The Canada Border Services Agency (“CBSA”) has created a new dedicated Canada-United States-Mexico Agreement (“CUMSA”) web-page on which implementation information will be posted to assist importers and exporters. CUSMA / USMCA / NAFTA 2.0 is scheduled to enter into force on July 1, 2020 and there will be no transition period. This means that importers
Antidumping
No Judicial Review Available if CBSA Calculates Dumping Margin Incorrectly
On March 31, 2020, Canada’s Federal Court of Appeal (“FCA”) released its decision in Angang Steel Company Limited v. Attorney General (Canada) et al., 2020 FCA 67 in which it dismissed a judicial review of the Canada Border Services Agency’s (“CBSA”) final calculation of a dumping margin for Angang in the dumping investigation against corrosion-resistant…
Canada initiates AD/CVD case against Corrosion Resistant Steel from Turkey, the UAE and Vietnam
On November 8, 2019, the Canada Border Services Agency initiated an antidumping and subsidy case against certain corrosion resistant (galvanized) steel from Turkey, the united Arab Emirates and Vietnam. This is the second corrosion resistant steel case in 18 months. The last corrosion resistant steel case was against China, Taiwan, South Korean and India. In…
Canada commences expiry review of carbon steel fasteners from China/Taiwan
On October 29, 2019, the Canada Border Services Agency announced the start of the expiry review (Canada’s sunset review process) of the antidumping and countervailing duty order against carbon steel fasteners from China (AD/CVD) and Taiwan (only AD). The AD/CVD duties have been in effect since January 2005. We were involved in the original investigation…
The Canadian International Trade Tribunal Has Posted Expiry Review Dates for Existing AD/CVD Orders
The Canadian International Trade Tribunal (“CITT”) has changed their website and have added a page listing all the target dates for expiry reviews (5 year sunset reviews) of existing antidumping and countervailing duty orders.
This is helpful to importers and foreign producers because Canada made changes to the Special Import Measures Act a few years…
Canada Grants Exception to Fabricated Industrial Steel Components Antidumping Order
On August 9, 2019, Canada’s Department of Finance announced that “Canada Welcomes Anticipated Construction of One of the World’s Cleanest LNG Facilities” and hidden in the announcement is an unusual exception to the Canadian International Trade Tribunal’s (“CITT”) antidumping order on Fabricated Industrial Steel Components (“FISC”). On May 25, 2017, the CITT issued…
Canadian Importers of goods subject to SIMA should ensure exporters update normal values
The reality is that all governments, including the Government of Canada, are considering how to make trade remedies laws a more effective tool for protecting domestic manufacturers. How can imports of steel products, aluminum extrusions, chemicals, agricultural products, consumer goods, etc. be discouraged?
On July 19, 2019, the Canada Border Services Agency (“CBSA”) announced it…
Canada is consulting on changes to the trade remedies regime to help Canadian producers
On July 19, 2019, Finance Canada announced public consultations regarding proposed changes to the Special Import Measures Regulations and issued a backgrounder. The proposed changes are in response to submissions by the Canadian steel industry earlier in 2019. The time period for consultations is very short – submissions are due no later than August …
Canada’s Company-Specific Anti-Dumping Normal Value Review Process
In June 2018, Canada implemented a company-specific normal value review process. Normal value reviews are administrative proceedings conducted by the Canada Border Services Agency (CBSA”) upon request by an exporter – here is the link to normal value reviews that have been conducted or that are underway. This new normal value review process is…
Canada and the United States agree to end steel and aluminum tariffs
In March 2018, President Trump signed an executive order imposing Section 232 tariffs on steel products at the rate of 25% and 10% tariffs on aluminum products for reasons of national security. At this time, Canada was exempted from the steel and aluminum tariffs. On June 1, 2018, President Trump signed an executive order to…