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

Tag Archives: antidumping

The Government of Canada Has Not Appointed Needed Canadian International Trade Tribunal Members

Posted in Antidumping, Canada's Federal Government, Customs Law, Government Procurement

Canada is nearing a trade law crisis point that, quite frankly, is avoidable and easily solved.  There are too few permanent members of the Canadian International Trade Tribunal (“CITT”) for the workload.  Section 3 of the Canadian International Trade Tribunal Act provides for the appointment of a Chairman and six (6) permanent members to the… Continue Reading

Bombardier Is The Big Winner

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Antidumping, Cross-border deals, Cross-border trade, Customs Law

In a result that was shocking to most, on Friday, January 26, 2018, the International Trade Commission announced a finding of NO material injury to American industry (read Boeing) and so voted to NOT impose either antidumping or countervailing duty on Bombardier’s 100 to 150 seat jets.  This brings to an end a very high profile… Continue Reading

New Tariffs: Trade War Washing Ashore?

Posted in Antidumping, Corporate Counsel, Cross-border trade, Customs Law, Imports Restrictions, Legal Developments, Trade Remedies, World Trade Organization

Yesterday, January 22, 2018, U.S. Trade Representative (USTR) Robert Lighthizer announced the imposition of safeguard tariffs on solar cells and modules.  Much has been said in the general press about this case, but only now is the key point starting to register, and is something international traders immediately thought about  – is President Trump starting… Continue Reading

A Long Time Coming: Canada Files WTO Case Against U.S. Systematic Trade Remedies Measures

Posted in Antidumping, Canada's Federal Government, Softwood Lumber, Trade Agreeements, Trade Remedies, U.S. Federal Government, World Trade Organization

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 Request… Continue Reading

Canada Initiates Anti-dumping/Countervailing Duty Investigations Against Dry Wheat Pasta from Turkey

Posted in Antidumping, Cross-border trade, Trade Remedies

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 of dumping“…. Continue Reading

Companies Who Did Not Export Dumped or Subsidized Goods Should Ask CITT or Minister of Finance To Be Removed From Order

Posted in Antidumping, Trade Remedies

On December 8, 2017, in LE-2017-003, the Canadian International Trade Tribunal (“CITT”) decided to not initiate an expiry review (Canada’s sunset review) with respect to carbon steel welded pipe manufactured by Conares Metal Supply Ltd. (“Conares”) from the United Arab Emirates. The CITT found that an expiry review was warranted with respect to carbon steel… Continue Reading

Canada Commences PET Resin Antidumping/Countervailing Duty Injury Inquiry

Posted in Antidumping, Trade Remedies

On November 17, 2017, the Canadian International Trade Tribunal (“CITT”) announced the commencement of the antidumping/countervailing duty injury inquiry in respect of polyethylene terephthalate resin (PET resin) originating in or exported from China, India, Oman, and Pakistan. The Subject Goods are defined as “PET resin having an intrinsic viscosity of at least 0.70 deciliters per gram but not more… Continue Reading

What is the Canadian International Trade Tribunal?

Posted in Antidumping, Canada's Federal Government, Customs Law, Government Procurement, origin, tariff classification, Trade Remedies, valuation

The Canadian International Trade Tribunal (also known as the “CITT”) is an independent, Canadian quasi-judicial administrative tribunal that adjudicates a variety of international trade cases and matters. The CITT is the place to go to receive a fair, timely, transparent and effective resolution of a trade-related dispute and/or government-mandated inquiry/dispute, provided that the trade-related dispute is… Continue Reading

CBP : Old Issues / New Tricks!

Posted in Antidumping, Border Security, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Exports, Imports Restrictions, Legal Developments, origin, Trade Agreeements, Trade Remedies

Originally published by the Journal of Commerce in September 2017. As the scoundrels of the world are ever more creative with their attempts to circumvent the law, Customs and Border Protection (CBP) responds by implementing new tools.  One new tool is worth considering and one existing tool is worth revisiting. The new enforcement tool is… Continue Reading

Why The U.S. Should Want To Keep NAFTA Chapter 19: Canada’s FCA Significantly Limits Judicial Review in Trade Remedies Cases

Posted in Antidumping, Legal Developments, NAFTA Renegotiations, Trade Remedies

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… Continue Reading

Canada Starts AD Expiry Review Re Liquid Dielectric Transformers

Posted in Antidumping

On July 25, 2017, the Canadian International Trade Tribunal (“CITT”) initiated an expiry review relating to its November 20, 2012 Order imposing antidumping duties on liquid dielectric transformers originating in or exported from South Korea (CITT File No. NQ-2012-001, continued without amendment in RD-2013-003).  The CITT Order was issued on November 20, 2012. What goods are at issue… Continue Reading

The Antidumping Wiggle!

Posted in Antidumping, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Imports Restrictions, Legal Developments, Trade Remedies

Originally published by the Journal of Commerce, July 2017 No, this is not the latest Internet craze, but rather evidence of just how persistently Customs and Border Protection (CBP) is enforcing antidumping evasion in the U.S.  It has been routine for CBP to send Requests for Information  to importers seeking production records establishing the individual… Continue Reading

Canada’s New AD/CVD Scope Ruling Process Allows The CBSA To Expand Subject Goods Definition

Posted in Antidumping, Canada's Federal Government, Cross-border trade, Trade Remedies

Canada has added a new “Scope Ruling” process to Canada’s antidumping/countervailing duty regime in Bill C-44 “An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures” (also known as “Budget Implementation Act, 2017, No. 1”). Bill C-44 received Royal Assent on June 22, 2017.  The “other measures” include… Continue Reading

