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:

• China:................. 53.3%
• Taiwan:.............. 32.2%
• India:.................. 40.0%
• South Korea:...... 40.0%

Subject Goods are defined as follows (subject to several exclusions):

Corrosion-resistant flat-rolled steel sheet products of carbon steel including products alloyed with the following elements:

• • Boron (B) not more than 0.01%,
  • Niobium (Nb) not more than 0.100%,
  • Titanium (Ti) not more than 0.08%, or
  • Vanadium (V) not more than 0.300%

in coils or cut lengths, in thicknesses up to 0.168 in. (4.267 mm) and widths up to 72 inch (1,828.8 mm) with all dimensions being plus or minus allowable tolerances contained in the applicable standards, chemically passivated, originating in or exported from the People’s Republic of China, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), the Republic of India, and the Republic of Korea.

Background

CBSA originally initiated an investigation in respect of the Subject Goods on August 10, 2018, in response to a complaint from Canadian producer AreclorMittal Dofasco G.P., about imports from China, Taiwan, India and South Korea. On January 22, 2019, the CBSA made a final determination that Subject Goods were being dumped.

On February 21, 2019, the Canadian International Trade Tribunal (“CITT”) issued a finding that the dumping of the Subject Goods (as defined in the finding) had caused injury to the Canadian domestic industry.

As a result of this finding, the ADDs determined by the CBSA came into effect (replacing earlier provisional duties) in respect of Subject Goods.

What’s Next?

Importers are responsible for calculating and declaring any anti-dumping duties or countervailing duties. This means checking with suppliers to find out normal values (and subsidy rates, where applicable), if the subject goods are exported/produced by one of the listed companies. These amounts can be confirmed with CBSA.

While the re-investigation may be over, exporters who have normal values should remember their ongoing obligation to inform CBSA in writing of any relevant changes (for example, domestic prices, costs, market conditions, etc.).

CBSA may also decide to commence further re-investigations if they believe that costs and market conditions have changed substantially.

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