On February 9, 2018, the Canada Border Services Agency (CBSA) issued its Statement of Reasons in support of its January 25, 2018, expiry review determination that the expiry of the finding will likely result in the continuation or resumption of dumping and subsidizing of certain steel piling pipe originating in or exported from the People’s Republic of China (China).

With regard to dumping, the CBSA determined that the expiry of the finding is likely to result in the continuation or resumption of dumping into Canada of certain steel piling pipe originating in or exported from China. The CBSA relied on the following information on the record to conduct its analysis:

• Several anti-dumping measures have been imposed by Canada and other jurisdictions on closely-related steel products from China;
• The inability of exporters to sell steel piling pipe in Canada at non-dumped prices;
• The anticipated increase in demand in Canada for steel piling pipe;
• The overcapacity of steel piling pipe in China; and
• The continued interest of Chinese exporters in the Canadian market.

With regard to subsidization, the CBSA determined that the expiry of the findings is likely to result in the continuation or resumption of subsidizing of steel piling pipe originating in or exported from China. The CBSA relied on the following information on the record to conduct its analysis:

• the availability of subsidy programs for steel piling pipe exporters in China;
• the Government of China’s continued involvement in the steel sector; and
• closely related pipe products from China are also subject to countervailing measures in Canada and in other jurisdictions.

On January 26, 2018, the Canadian International Trade Tribunal (CITT) commenced its inquiry to determine whether the expiry of the finding with respect to the dumping and subsidizing of the goods from China is likely to result in injury to the domestic industry. A hearing will be held at the CITT on May 7, 2018, and the CITT is expected to issue its decision no later than July 4, 2018.

Tereposky & DeRose regularly provides advice on Canadian anti-dumping and countervailing matters.  Should you have any questions regarding this matter or anti-dumping and countervailing issues more generally, we are at your disposal.