On February 10, 2025, the Canadian International Trade Tribunal (the “CITT”) issued a notice that it was beginning an expiry review in respect of certain Hot-Rolled Carbon Steel Plate and high-strength low-alloy steel plate originating in or exported from Brazil, Denmark, Indonesia, Italy, Japan, and South Korea (the “Subject Goods”).  On February 11, 2025, the Canada Border Services Agency (the “CBSA”) similarly gave notice of the initiation of their parallel expiry review investigation (in respect of “Hot-rolled carbon steel plate 7”).

More details on the technical definition of the Subject Goods can be found here.

What is an Expiry Review

Expiry reviews are conducted by the CITT (with the investigative assistance of the CBSA) to review any prior Anti-Dumping Duty (“ADD”) or Countervailing Duty (“CVD”) finding or order made by the CITT (“Order”) under the 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 CITT to determine whether the prior Order remains necessary.  First the CBSA determines the likelihood of resumed/continued dumping/subsidizing if the Order expires, and then the CITT determines the likelihood of injury arising from the resumption/continuation of dumping/subsidizing.

Background

The CBSA initiated its original investigation of the Subject Goods on September 5, 2013, in response to a complaint from Essar Steel Algoma Inc., an Ontario manufacturer of like goods.  On September 6, 2013, the CITT began its parallel injury inquiry.

The CBSA issued their final determination on April 17, 2014, concluding that there was dumping.  The CITT then made its final finding that said dumping was threatening to cause injury to the domestic industry on May 20, 2014.

The first Expiry Review took place in 2019, and concluded with the CITT issuing an order on March 13, 2020, continuing its original finding of a threat of material injury, with several product exclusions.  The finding was further narrowed to exclude Subject Goods exported from South Korea by Hyundai Steel on September 8, 2022.

The current expiry review will determine whether the ADD measures will be renewed for another five years or allowed to expire.

How do I Get Involved?

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.  If interested in participating, a Notice of Participation must be filed by February 25, 2025!

The CBSA will provide Canadian producers, importers, and foreign producers questionnaires in order to gather information –  responses and other information are due on March 20, 2025.

The CITT has tentatively scheduled a public hearing for October 6, 2025, and their Order and Reasons are expected by December 17, 2025.

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