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

Tag Archives: countervailing duty

Canada’s New Formalized Process for AD/CVD Scope Rulings

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

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… 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

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

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

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

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

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

Canadian International Trade Tribunal Issues Practice Notice On Filing Questionnaire Replies

Posted in Antidumping, Trade Remedies

On June 10, 2016, the Canadian International Trade Tribunal (“CITT”) issued a Practice Notice entitled “Filing of Questionnaire Replies and Revisions and Issuance of Revised Investigation Report”.  In antidumping and countervailing duty injury inquiries, the CITT issues questionnaires to producers, importers, foreign producers and purchasers.  The CITT compiles the information and data provided by respondents… Continue Reading

Canada Initiates Antidumping Case Against Concrete Reinforcing Bar From Several Countries

Posted in Antidumping, Trade Remedies

On August 19, 2016, the Canada Border Services Agency announced an antidumping investigation against concrete reinforcing bar (also known as rebar) from Republic of Belarus, Chinese Taipei, the Hong Kong Special Administrative Region of the People’s Republic of China, Japan, the Portuguese Republic and the Kingdom of Spain.  In 2014, provisional antidumping duties were imposed… Continue Reading

What Is A Preliminary Injury Inquiry In The Canadian Anti-Dumping/Countervailing Duty Trade Remedies Process?

Posted in Antidumping

What is a preliminary injury inquiry? When the Canada Border Services Agency (“CBSA”) initiates an anti-dumping and/or countervailing duty complaint filed by the domestic industry, the Canadian International Trade Tribunal (“CITT”) is mandated to conduct a preliminary injury inquiry. The CITT considers whether the complaint discloses a reasonable indication of injury. The burden of proof… Continue Reading

China Would Like Canada To Accept It As A Market Economy

Posted in Antidumping, Trade Remedies, World Trade Organization

China would very much like Canada to accept that it is a market economy.  This is relevant in the context of anti-dumping and countervailing duty cases. Currently, under the World Trade Organization rules, if a country is not a market economy, a WTO member may use surrogate or third party information when calculating margins of… Continue Reading

Very High Preliminary Duties in Canada’s Line Pipe Antidumping/Countervailing Duty Case

Posted in Antidumping

On November 26, 2015, the Canada Border Services Agency (“CBSA”) issued its notice of preliminary determination of dumping and subsidization in the Certain Line Pipe case against China.  The preliminary margins, which could change in the final determination, are as follows: Exporter Estimated Margin of Dumping* Estimated Amount of Subsidy* Total Provisional Duties Payable* Baoshan… Continue Reading

The CBSA Has Revised D-Memo 14-1-2 Relating to Disclosure of SIMA Duties

Posted in Antidumping, Cross-border trade, Legal Developments, Trade Remedies

On August 27, 2015, the Canada Border Services Agency (“CBSA”) re-issued D-Memorandum D-14-1-2 “Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established Under the Special Import Measures Act”. The new D-Memo, which supercedes the previous version, is different. The D-Memo primarily applies to importers who must pay applicable antidumping and/or countervailing duties on… Continue Reading

No More Bonds

Posted in Customs Law, Trade Remedies

One of the areas where revenue collections have taken a hit for the U.S. government has been with antidumping and countervailing duties. That will now come to something of an end. In the Federal Register dated October 3, 2011, the International Trade Administration of the Dept. of Commerce (ITA) published a change to its procedures…. Continue Reading