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
Canadian International Trade Tribunal
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…
Canada Commences Review Of Carbon Welded Steel Pipe Order After WTO DSB Panel Report
Canada
In December 2016, Canada lost a World Trade Organization (“WTO”) dispute (Canada – Anti-Dumping Measures on Imports of Certain Carbon Steel Welded Pipe from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (DS482)) concerning the Canadian International Trade Tribunal injury determination in the Carbon Steel Welded Pipe case NQ-2012-003 (which…
Canada Starts AD Expiry Review Re Liquid Dielectric Transformers
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…
Who Has The Burden Of Proof In A Canadian Customs Appeal?
Canada
On July 18, 2017, the Canadian International Trade Tribunal (the “Tribunal”) posted its decision in Schlumberger Canada Limited v. President of the Canada Border Services Agency (CITT Appeal No. AP-2015-022). In this decision, the Tribunal opined on who has the burden of proof in tariff classification appeals.
First, it is important to know that,…
Canada’s New AD/CVD Scope Ruling Process Allows The CBSA To Expand Subject Goods Definition
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. …
Three Notices of Application For Judicial Review Filed Against CITT FISC Decision
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…
Exporters Who Receive De Minimis Dumping Margins in Canadian AD Cases Now Being Excluded From Final Orders
Foreign producers and exporters who receive a de minimis dumping margin (2% or less) in a Canadian antidumping case are now being excluded from final injury orders (that is, final orders for the imposition of antidumping duties). What this means is that any foreign producer or exporter who priced at undumped levels (above domestic selling…
The CBSA (as Administrator of Laws) Must Follow CITT Decisions (Subject to Limited Exceptions)
This case is a must-read for all customs and trade lawyers. This case is a must- read by other administrative lawyers who appear before quasi-judicial tribunals. The general administrative law rules for law enforcers and tribunals have been clarified in simple, understandable terms. May there be greater certainty, greater predictability and finality as a result…
What Is A CITT Section 18 Reference?
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…


