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CITT Finding: Concrete Reinforcing Bar 5!

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On January 13, 2025, the Canadian International Trade Tribunal (the “CITT”) announced its Finding in Inquiry NQ-2024-003 (the “Finding”) reporting that the dumping of certain hot-rolled deformed steel concrete reinforcing bar in straight lengths or coils, commonly known as rebar, originating in or exported from the Republic of Bulgaria (Bulgaria), the Kingdom of Thailand (Thailand), and the United Arab Emirates (UAE) (the “Subject Goods”) had caused injury to the domestic industry.

New Anti-Dumping Duties (“ADDs”) now apply to certain Subject Goods imported into Canada and released after January 13, 2025.

Background

The investigation in respect of the alleged dumping of the Subject Goods was initiated on May 3, 2024 by the Canada Border Services Agency (“CBSA”) in response to a complaint filed and supported by 5 Canadian producers of like goods.  (See our previous blog post for more information, including a description of the Subject Goods.)   

On July 2, 2024 and September 13, 2024, the CITT and CBSA issued their preliminary determinations reporting that there was evidence of a reasonable indication that dumping of Subject Goods had caused injury to the Canadian industry, and that dumping had occurred.  Provisional duties were also assigned, which we wrote about here.

On December 12, 2024, the CBSA made its final determination which indicated that (1) the dumping investigation with respect of rebar exported by Thai Steel Profile Public Company Limited was terminated (as rebar exported to Canada from Thailand by this company was not dumped!); and (2) the investigation was not terminated with respect the dumping of the Subject Goods from all other exporters.

Note: Concrete Reinforcing Bar from other countries may be covered by existing anti-dumping orders RB1RB2RB3 and RB4.

Finding and New ADDs

Beginning on January 14, 2025, imports of Subject Goods which are released by the CBSA and for which an exporter has not been issued normal values, are subject to the following ADDs (based on origin):

  • Bulgaria - 25.5%
  • Thailand – 17.6%
  • United Arab Emirates – 26.9%

Specific normal values have been assigned to goods from three (3) exporters: Promet Steel JSC; Tata Steel Manufacturing (Thailand) Public Company Limited; and Conares Metal Supply Limited. 

Additionally, Subject Goods from Thai Steel Profile Public Company Limited are excluded from the new ADDs and any provisional duty paid or security posted in their respect will be refunded.

Can I Get Involved Now?

The new ADDs will remain in force for 5 years.  After that time, Canadian importers and foreign exporters and producers will have an opportunity to take part in an Expiry Review for possible extensions.

In the meantime, exporters impacted by the Finding may be able to request an Expedited Review from the CBSA.  An Expedited Review is the process by which the CBSA will review the normal value, export price and amount of subsidy (if applicable) on subject goods for an exporter who was not asked to participate in a prior investigation. 

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