On 13 March 2023, the Canadian International Trade Tribunal (“CITT” or “Tribunal”), initiated an expiry review of its order made on 4 July 2018 (expiry review No. RR-2017-003) with respect to the dumping and subsidizing of certain steel piling pipe originating in or exported from the People’s Republic of China (the “subject goods”) These measures have been in place since November 2012 (see NQ-2012-002 and measures in force). Any interested person, association or government that wishes to participate in the Tribunal’s expiry review has until 28 March 2023 to file a Notice of Participation with the Tribunal.

The subject goods are defined as:

Carbon and alloy steel pipe piles, commonly identified as piling pipe, in outside diameter ranging from 3 1/2 inches up to and including 16 inches (8.9 cm to 40.6 cm) inclusive, in commercial quality and in various forms and finishes, usually supplied to meet ASTM A252, ASTM A500, CSA G.40.21 or comparable specifications or standards, whether single, dual or multiple certified, excluding carbon steel welded pipe, in the nominal size range of 3 1/2 inches up to and including 6 inches (89 mm to 168.3 mm) in outside diameter, in various forms and finishes, usually supplied to meet ASTM A252 or equivalent specifications, other than carbon steel welded pipe in the nominal size range of 3 1/2 inches up to and including 6 inches, dual-stencilled to meet the requirements of both specification ASTM A252, Grades 1 to 3, and specification API 5L, with bevelled ends and in random lengths, for use as foundation piles, originating in or exported from the People’s Republic of China.

The Canada Border Services Agency (“CBSA”) initiated its expiry review (PP 2023 ER) on 14 March 2023 to determine, pursuant to paragraph 76.03(7)(a) of the Special Import Measures Act, whether the expiry of the order is likely to result in the continuation or resumption of dumping and/or subsidizing the subject goods.

The schedule of the CBSA’s investigation has been posted online. Responses to the CBSA’s expiry review questionnaires are due on 20 April 2023. The CBSA is expected to make a determination on this matter by no later than 10 August 2023.

If the CBSA determines that the dumping and/or subsidizing of subject goods is likely to resume or continue following the expiry of the anti-dumping and countervailing duty measures, the CITT’s expiry review will commence on or around 11 August 2023. The CITT will determine whether the expiry of the measures is likely to result in injury to the domestic industry.

According to the CITT’s schedule, replies to the CITT’s questionnaires are due on 1 September 2023. A public hearing is scheduled to commence on 6 November 2023 and the CITT’s order and statement of reasons are expected on 17 January 2024.

Tereposky & DeRose regularly provides advice on Canadian anti-dumping and countervailing duty matters and represents foreign and domestic companies as well as governments before the CBSA and the CITT. Should you have any questions regarding this matter or anti-dumping and countervailing duty issues more generally, we are at your disposal.