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ANTI-DUMPING MEASURES ON VIETNAMESE GOODS

CORROSION-RESISTANT STEEL SHEETS

Canada has currently imposed eight (8) separate anti-dumping ("AD") and/or countervailing duty ("CVD") orders against products from Vietnam.  These measures effectively raise the price of targeted Vietnamese goods in the Canadian market, reducing their competitiveness in the Canadian marketplace.

Notably, one of such measures is the AD Order on Corrosion-Resistant Steel Sheets from Vietnam, issued under the Canadian International Trade Tribunal’s (the “CITT’s”) Order NQ-2019-002 (the “Order”).  However, this Order is set to expire in November 2025, which means that there may be an opportunity to advocate for their termination under the CITT’s "Sunset Review" process.

What is the CITT's Sunset Review Process?

A Sunset Review Process (formally called an Expiry Review) is conducted by the CITT to assess whether an existing AD/CVD Order should be allowed to expire as scheduled, or whether it ought to be renewed for another five (5) year period.

This is in important opportunityfor affected exporters and foreign producers to engage or re-engage with the process, and advocate for the termination of the order.

Important Steps in the Sunset Review Process?

The CITT typically initiates its sunset review process about two (2) months prior to the scheduled expiry of the applicable AD/CVD Order by issuing a Notice of Expiry to interested parties (domestic producers, importers, foreign exporters, governments, etc.).

The Canada Border Services Agency ("CBSA") is then tasked with investigating and ultimately determining whether dumping or subsidization is likely to continue or resume if the applicable AD/CVD Order is allowed to expire.  This involves collecting detailed submissions from interested parties.

Where CBSA determines that dumping or subsidization is unlikely to continue, the applicable AD/CVD Order is terminated – although that tends to occur rarely.  Where CBSA determines that dumping or subsidization is likely to continue, the process moves back to the CITT.  In that case, the CITT then considers whether continued dumping or subsidization would likely cause material injury to Canadian domestic producers.  If so, the Order is renewed for another five years.

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