On August 19, 2016, the Canada Border Services Agency
("CBSA") initiated an anti-dumping
investigation into concrete reinforcing bar (also known as rebar)
imported from Belarus, Chinese Taipei, Hong Kong, Japan, Portugal
and Spain. Rebar is used widely across the construction industry to
reinforce concrete in residential, industrial and commercial
The complaint was filed by ArcelorMittal Long Products Canada
(Contrecoeur, Quebec), AltaSteel Ltd. (Edmonton, Alberta) and
Gerdau Ameristeel Corporation (Whitby, Ontario) (the
This investigation could adversely affect importers,
manufacturers, exporters, distributors, retailers and end-user
customers of rebar. For example, following a 2015 anti-dumping
investigation into rebar, duties were imposed on rebar from China,
Korea and Turkey at rates as high as 27 percent.
What is Dumping?
Dumping is a form of international price discrimination, in
which the price of the product when sold in the importing country
is less than the price for the same product in the exporting
country's market. Anti-dumping laws are intended to protect
Canada's domestic industry against unfairly traded goods from
Next Steps in the Canadian Investigation
Canadian anti-dumping investigations are a bifurcated, two-stage
First, the CBSA is responsible for determining the margin of
dumping and amount of dumping duties payable on importations into
Once the CBSA has initiated a dumping investigation, the
Canadian International Trade Tribunal ("CITT") is
responsible for determining whether the dumped imports are causing
injury to the Canadian industry.
The upcoming key dates in this investigation are as follows:
September 2, 2016: Deadline to file a
notice of representation to participate in the CITT preliminary
September 9, 2016: Importers must
respond to the questionnaires issued by CBSA
September 20, 2016: Deadline for
submissions to the CITT by parties opposed to the complaint
(usually importers, exporters, foreign producers and Canadian
September 26, 2016: Exporters must
respond to the questionnaires issued by CBSA
October 19, 2016: CITT will issue its
preliminary dumping determination
November 17, 2016: CBSA will issue
its preliminary dumping determination
November 18, 2016: CITT will initiate
its injury inquiry
February 15, 2017: CBSA will issue
its final determination of dumping
March 15, 2017: CITT will issue its
final determination of injury
What It Means for the Rebar Industry
This investigation may adversely affect foreign producers and
exporters, as well as Canadian importers, distributors, retailers
and end-users of rebar. If the CBSA makes a dumping determination
and the CITT finds that such dumping is causing material injury to
the Canadian industry, anti-dumping duties will be applied to all
shipments of rebar for the next five years.
It is therefore critical that companies act now to protect their
interests throughout the investigation process.
Protect Your Interests
There are many avenues for importers, distributors, retailers,
and end-users of rebar to participate in the CITT process to
protect and promote their interests:
Advocate for a 'No
Injury' Finding: The CITT investigation will focus on
the extent of injury that is caused by rebar imports that are
deemed to have been dumped. The CITT will only impose anti-dumping
duties if there is evidence of injury to Canadian industry as a
result of the dumping. Importers, retailers, distributors, and
end-users can participate in the CITT process to argue that duties
ought not to be imposed on imports of rebar.
Apply for an
Exclusion: During the CITT process, interested parties may
apply for exclusions from any duties imposed on rebar.
Request a Public Interest
Hearing: It is possible to request that a public hearing
be held to determine whether the imposition of duties is in the
Interested parties are well advised to act early to advocate for
their interests during the CBSA and CITT investigations. Dickinson
Wright's international trade lawyers are experienced in the
rules governing Canada's anti-dumping regime and are available
to assist companies in making submissions.
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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