On June 8, 2016, the Canada Border Services Agency (CBSA) initiated an anti-dumping case against gypsum board originating in or exported from the United States of America into Canada for use in British Columbia, Alberta, Saskatchewan, Manitoba, the Yukon Territories or the Northwest Territories. The case was filed by CertainTeed Gypsum Canada Inc. of Mississauga.
What is unique about this case is the regional nature of the case. The only other regional case relates to certain potatoes originating in or exported from the United States into British Columbia. The Potatoes Case is Canada’s longest standing anti-dumping case, having started in 1984 (most recently renewed for another 5 years in 2015). However, there are no cases dividing Canada into the East and the West. As a result, this Gypsum Board case is going to be very interesting.
There was a Gypsum Board Case many years ago – but it was a Canada-wide case. NQ-92-004 was the first Gypsum Board Case against the United States and the Canadian International Trade Tribunal (CITT) made an injury finding that remained in place for 5 years and was rescinded in RR-97-004 (the first expiry/sunset review). The scope of that case is different from the current case.
What you need to know about Gypsum Board 2016:
The definition of the subject goods is:
“gypsum board, sheet, or panel (“gypsum board”) originating in or exported from the United States of America, imported into Canada for use or consumption in the provinces of British Columbia, Alberta, Saskatchewan, and Manitoba, as well as the Yukon and Northwest Territories, composed primarily of a gypsum core and faced or reinforced with paper or paperboard, including gypsum board meeting or supplied to meet ASTM C 1396 or ASTM C 1396M or equivalent standards, regardless of end use, edge-finish, thickness, width, or length, excluding (a) gypsum board made to a width of 54 inches (1,371.6 mm); (b) gypsum board measuring 1 inch (25.4 mm) in thickness and 24 inches (609.6 mm) in width regardless of length (commonly referred to and used as “paper-faced shaft liner”); (c) gypsum board meeting ASTM C 1177 or ASTM C 1177M (commonly referred to and used primarily as “glass fiber re-enforced sheathing board” but also sometimes used for internal applications for high mold/moisture resistant applications); (d) double layered glued paper-faced gypsum board (commonly referred to and used as “acoustic board”); and (e) gypsum board meeting ISO16000-23 for sorption of formaldehyde. All dimensions are plus or minus allowable tolerances in applicable standards (the subject goods).”
There are two separate proceedings. The Canadian International Trade Tribunal conducts a Preliminary Injury Inquiry within the first 60 days. See our recent post on “What is a Preliminary Injury Inquiry?” In the Preliminary Injury Inquiry, the CITT looks at whether the complaint discloses a reasonable indication of injury. Normally, the CITT will consider issues on (1) scope, (2) classes of goods and (3) evidentiary issues. Since this is a regional case, arguments about test for regional cases and whether this is an appropriate regional case will likely be very relevant. Companies should participate early and raise relevant issues with the CITT.
The CBSA conducts a Preliminary Dumping Investigation within the first 90 days (the period overlaps with the CITT Preliminary Injury Inquiry).
The combined timeline of important dates is as follows:
June 21, 2016 – CITT: Notices of participation and representation, declarations and confidentiality undertakings are due
June 27, 2016 – CITT: will distribute documents to parties who have filed a notice of representation (confidential documents are sent to counsel who have signed confidentiality undertakings)
June 29, 2016 – CBSA: Importer responses to CBSA Requests for Information are due
July 6, 2016 – CITT: Submissions by parties opposed to a preliminary injury finding (usually importers, exporters, foreign producers and Canadian users) are due by noon
July 13, 2016 – CITT: Submissions by Canadian domestic industry in reply (and parties in support of a preliminary injury finding) are due by noon
July 15, 2016 – CBSA: Exporter responses to CBSA Requests for Information are due (no extensions are granted)
August 5, 2016 CITT: Issues Preliminary Injury Decision.
September 6, 2916 – CBSA: issues Preliminary Dumping Determination (unless the CBSA extends by up to 45 days)
If you require any assistance, please contact Cyndee Todgham Cherniak at 416-307-4168 or email@example.com.