Three Notices of Application For Judicial Review Filed Against CITT FISC Decision

Posted in Antidumping, Trade Remedies

On May 25, 2017, the Canadian International Trade Tribunal (“CITT”) made an AD Order in respect of fabricated industrial steel components (“FISC”) originating in or exported from China, South Korea and Spain and made a CVD Order in respect of FISC originating in or exported from China.  On June 9, 2017, the CITT issued its… Continue Reading

Canada Initiates New Antidumping Case Against Carbon And Alloy Steel Line Pipe From South Korea

Posted in Antidumping, Trade Remedies

On June 8, 2017, the Canada Border Services Agency (“CBSA”) issued a Notice of Initiation stating that it has initiated an antidumping case against carbon and alloy steel line pipe from South Korea.  This is not the first line pipe case.  In 2016, the CBSA initiated an antidumping case against line pipe from China and… Continue Reading

Canada’s 2017 Budget Bill Includes Significant Changes To Canada’s Antidumping/Countervailing Duty Laws

Posted in Antidumping, Canada's Federal Government, Trade Remedies

On March 22, 2017, Canada’s Federal Government tabled the 2017 Budget.  Hidden within the supplemental documents is a notice of changes to the Special Import Measures Act (“SIMA”) (Canada’s antidumping and countervailing duty law).  These amendments are very important – most are intended to provide domestic producers greater protection. The changes include: SIMA amendments to permit… Continue Reading

NOT SO FAST!

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Antidumping, Border Security, Controlled Goods Program, Corporate Counsel, Cross-border deals, Cross-border trade, Currency Reporting, Customs Law, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Politics, Tax, Trade Agreeements, Trade Remedies, Transportation

Originally published by the Journal of Commerce – November 2016 Fans of ESPN’s College Game Day© will recognize this tag line from the reaction of Lee Corso when he disagrees with others when panelists predict winners of selected college football games. If you prefer a different sports metaphor, there is Aaron Rodger’s 2014 now famous… Continue Reading

What Does The Election of President Trump Mean For Canada?

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Cross-border deals, Cross-border trade, Elections, Export Controls & Economic Sanctions, Immigration law, NAFTA, Softwood Lumber, State Governments, Trade Agreeements, Trade Remedies

On November 8, 2016, Donald Trump was elected President of the United States.  What does this mean for Canadian businesses in terms of trade? President-elect Trump has said he is opposed to the TransPacific Partnership Agreement (“TPP”).  It is highly unlikely that TPP will be ratified.  Canada will have to negotiate strategic bilateral free trade… Continue Reading

What Is A CITT Section 18 Reference?

Posted in Antidumping, Canada's Federal Government, Cross-border trade, Legal Developments, Trade Remedies

On October 17, 2016, Canada’s Department of Finance announced that the Government of Canada had asked the Canadian International Trade Tribunal (“CITT”) to conduct an inquiry (actually, it is a Reference) in respect of the antidumping case involving gypsum board from the United States and imported into Western Canada in order to hear from a… Continue Reading

Canada Acknowledges Antidumping Proceedings Hurt Consumers

Posted in Antidumping, Canada's Federal Government, Trade Remedies

This has never happened before.  This is very important.  Trade lawyers outside Canada (and inside Canada) will be shocked by the steps being taken in Canada during an active antidumping proceeding. On October 16, 2016, the Department of Finance asked the Canadian International Trade Tribunal to commence a section 18 (of the Canadian International Trade Tribunal… Continue Reading

Importing Goods From China: Three Things You Must Do To Minimize Border Costs

Posted in Antidumping, Customs Law, GST/HST, Imports Restrictions, Intellectual Property, origin, tariff classification, Trade Remedies, valuation

Canadian businesses, small, medium and large import goods from China. It is a reality in a globalized supply chain.  Many Canadian businesses buy Chinese-origin goods from suppliers in a third country (e.g., the United States). Most businesses understand that they must pay all applicable customs duties at the time of importation.  Many companies understand that… Continue Reading

What Should Canadians Listen For While Watching the U.S. Presidential Debate

Posted in Antidumping, Border Security, Buy America, Canada's Federal Government, Cross-border deals, Cross-border trade, Elections, Export Controls & Economic Sanctions, Immigration law, NAFTA, NAFTA Chapter 11, Politics, Softwood Lumber, State Courts, State Governments, Tax, Trade Agreeements, U.S. Federal Government, U.S. Supreme Court, World Trade Organization

Tonight is the first U.S. Presidential Debate.  Every 4 years, Canadian bureaucrats and those interested in politics watch the debates looking for clues as to what good and bad may be coming.  I thought it would be useful to make a list, from the perspective of a Canadian trade lawyer, of what Canadians should listen… Continue Reading

What To Do When You Receive An Antidumping DAS From The CBSA

Posted in Antidumping, Cross-border trade, Trade Remedies

A Detailed Adjustment Statement (“DAS”) is an assessment of antidumping duties and/or countervailing duties, additional GST, and interest.  It is like a tax assessment – only it relates to antidumping and countervailing duties.  Customs duties  and excise taxes can also be imposed on a DAS (with or without antidumping duties).  You would have received an… Continue Reading

Canada Initiates Antidumping Investigation Against Fabricated Industrial Steel Components from Several Countries

Posted in Antidumping, Trade Remedies

On September 12, 2016, the Canada Border Services Agency (“CBSA”) initiated an antidumping investigation against fabricated industrial steel components originating in or exported from China, South Korea, the United Kingdom, Spain and the United Arab Emirates.  A subsidy investigation was also initiated in respect of China. The complaint was filed by Supermetal Structures Inc. (Lévis,… Continue Reading