On May 15, 2023, the Canadian International Trade Tribunal (“CITT”) issued a notice that it was beginning an Expiry Review in respect of dry wheat-based pasta originating in or exported from the Republic of Turkey (“Turkey”).
Anyone wanting to participate in the expiry review must file a Notice of Participation with the CITT by May 30, 2023!
On April 26, 2023, the Canadian Border Services Agency (“CBSA”) issued a notice concluding its re-investigation in respect of corrosion-resistant steel sheet (“COR”) originating in or exported from China, Taiwan, India, or South Korea, and updating normal values and export prices. Normal values previously in place expired as of April 26, 2023!
Three (3) producers/exporters in China, three (3) in Taiwan, and two (2) in South Korea fully co-operated with CBSA and were assigned normal values (and export prices, as applicable) as part of the re-investigation. All other producers and exporters will be subject to the following rates of ADDs:
On May 4, 2023, the Canadian Border Services Agency (“CBSA”) issued a notice that it will be conducting a re-investigation in respect of carbon steel welded pipe originating in or exported from Taiwan, India, Oman, South Korea, Thailand, and the UAE (the “Listed Countries”). CBSA has issued a Request for Information (“RFI”) to both importers and exporters, and responses are due June 5, 2023 and June 12, 2023, respectively!
Normal values established during the re-investigation will be effective as of the end date of the re-investigation, and all normal values currently in place will expire on that date.
Exporters of Subject Goods from the Listed Countries should consider cooperating with CBSA, as the potential anti-dumping duties (“ADDs”) for goods without normal values range from 29.6% for goods from Taiwan, to 54.2% for goods from the other Listed Countries. Exports from India are also subject to a countervailing duty (“CVD”) of 23,872 rupees per metric ton!
We frequently act for Clients whose goods or vehicles have been seized by Canada Border Services Agency (“CBSA”). More often that one would think, these seizures involve goods or conveyances (e.g., tractor-trailers, utility vehicles, transport trailers) that are owned by a person other than the importer (e.g., lease goods, borrowed goods, goods subject to a PPSA security).
Where this happens, the true owner is a third party to the seizure but must often take specific steps to protect its legal interest in the seized property. If nothing is done, the owner can often find the goods subject to forfeit and sold or disposed of by CBSA!
One of the most difficult aspects of dealing with anti-dumping measures can be figuring out whether goods are caught by an active measure or not. Because appeals in this area are pay-to-play, getting these issues right up front is extremely important!
Luckily, the Special Import Measures Act (“SIMA”) provides a formal process – called a “scope proceeding” – which will determine whether a good is caught by an Order (as well as Findings or Undertakings)!
While the technical aspects of a scope proceeding are complicated, based on historical jurisprudence in this area, many Clients prefer the certainty of a scope proceeding than simply importing on speculation – especially where the potential costs of CBSA taking a different view are measured in one, two and three times of goods sold!
Toronto Office
10 Lower Spadina Avenue, Suite 200, Toronto, Ontario, M5V 2Z2 Canada
Phone: (416) 864-6200| Fax: (416) 864-6201
