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

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 0.70 deciliters per gram but not more than 0.88 deciliters per gram, including PET resin that contains various additives introduced in the manufacturing process, as well as blends of virgin PET resin and recycled PET containing 50 percent or more virgin PET resin content by weight, originating in or exported from the People’s Republic of China, the Republic of India, the Sultanate of Oman and the Islamic Republic of Pakistan.”

The following additional information is provided:

“Polyethylene terephthalate (PET) is a clear, strong and lightweight plastic belonging to the polyester family. PET is typically called polyester when used for fibers or fabrics and PET or PET resin when used for bottles, jars, containers and packaging applications. PET resin meeting the product definition is typically used in the production of plastic beverage bottles, in packaging for food and manufactured products, in containers for household and automotive products, and in industrial strapping.

One of the most important characteristics of PET is referred to as intrinsic viscosity (IV). The IV of the material is measured in decilitres per gram (dl/g) and it is a measure of the polymer’s molecular chain length and molecular weight.

PET resin may contain some recycled material, although PET resin for packaging end uses (i.e. meeting the product definition parameters of 0.70 to 0.88 IV) is generally limited to a recycled content of 20%, and in any case, would not exceed a recycled content of 50%, which is a threshold included in the product definition.”

Like goods are goods that are identical or similar to the subject goods and are sold in the exporter’s domestic market.  Identical goods are goods that are identical in all respects to the subject goods exported to Canada by having all the characteristics used to identify a model.  For this investigation, a good is identical when it has the same following six characteristics:

  1. Trade Name
  2. Grade
  3. Intrinsic Viscosity
  4. Post-Consumer-Recycled (PCR) Content
  5. Copolymer Content
  6. Functional Additives

A good is considered similar when it has different but equivalent characteristics.

  • Prior to January 1, 2017, the subject goods were normally classified under the following Harmonized System (HS) codes
    • 60.00.10
    • 60.00.90
  • Beginning January 1, 2017, under the revised customs tariff schedule, the subject goods would be normally imported under the following tariff codes:
    • 61.00.00
    • 69.00.10
    • 69.00.90

This listing of HS codes is for convenience of reference only.  Refer to the product definition for authoritative details regarding the subject goods.

 

Proceedings:

There are four separate proceedings:

1) The CBSA conduct and antidumping investigation.  Within the first 90 days, the CBSA sends Exporter Requests for Information that must be filed on or before the specified deadline.  The CBSA may send supplemental requests for information.  The Requests for Information permit the CBSA to calculate preliminary dumping margins.  It is preferable to obtain a company-specific dumping margin – especially if an exporter has not dumped goods into Canada; and

2) The CITT conducts a Preliminary Injury Inquiry within the first 60 days.  See our 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).

3) The CBSA Conducts Final Dumping and Subsidy Investigations: After 90 or 135 days have elapsed, the CBSA starts final investigations. During this period, on-site verifications take place. This process takes 90 days.

4) After the CBSA issued Preliminary Determinations, the CITT conducts a Final Injury Inquiry.  The process takes 90 days.  On or about the 90th day, the CITT starts a hearing.

 

Timeline

The CBSA’s timeline of important dates is as follows:

September 8, 2017 – CBSA: Importer responses to CBSA Requests for Information are due

September 25, 2017 – CBSA: Exporter responses to CBSA Requests for Information are due (no extensions are granted)

November 16, 2017 – CBSA issues preliminary dumping determination (unless the CBSA extends by up to 45 days)

January 4, 2018, at noon – CBSA: Closing of the Record Date

January 11, 2018, by noon – CBSA: Case arguments due from all parties

January 18, 2018, by noon – CBSA: Reply submissions are due

February 14, 2018 – CBSA issues final determination

We recently posted an article entitled “Exporters Who Receive De Minimis Dumping Margins in Canadian AD Cases Now Being Excluded From Final Orders” in which we highlight the benefits of participating in a Canadian antidumping case.  If an exporter can achieve a de minimis dumping margin (less than 2%), the dumping investigation will be terminated against that exporter.  This would allow that exporter to continue to sell to importers in Canada.

 

The CITT’s timeline is as follows:

August 21, 2017 – Notice of commencement of preliminary injury inquiry

September 5, 2017 – Notices of participation and representation, declarations and undertakings

September 11, 2017 – Distribution of documents received from the CBSA

September 19, 2017, by noon – Submissions by parties opposed to the complaint

September 26, 2017, by noon – Replies from the complainant and parties in support of the complaint

October 17, 2017 – Determination

November 1, 2017 – Reasons for determination of Preliminary injury

Dates for Final Injury inquiry are provided later.

The CITT will normally make a finding that the complaint discloses a reasonable indication of injury.  The threshold is set very low.  However, the CITT will consider classes of goods arguments and other issues raised or brought to their attention that may be relevant in the final injury inquiry.  The CITT formulates questionnaires and information about the product at issue and the parties in the market can help the CITT in the final injury inquiry.

If you require any assistance, please contact Cyndee Todgham Cherniak at 416-307-4168 or cyndee@lexsage.com.

 

Other articles we have written concerning Canada’s antidumping regime:

Top 10 Mistakes Make By Exporters When Completing Antidumping Requests For Information

Who is the Exporter for Special Import Measures Act (SIMA) Purposes?

CBSA Has Revised The D-Memorandum On The Anti-dumping/Countervailing Duty Redetermination Process

CITT Finds Reduction Or Elimination of Rebar AD/CVD Duties Not In Public Interest