On September 29, 2023, the Canada Border Services Agency (“CBSA”) issued a scope ruling concluding that National Nail’s CAMO Edge Screws are subject to the Canadian International Trade Tribunal (“CITT”)’s Expiry Review order covering the dumping of certain carbon steel fasteners from China and Chinese Taipei, and the subsidizing of certain carbon steel fasteners from China.

What is a Scope Ruling

Scope rulings are a binding determination made by CBSA as to whether certain goods fall within the definition of subject goods in an existing order of anti-dumping duties (“ADDs”) and/or countervailing duties (“CVDs”). Scope rulings are the conclusion of proceedings that commence with a request from an interested person and can involve submissions from third parties.

However, because Scope rulings can require between 150 and 255 days, their practical utility for businesses is limited to situations where a business can afford to wait 5 to 9 months for an answer.

Background

Following an Investigation into the dumping and subsidizing of certain fasteners from China and Chinese Taipei, the CITT issued a Finding on January 7, 2005 that the dumping and subsidizing of certain of those fasteners from China and Chinese Taipei had caused, or were threatening to cause injury to the domestic industry.

The CITT’s decision resulted in the imposition of ADDs and CVDs on those fasteners defined by the CITT, subject to the exclusions and inclusions specifically identified by the CITT.

The CITT’s findings were subject to Expiry Reviews in 2010, 2015, and 2020. In each case the findings were continued, and in 2015 and 2020 the CITT added exclusions for additional specific products.

Scope Ruling Request & CBSA Decision

National Nails requested a scope ruling from the CBSA on the basis that its CAMO Edge Screws were equivalent to two exclusions for Cortex® and Trapease® composite desk screws. During the scope proceeding CBSA received submissions from two Canadian producers of like goods, 14 importers, and 16 exporters and/or producers.

Ultimately, the CBSA held that the CAMO Edge Screws differed from the two other excluded screws, based on the physical characteristics and uses of the goods, and the packaging of the goods. The scope ruling was issued accordingly finding that CAMO Edge Screws “are subject to the CITT’s order issued on September 2, 2020…”

Takeaways

Scope rulings offer clarity and the chance to determine whether particular goods fall within the definition of subject goods in a CITT Finding, but the time and costs associated with a scope ruling limit their practical utility.

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