On June 24, 2024, the Canadian International Trade Tribunal (the “CITT”) issued a notice that it was beginning an expiry review in respect of silicon metal originating in or exported from the People’s Republic of China (the “Subject Goods”).  On June 25, 2024, the Canada Border Services Agency (the “CBSA”) similarly gave notice of the initiation of their parallel expiry review investigation.

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 April 22, 2013, in response to a complaint from a Quebec manufacturer.  On April 23, 2013, the CITT began its parallel injury inquiry.

The CBSA issued their final determination on October 21, 2013, concluding that there was dumping and subsidizing.  The CITT then made its final finding that said dumping and subsidy were threatening to cause injury to the domestic industry on November 19, 2013.

The first Expiry Review took place in 2019, and concluded with the CBSA determining that there was a likelihood of resumed or continued dumping and subsidizing of the Subject Goods, and the CITT issuing an order on August 22, 2019 continuing its original finding of material injury. 

The current expiry review will determine whether the ADD/CVD 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 and CVDs.  If interested in participating, a Notice of Participation must be filed by July 9, 2024!

The CBSA will provide Canadian producers, importers, and foreign producers questionnaires in order to gather information –  responses and other information are due on August 1, 2024.

The CITT has tentatively scheduled a public hearing for February 17, 2025, and their Order and Reasons are expected by April 30, 2025.

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