On June 8, 2016, the Canada Border Services Agency (CBSA) initiated an anti-dumping case against gypsum
board originating in or exported from the United States of
America into Canada for use in British Columbia, Alberta,
Saskatchewan, Manitoba, the Yukon Territories or the Northwest
Territories. The case was filed by CertainTeed Gypsum Canada Inc.
What is unique about this case is the regional nature of the
case. The only other regional case relates to certain potatoes
originating in or exported from the United States into British
Columbia. The Potatoes Case is Canada's longest standing
anti-dumping case, having started in 1984 (most recently renewed
for another 5 years in 2015). However, there are no cases dividing
Canada into the East and the West. As a result, this Gypsum Board
case is going to be very interesting.
There was a Gypsum Board Case many years ago – but it was
a Canada-wide case. NQ-92-004 was the first Gypsum Board Case
against the United States and the Canadian International Trade
Tribunal (CITT) made an injury finding that remained in place for 5
years and was rescinded in RR-97-004 (the first expiry/sunset review).
The scope of that case is different from the current case.
What you need to know about Gypsum Board 2016:
The definition of the subject goods is:
gypsum board, sheet, or panel ("gypsum board")
originating in or exported from the United States of America,
imported into Canada for use or consumption in the provinces of
British Columbia, Alberta, Saskatchewan, and Manitoba, as well as
the Yukon and Northwest Territories, composed primarily of a gypsum
core and faced or reinforced with paper or paperboard, including
gypsum board meeting or supplied to meet ASTM C 1396 or ASTM C
1396M or equivalent standards, regardless of end use, edge-finish,
thickness, width, or length, excluding:
gypsum board made to a width of 54
inches (1,371.6 mm);
gypsum board measuring 1 inch (25.4
mm) in thickness and 24 inches (609.6 mm) in width regardless of
length (commonly referred to and used as "paper-faced shaft
gypsum board meeting ASTM C 1177 or
ASTM C 1177M (commonly referred to and used primarily as
"glass fiber re-enforced sheathing board" but also
sometimes used for internal applications for high mold/moisture
double layered glued paper-faced
gypsum board (commonly referred to and used as "acoustic
gypsum board meeting ISO16000-23 for
sorption of formaldehyde. All dimensions are plus or minus
allowable tolerances in applicable standards (the subject
There are two separate proceedings. The Canadian International
Trade Tribunal Conducts a Preliminary Injury Inquiry within the
first 60 days.
See our recent post on What is a Preliminary Interest Inquiry? In the
Preliminary Injury inquiry, the CITT looks at whether the complaint
discloses a reasonable indication of injury. Normally, the CITT
will consider issues on (1) scope, (2) classes of goods and (3)
evidentiary issues. Since this is a regional case, arguments about
test for regional cases and whether this is an appropriate regional
case will likely be very relevant. Companies should participate
early and raise relevant issues with the CITT.
The CBSA conducts a Preliminary Dumping investigation within the
first 90 days (the period overlaps with the CITT Preliminary injury
The combined timeline of important dates is as
June 21, 2016 – CITT: Notices
of participation and representation, declarations and
confidentiality undertakings are due
June 27, 2016 – CITT: Will
distribute documents to parties who have filed a notice of
representation (confidential documents are sent to counsel who have
signed confidentiality undertakings)
June 29, 2016 – CBSA: Importer
responses to CBSA Requests for Information are due
July 6, 2016 – CITT:
Submissions by parties opposed to a preliminary injury finding
(usually importers, exporters, foreign producers and Canadian
users) are due by noon
July 13, 2016 – CITT:
Submissions by Canadian domestic industry in reply (and parties in
support on a preliminary injury finding) are due by noon
July 15, 2016 – CBSA: Exporter
responses to CBSA Requests for Information are due (no extensions
August 5, 2016 – CITT: Issues
Preliminary Injury decision.
September 6, 2916 – CBSA:
Issues preliminary dumping determination (unless the CBSA extends
by up to 45 days)
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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