “On Pie” many times when Canada, US or Canada-US trade issues arise, such as the Softwood Lumber AD/CVD Dispute, the 232 Steel Case, the 232 Aluminum Case, the Canadian FISC AD/CVD Case, NAFTA renegotiation, etc…. Continue Reading

Should Canada Be Concerned About The Pending U.S. Section 232 Steel Report And Punishing Tariffs?

Posted in Antidumping, Corporate Counsel, Cross-border trade, Trade Remedies, U.S. Federal Government

Yes, Canada should be very concerned about the Section 232 Report on steel, which is due to be issued this week (but may be released next week after July 4, 2017).  By way of background, on April 19, 2017, the U.S. Department of Commerce initiated a section 232 of the Trade Expansion Act of 1962… Continue Reading

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