On November 14, 2023, the Canadian International Trade Tribunal (“CITT”) issued a notice that it was beginning an expiry review in respect of cold-rolled steel originating in or exported from the People’s Republic of China (“China”), the Republic of Korea (“South Korea”), and the Socialist Republic of Vietnam (“Vietnam”). On November 15^th CBSA similarly gave notice of the initiation of their parallel expiry review investigation.

The CITT more specifically described the Subject Goods as:

Cold-reduced flat-rolled sheet products of carbon steel (alloy and non-alloy), in coils or cut lengths, in thicknesses up to 0.142 inches (3.61 mm) and widths up to 73 inches (1854 mm) inclusive, originating in or exported from the People’s Republic of China, the Republic of Korea, and the Socialist Republic of Vietnam.

The following are excluded from the definition of Subject Goods:

a) organic coated (including pre-paint and laminate) and metallic coated steel; b) steel products for use in the manufacture of passenger automobiles, buses, trucks, ambulances or hearses or chassis therefor, or parts thereof, or accessories or parts thereof; c) steel products for use in the manufacture of aeronautic products; d) perforated steel; e) stainless steel; f) silicon-electrical steel; and g) tool steel.

What is an Expiry Review

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

Expiry Reviews are designed to allow the CBSA to investigate whether the expiry of a prior is likely to result in the continuation or resumption of dumping or subsidizing of the Subject Goods, and the CITT to determine whether continued material injury would occur to a domestic industry.

Background

The CBSA initiated its investigation of the Subject Goods on May 25, 2018, in response to a complaint from Canadian producer ArcelorMittal Dofasco G.P., a subsidiary of ArcelorMittal S.A. On May 28, 2018 the CITT began its parallel preliminary injury inquiry.

The CITT issued a preliminary determination of injury on July 24. Then the CBSA issued their preliminary determination on dumping and subsidy on August 23, 2018, followed by their final determination on same on November 15, 2018. The CITT then made its finding that said dumping and subsidy was causing injury to the domestic industry on December 21, 2018, which is the subject of this review.

Next Steps

Foreign producers and Canadian importers of Subject Goods should consider participating in the expiry review, particularly if they are interested in requesting an exclusion for their products. Canadian producers should also consider participating if they wish the CITT to renew the current ADDs and CVDs. If interested in participating, a Notice of Participation must be filed by November 29^th, 2023!

The CBSA will provide Canadian producers and importers, and foreign producers questionnaires in order to gather information – these are scheduled to be sent on April 15^th, 2024.

The public hearing is scheduled for July 8^th, 2024 and the CITT’s Order and Reasons are scheduled for September 19^th, 2024.

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