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On June 27, 2024, the Canada Border Services Agency (the “CBSA”) announced that it has initiated a re-investigation  in respect of oil country tubular goods originating in or exported from Chinese Taipei, India, Indonesia, South Korea, Thailand, Türkiye and Vietnam (the "Subject Goods”).  This re-investigation falls under measure in force code OCTG2. 

Additionally, the CBSA announced it will also update the surrogate normal values for certain seamless carbon and oil country tubular goods originating in or exported from China, under measure in force codes SC and OCTG1 respectively! The product definitions of the Subject Goods can be found here: OCTG 2, SC, and OCTG 1.

On January 31, 2025, the CBSA released a notice concluding the re-investigation with updated normal values and export prices. 

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Canada Border Services Agency (“CBSA”) recently updated their policy on administrative reviews under the Special Import Measures Act.  These changes are substantial, and amount to an overhaul of the previous policy.

From Ad Hoc To Annual Reviews

The new changes are reflected in Memo D14-1-8, the most significant being the shift from an ad hoc review system to one of annual reviews.  The purpose of the change is to ensure that any updates to normal values, export prices, and subsidy values (“SIMA values”) are more consistently maintained and updated as necessary. 

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On January 27, 2025, the Canada Border Services Agency (the “CBSA”) issued a notice thatit had concluded an undertaking review in respect of certain sucker rods from three exporting parties from the Argentine Republic, the Federative Republic of Brazil and the United Mexican States (the “Subject Goods”). 

More details on the technical definition of the Subject Goods can be found here.

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While Canadian businesses may have a 30-day reprieve from the threatened Trump and Canadian retaliatory tariffs, businesses should take the opportunity now to put plans in place to minimize the fallout should tariffs be enacted.  One avenue businesses can pursue to mitigate the impact of the tariffs is duty drawback.   

While President Trump’s Executive Order removes the option for American businesses to claim duty drawback, Canada Border Services Agency (“CBSA”) has confirmed that duty drawback remains available for Canadian businesses engaged in the import and subsequent export of goods, even if retaliatory tariffs come into force.

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On February 10, 2025, the Canadian International Trade Tribunal (the “CITT”) issued a notice that it was beginning an expiry review in respect of certain Hot-Rolled Carbon Steel Plate and high-strength low-alloy steel plate originating in or exported from Brazil, Denmark, Indonesia, Italy, Japan, and South Korea (the “Subject Goods”).  On February 11, 2025, the Canada Border Services Agency (the “CBSA”) similarly gave notice of the initiation of their parallel expiry review investigation (in respect of “Hot-rolled carbon steel plate 7”).

More details on the technical definition of the Subject Goods can be found here.

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