The CITT recently announced an Expiry Review of its Order on Seamless Carbon or Alloy Steel Oil & Gas Well Casing from China.

What is an Expiry Review

Expiry reviews are conducted jointly by the Canada Border Services Agency (“CBSA”) and the Canadian International Trade Tribunal (“CITT”) to review prior Anti-Dumping Duty (“ADD”) or Countervailing Duty (“CVD”) orders made by the CITT (“Orders”) under the Special Import Measures Act (“SIMA”).  They generally occur every five years following the original Order or subsequent renewal.

Expiry Reviews allows the CBSA to investigate whether the expiry of a prior Order is likely to result in the continuation or resumption of dumping or subsidization, and if so, then allows the CITT to determine whether domestic industry would be materially injured.

Subject Goods

The CITT’s Expiry Review will include the following Subject Goods:

Seamless carbon or alloy steel oil and gas well casing, whether plain end, beveled, threaded or threaded and coupled, heat-treated or non-heat-treated, meeting American Petroleum Institute specification 5CT, with an outside diameter not exceeding 11.75 inches (298.5 mm), in all grades, including proprietary grades, originating in or exported from the People’s Republic of China (the “Subject Goods”).

History of Orders Involving Steel Oil & Well Casings

The CITT’s order in respect of Seamless Carbon or Alloy Steel Oil and Gas Well Casing was issued on March 10, 2008 (Inquiry NQ-2007-001) and has been continued two times since – in the CITT’s orders of March 11, 2013 (RR-2012-002), and November 28, 2018 (RR-2017-006) respectively.

Why Do I Care?

Canadian importers and foreign producers / exporters need to determine whether to participate in the Expiry Review or risk the continued application of potentially punitive ADDs and CVDs.  Canadian domestic producers (i.e., those benefiting from the existing Orders) are effectively required to participate or risk CBSA’s conclusion that there is insufficient domestic support for a Review.

How Do I Get Involved?

Specialized legal advice in this area is usually a starting point for participation in the process.  Participation will require navigating through detailed CBSA Questionnaires and could involve attendance at the CITT’s public hearings on material injury, all generally with very tight timeframes.  Product Exclusion requests may also be worth considering by Canadian importers and foreign producers/exporters.

Person’s wishing to participate in the Expiry Review must file a Notice of Participation with the CITT by October 3, 2023.

A copy of the Expiry Review Notice and Schedules is available here.

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