On 8 November 2019, the Canada Border Services Agency (CBSA) published a Notice of Initiation of Investigations (COR2-2019-IN) concerning allegations that dumped and subsidized imports of certain corrosion-resistant steel sheet from Turkey, the United Arab Emirates and Vietnam are causing or threatening to cause material injury to the domestic industry. On 12 November 2019, the Canadian International Trade Tribunal (CITT) published a Notice of Commencement of Preliminary Injury (PI-2019-002) with respect to the same matter.

These proceedings were triggered by a formal complaint filed by ArcelorMittal Dofasco G.P. (ArcelorMittal). Earlier this year, in February 2019, ArcelorMittal was successful in litigating a similar complaint against certain corrosion-resistant steel sheet from China, Chinese Taipei, India and South Korea (see measures in force and Inquiry No. NQ-2018-004).

The subject goods include corrosion-resistant flat‑rolled steel sheet products of carbon steel, including products alloyed with boron (up to 0.01%), niobium (up to 0.1%), titanium (up to 0.8%), and vanadium (up to 0.3%), in coils or cut lengths up to 0.168 inches (4.267 mm) thick and 72 inches (1,828.8 mm) wide, plus or minus allowable tolerances. A number of specific products are excluded from the scope of the proceedings, including subject goods that are imported for use in manufacturing motor vehicles and aeronautic products and certain coated, plated, pre-painted, perforated, and tool steel products.

Interested parties who wish to oppose or support the complaint must file their notices of participation with the Tribunal no later than Thursday 21 November 2019. Submissions by parties opposed to the complaint must then be filed by 12 noon on Friday 6 December, with submissions by parties in support of the complaint following no later than 12 noon on Friday 13 December. The Tribunal is expected to issue its preliminary injury determination on or about Tuesday 7 January 2020, with its statement of reasons following by Wednesday 22 January. Subject to the CBSA’s preliminary determination (discussed below), if the Tribunal determines that the evidence before it discloses a reasonable indication that the alleged dumping and/or subsidizing of the subject goods has caused injury or is threatening to cause injury, it will proceed with a full inquiry.

In the meantime, the first stage in the CBSA’s investigations is a preliminary determination on the alleged dumping and subsidizing of the subject goods. The schedule of the CBSA’s investigation has been posted online. It is expected that the CBSA will publish its Statement of Reasons for its decision to initiate the investigations by Friday 22 November 2019. Importers must then file responses to the CBSA’s requests for information no later than Monday 2 December 2019; exporters and the governments of the subject countries must file their responses by Monday 16 December 2019. The CBSA’s preliminary determination is expected to be issued on Thursday 6 February 2020, with the Statement of Reasons following by Friday 21 February.

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.