Anti-Dumping Alert: 54-inch Gypsum Board (USA)

Latest News:

CBSA:

The investigation has been terminated pursuant to the CITT’s finding.

CITT:

The CITT determined that the evidence did NOT disclose a reasonable indication that the dumping of the subject goods has caused injury or retardation or is threatening to cause injury to the domestic industry. Therefore, the CITT terminated the preliminary injury inquiry with respect to the subject goods.

The CBSA Investigation:

The CBSA has initiated an investigation into 54-inch Gypsum Board being imported from the United States of America (“USA”) on June 21, 2018.  On July 6, 2018, the CBSA issued its Statement of Reasons regarding the initiation of investigations.

Prior to January 1, 2018, the subject goods were normally imported under the following tariff classification numbers:

  • 6809.11.00.00; and
  • 6809.11.00.10.

Beginning January 1, 2018, imports into Canada of the subject goods are normally classified under the following tariff classification numbers:

  • 6809.11.00.11

The subject goods are defined as:

Gypsum board, sheet, or panel (“gypsum board”) originating in or exported from the USA, imported into Canada for use or consumption in the provinces of British Columbia, Alberta, Saskatchewan, and Manitoba, as well as the Yukon and Northwest Territories, made to a width of 54 inches (1,371.6 mm), composed primarily of a gypsum core and faced or reinforced with paper or paperboard, including gypsum board meeting or supplied to meet ASTM C 1396 or ASTM C 1396M or equivalent standards, regardless of end use, edge-finish, thickness, or length (but not width), excluding (a) gypsum board meeting ASTM C 1177 or ASTM C 1177M (commonly referred to and used primarily as “glass fiber re-enforced sheathing board” but also sometimes used for internal applications for high mold/moisture resistant applications); (b) double layered glued paper-faced gypsum board (commonly referred to and used as “acoustic board); and (c) gypsum board meeting ISO16000-23 for sorption of formaldehyde. All dimensions including width are plus or minus allowable tolerances in the applicable standards.

The CBSA began its investigation pursuant to a complaint from CertainTeed Gypsum Canada Inc. in Mississauga, Ontario, on April 30, 2018.  This is the third complaint filed by the Canadian industry in respect of gypsum board products from the USA. Each of these complaints has resulted in the imposition of anti-dumping duties against the subject goods from the US.  On May 22, 2018, the CBSA confirmed that the complaint was properly documented.

On June 21, 2018, the CBSA initiated published its reasons for the initiation of the investigation.  In brief, the CBSA is of the opinion that there is evidence that certain 54-inch gypsum board originating in or exported from the USA for use or consumption in Western Canada has been dumped. Further, the evidence disclosed is a reasonable indication that such dumping has caused retardation to the establishment of a Western Canadian industry.  The CBSA has identified 26 potential exporters and 29 potential importers affected by this investigation.

 

Stay Tuned…

The Investigation Schedule is as follows and we will provide updates as they are available:

June 21, 2018 Initiation of the CBSA’s dumping investigation
July 6, 2018 Statement of Reasons issued regarding the initiation of the investigations
July 16, 2018 Importer responses to CBSA’s Request for Information due
July 30, 2018 Exporter responses to CBSA’s Request for Information due
September 19, 2018 Preliminary Determinations or termination of the CBSA’s dumping investigation
October 4, 2018 Statement of Reasons issued (Preliminary Determinations or termination)

 

In the event of preliminary determinations of dumping:

September 19, 2018 Exporter and Importer ruling letters available
October 29, 2018, at noon Closing of the Record date
November 5, 2018, by noon Case Arguments due from all parties
November 13, 2018, by noon Reply Submissions due from all parties in respect of Case Arguments
December 18, 2018 Final Determinations or termination of the CBSA’s dumping and subsidy investigations
December 18, 2018 Exporter and Importer ruling letters available
January 2, 2019 Statement of Reasons issued (Final Determinations or termination)

 

The CITT: Preliminary Injury Inquiry PI-2018-003

The Canadian International Trade Tribunal (“CITT”) gave notice on June 22, 2018, that it has initiated a preliminary injury inquiry to determine whether the evidence discloses a reasonable indication that the alleged injurious dumping of gypsum board, sheet, or panel (“gypsum board”) originating in or exported from the USA, imported into Canada for use or consumption in the provinces of British Columbia, Alberta, Saskatchewan, and Manitoba, as well as the Yukon and Northwest Territories, made to a width of 54 inches (1,371.6 mm), composed primarily of a gypsum core and faced or reinforced with paper or paperboard, including gypsum board meeting or supplied to meet ASTM C 1396 or ASTM C 1396M or equivalent standards, regardless of end use, edge‑finish, thickness, or length (but not width), excluding (a) gypsum board meeting ASTM C 1177 or ASTM C 1177M (commonly referred to and used primarily as “glass fiber re‑enforced sheathing board” but also sometimes used for internal applications for high mold/moisture resistant applications); (b) double layered glued paper-faced gypsum board (commonly referred to and used as “acoustic board); and (c) gypsum board meeting ISO16000‑23 for sorption of formaldehyde (the subject goods), has caused injury or retardation or is threatening to cause injury, as these words are defined in SIMA.

 

Stay Tuned…

The Preliminary Inquiry Schedule is as follows:

  • June 22, 2018 – Notice of commencement of preliminary injury inquiry
  • July 4, 2018 – Notices of participation and representation, declarations and undertakings
  • July 9, 2018 – Distribution of documents received from the CBSA
  • July 19, 2018, by noon – Submissions by parties opposed to the complaint
  • July 26, 2018, by noon – Replies from the complainant and parties in support of the complaint
  • August 20, 2018 – Determination
  • September 4, 2018 – Reasons for determination

 

John Reiterowski, DS Lawyers Canada, LLP

jreiterowski@dsavocats.ca

DS Customs & Trade team located in Paris, Brussels, Montreal, Toronto, Lima, Singapore, Vietnam, Beijing, Guangzhou, Dakar and Cotonou is at your disposal to provide you with additional information.

CONTACT US:

dscustomsdouane@dsavocats.com

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