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 on rebar from China, Korea and Turkey (and the Canadian International Trade Tribunal (CITT) issued an injury determination in 2015).
There are two separate proceedings. The CITT conducts a Preliminary Injury Inquiry within the first 60 days. See our recent post on What is a Preliminary Interest 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 CBSA’s timeline of important dates is as follows:
September 9, 2016 – CBSA: Importer responses to CBSA Requests for Information are due
September 26, 2016 – CBSA: Exporter responses to CBSA Requests for Information are due (no extensions are granted)
November 17, 2016 – CBSA issues preliminary dumping determination (unless the CBSA extends by up to 45 days)
January 5, 2017 – CBSA: Closing of the Record Date
January 12, 2017 – CBSA: Case arguments due from all parties
January 19, 2017 – CBSA: Reply submissions are due
February 15, 2017 – CBSA issues final determination
If you require any assistance, please contact Cyndee Todgham Cherniak at 416-307-4168 or email@example.com.
Other articles we have written concerning Canada’s antidumping regime: