CBSA and CITT Initiate Expiry Review Proceedings concerning Certain Steel Concrete Reinforcing Bar (Rebar) from China, South Korea and Turkey
On 9th December 2019, the Canadian International Trade Tribunal (CITT) initiated expiry review proceedings (RR-2019-003) concernng the anti-dumping measures that are currently in force with respect to hot‑rolled deformed steel concrete reinforcing bar in straight lengths or coils (commonly referred to as “rebar”) from China, South Korea, and Turkey, and the countervailing duty measures that are currently in force with respect to such goods from China. These measures have been in place since January 2015 (see NQ-2014-001 and measures in force). The Tribunal determined that an expiry review was warranted on the basis of the information it reviewed in the LE-2019-002 expiry process.
The following day, on 10th December 2019, the Canada Border Services Agency (CBSA) published a Notice of Initiation of Expiry Review Investigation (REB-2019-ER) concerning the dumping of the subject goods from China, South Korea, and Turkey, and the subsidizing of such goods from China.
The subject goods include steel rebar in various diameters up to and including 56.4 millimeters and in various finishes (usually classified under tariff classification numbers 7213.10.00.00, 7214.20.00.00, 7215.90.00.00 and 7227.90.00.90). Excluded from the scope of the product definition are plain round bar products, fabricated rebar products, and 10-mm-diameter (10M) rebar produced to meet the requirements of CSA G30 18.09 (or equivalent standards) and coated to meet the requirements of epoxy standard ASTM A775/A 775M 04a (or equivalent standards) in lengths from 1 foot (30.48 cm) up to and including 8 feet (243.84 cm).
The schedule of the CBSA’s investigation has been posted online. Notices of representation and disclosure undertakings must be filed with the Tribunal by Thursday 9th January 2020. Questionnaire responses and other information from domestic producers, importers, exporters and the relevant government entities must be submitted no later than Thursday 16th January 2020. The record will close on Tuesday 28th January 2020, after which interested parties may file (i) case briefs by 12 noon on Monday 10th February 2020 (arguing that continued or resumed dumping and/or subsidizing of the subject goods is either likely or not likely), and (ii) reply submissions by 12 noon on Tuesday 25th February 2020. The CBSA is expected to conclude the investigation and issue its determinations on Thursday 7th May 2020, with its statement of reasons expected to follow on or about Friday 22nd May 2020.
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 Tribunal’s expiry review inquiry will be initiated on Friday 8th May 2020. The Tribunal’s mandate will be: (i) to determine, in the light of the CBSAs determinations, whether the expiry of the measures is likely to result in injury to the domestic industry; and then, accordingly, (ii) to make an order either continuing or rescinding the finding with or without amendment.
According to the Tribunal’s schedule, interested parties who wish to oppose or support the continuation of the measures must file their notices of participation no later than Friday 22nd May 2020. Replies to the Tribunal’s questionnaires will be due from all participants by 12 noon on Friday 29th May 2020. A public hearing is scheduled to commence on Tuesday 4th August 2020, and the Tribunal’s order and statement of reasons is expected on or about Wednesday 14th October 2020.
Tereposky & DeRose regularly provides advice on Canadian anti-dumping and countervailing duty matters. Should you have any questions regarding this matter or anti-dumping and countervailing duty issues more generally, we are at your disposal.