On October 16, 2024, the Canadian International Trade Tribunal (the "CITT") announced an Order in Expiry Review RR-2023-007 (the "Order"), continuing its finding of material injury in respect of the dumping of Carbon Steel Welded Pipe originating in or exported from Pakistan, the Philippines, Türkiye (Turkey), and Vietnam (the "Subject Goods").
The Subject Goods
The Subject Goods are defined as:
Carbon steel welded pipe, commonly identified as standard pipe, in the nominal size range from ½ inch up to and including 6 inches (12.7 mm to 168.3 mm in outside diameter) inclusive, in various forms and finishes, usually supplied to meet ASTM A53, ASTM A135, ASTM A252, ASTM A589, ASTM A795, ASTM F1083 or Commercial Quality, or AWWA C200-97 or equivalent specifications, including water well casing, piling pipe, sprinkler pipe and fencing pipe, but excluding oil and gas line pipe made to API specifications exclusively, originating in or exported from the Islamic Republic of Pakistan, the Republic of the Philippines, the Republic of Turkey (excluding those goods exported by Erbosan Erciyas Boru Sanayii ve Ticaret A.S.) and the Socialist Republic of Vietnam.
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!
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.
