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

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…

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…

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…

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…

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…

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

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…

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…

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.  …