A request for an Expedited Review must include specific information and can be very complex.
Exporters and producers of Chinese Unitized Walls considering this option should get legal advice!
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RENEWED DUMPING DUTIES ON WINDOW WALLS
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RENEWED DUMPING DUTIES ON WINDOW WALLS
CITT CONCLUDES EXPIRY REVIEW ON CHINESE "UNITIZED WALL MODULES"
On March 19, 2025, the Canadian International Trade Tribunal (the “CITT”) announced an Order in Expiry Review RR-2024-001 (the “Order”), continuing its finding of material injury in respect of the dumping of Unitized Wall Modules originating in or exported from the People’s Republic of China (the “Subject Goods”). These goods are used in “curtainwall” or “window wall” systems for the exterior of multi-story buildings.
The Subject Goods
The Subject Goods are defined as:
Unitized wall modules, with or without infill, including fully assembled frames, with or without fasteners, trims, cover caps, window operators, gaskets, load transfer bars, sunshades and anchor assemblies; excluding non-unitized building envelope systems such as stick systems and point-fixing systems originating in/or exported from the People's Republic of China.
What is an Expiry Review?
Expiry reviews are conducted by the CITT (with the investigative assistance of the Canada Border Service Agency) to review any prior Anti-Dumping Duty (“ADD”) or Countervailing Duty (“CVD”) findings made by the CITT (the “Findings”) under the Special Import Measures Act (“SIMA”). Expiry Reviews typically occur every five years following the original findings or subsequent continuation orders.
Expiry Reviews allow the CBSA to investigate whether the expiry of a prior order is likely to result in the continuation or resumption of dumping or subsidizing of the subject goods, and the CITT to determine whether material injury to the domestic industry would be likely as a result.
Why Do I Care?
The Order concludes Expiry Review RR-2024-001, with the current ADDs and CVDs remaining in force for, at minimum, another five years until the next Expiry Review. Only two Chinese exporters have currently been issued normal values and specific amounts of subsidy: (1) Guangzhou Jangho Curtain Wall System Engineering Co., Ltd., and (2) Shenyang Yuanda Aluminum Industry Engineering Co., Ltd.
For all other Chinese exporters, the ADD is 120% of the export price, while the CVD is 458.32 Renminbi (approximately $90 CAD) per square metre.
Canadian importers and foreign exporters and producers will have an opportunity to take part in the next Expiry Review in approximately five years. Canadian domestic producers (i.e., those benefitting from the Order) are essentially required to participate in the next Expiry Review (or risk a conclusion of insufficient domestic support to continue the Order).
Can I Get Involved Now?
Foreign producers and exporters impacted by the Order should consider whether they meet the qualifications to request an Expedited Review from the CBSA. Through an Expedited Review, the CBSA reviews the normal value, export price and amount of subsidy (if applicable) on subject goods for an exporter or producer who was not previously asked to submit information to the CBSA in a prior investigation or reinvestigation.
For help with an Expedited Review, please click here.
Download a PDF copy of this Blog here.