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
What is the Canadian International Trade Tribunal?
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…
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…
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. …
A Reason For Foreign Producers To Participate In Canada’s Trade Remedies Cases
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”) has received Royal Assent (on June 22, 2017). The “other measures” include amendments to the Special Import Measures Act (Canada’s trade remedies law). The measures…
Does The Canadian International Trade Tribunal Review Intra-Canada Government Procurement Disputes Under The Canadian Free Trade Agreement?
It looks like the Canadian International Trade Tribunal (“CITT”) has not yet been selected by the Federal Government of Canada or any province or territory as the reviewing authority under Chapter Five of the Canadian Free Trade Agreement (Canada’s new and improved internal trade agreement). The Canadian Free Trade Agreement quietly entered into effect on…