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Initiation of Expiry Review: Structural Tubing from Korea and Türkiye
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On September 9, 2024, the Canadian International Trade Tribunal (the “CITT”) issued a notice that it was beginning an expiry review in respect of certain Structural Tubing (also called Hollow Structural Sections) originating in or exported from the Republic of Korea and the Republic of Türkiye (the “Subject Goods”). On September 10, 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 original investigation of the Subject Goods was initiated by the Commissioner of Customs and Revenue (the “Commissioner”) on May 21, 2003, in response to a complaint from three Ontario producers of like goods. On May 22, 2003, the CITT began its parallel injury inquiry.
The Commissioner issued their final determination on November 17, 2003, concluding that there was dumping. The CITT then made its final finding that said dumping had caused or was threatening to cause injury to the domestic industry on December 23, 2003.
Three previous Expiry Reviews took place in 2008, 2013, and 2019, and each concluded with the CBSA determining that there was a likelihood of continued or resumed dumping of the Subject Goods and the CITT issuing orders on December 22, 2008, December 20, 2013 and October 16, 2019 continuing in part or without amendment, its original finding of material injury.
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 promptly by September 24, 2024!
As part of their investigation the CBSA will provide Canadian producers, importers, and foreign producers questionnaires in order to gather information – responses and other information are due on October 17, 2024.
The CITT has tentatively scheduled a public hearing for May 5, 2025, and their Order and Reasons are expected by July 16, 2025.