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 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 Announced New Marking Rules for Steel and Aluminum
On May 30, 2018, Canada’s Minister of Finance announced new marking rules for steel and aluminum products. In a News Release entitled “Canada Bolsters Prevention of Transshipment and Diversion of Steel and Aluminum Products Through Country of Origin Marking Regime“, the Department of Finance announced that Canada was aligning its marking rules with
Canada’s New Formalized Process for AD/CVD Scope Rulings
There is a new/formalized antidumping (AD) and countervailing duty (CVD) procedure in Canada. Importers may now request a formal AD/CVD Scope Ruling from the Canada Border Services Agency (“CBSA”). Only the CBSA can make Scope Rulings relating to a Canadian International Trade Tribunal (“CITT”) AD/CVD Order. Importers should consider filing a request for a Scope
A Long Time Coming: Canada Files WTO Case Against U.S. Systematic Trade Remedies Measures
U.S.A.
On December 20, 2017, Canada filed a Request for Consultations with the World Trade Organization (“WTO”) setting out various concerns with the application of U.S. trade remedies that Canada considers to be inconsistent with WTO rules. On January 10, 2018, the Chairman of the Dispute Settlement Body circulated a communication of Canada’s 32 page
Canada Initiates Anti-dumping/Countervailing Duty Investigations Against Dry Wheat Pasta from Turkey
Canada
On December 28, 2017, the Canada Border Services Agency (“CBSA”) announced that it has initiated antidumping and countervailing duty investigations against dry wheat pasta from Turkey. This is not surprising – there were rumblings about a possible case in 2016. See the article in the Manitoba Co-operator entitled “Canadian pasta makers accuse Turkey
Why The U.S. Should Want To Keep NAFTA Chapter 19: Canada’s FCA Significantly Limits Judicial Review in Trade Remedies Cases
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
Canada Initiates New Antidumping/Subsidy Case Against PET Resin from China, Oman, India and Pakistan
Canada
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