On September 19, 2024, the Canadian International Trade Tribunal (the “CITT”) announced an Order in Expiry Review RR-2023-006 (the “Order”), continuing its finding of material injury in respect of the dumping and subsidizing of Cold-Rolled Steel originating in or exported from China, South Korea, and Vietnam (the “Subject Goods”). 

The Subject Goods

The Subject Goods are defined 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 (3.61mm) and widths up to 73 inches (1854mm) 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 the 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 (the “CBSA”) and the CITT to review prior Anti-Dumping Duty (“ADD”) or Countervailing Duty (“CVD”) findings made by the CITT (the “Findings”) under the Special Import Measures Act (“SIMA”). These Expiry Reviews occur 5 years (approximately) following the original finding 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?

With the conclusion of the Expiry Review, the current ADDs and CVDs will remain in force for at least another 5 years until the next Expiry Review.  At that time, Canadian importers and foreign exporters and producers will have an opportunity to take part in that Expiry Review. Canadian domestic producers (i.e., those benefitting from the Order) are effectively required to participate (or risk a conclusion that there is insufficient domestic support to continue the Order).

Can I Get Involved Now?

While this Expiry Review has concluded, exporters impacted by the Order may be able to request an Expedited Review from the CBSA.  An Expedited Review is the process by which the CBSA will review the normal value, export price and amount of subsidy (if applicable) on subject goods for an exporter who was not previously asked to submit information to the CBSA in a prior investigation or re-investigation.

Exporters who are interested in product-specific exclusions should also prepare their materials in advance of the next Expiry Review, as that is when the CITT will consider product exclusion requests! 

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