CITT – Expiry Review of Carbon Steel Welded Pipe

Expiry Review of Carbon Steel Welded Pipe

The CITT has given notice that it will pursuant to section 76.03(3) of the Special Import Measures Act (SIMA) initiate an expiry review of its order made August 19, 2013 in Expiry Review No. RR-2012-003, concerning the dumping and subsidizing of carbon steel welded pipe.

The goods are commonly identified as standard pipe, in the nominal size range of 1/2 inch up to and including 6 inches (12.7 mm to 168.3 mm in outside diameter) inclusive, in various forms and finishes, usually supplied to meet ASTM A53, ASTM A135, ASTM A252, ASTM A589, ASTM A795, ASTM F1083 or Commercial Quality, or AWWA C200-97 or equivalent specifications, including water well casing, piling pipe, sprinkler pipe and fencing pipe, but excluding oil and gas line pipe made to API specifications exclusively and excluding (1) carbon steel welded pipe in the nominal pipe size of 1 inch, meeting the requirements of specification ASTM A53, Grade B, Schedule 10, with a black or galvanized finish, and with plain ends, for use in fire protection applications, (2) carbon steel welded pipe in nominal pipe sizes of 1/2 inch to 2 inches inclusive, produced using the electric resistance welding process and meeting the requirements of specification ASTM A53, Grade A, for use in the production of carbon steel pipe nipples, and (3) carbon steel welded pipe in nominal pipe sizes of 1/2 inch to 6 inches inclusive, 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.

In this expiry review, the CBSA will first determine whether the expiry of the order in respect of the subject goods is likely to result in the continuation or resumption of dumping and/or subsidizing of the subject goods. If the CBSA determines that the expiry of the order in respect of any goods is likely to result in the continuation or resumption of dumping and/or subsidizing, the CITT will then conduct an expiry review to determine if the continued or resumed dumping and/or subsidizing are likely to result in injury. The CBSA will provide notice of its determinations within 150 days after receiving notice of the CITT’s decision to initiate an expiry review, that is, no later than October 22, 2018. The CITT will issue its order and its statement of reasons no later than March 28, 2019.

Each person or government wishing to participate in this expiry review must file a notice of participation with the CITT on or before November 5, 2018. Each counsel who intends to represent a party in the expiry review must file a notice of representation, as well as a declaration and undertaking, with the CITT on or before November 5, 2018.

The public hearing will be held in the CITT’s Hearing Room No. 1, 18th Floor, 333 Laurier Avenue West, Ottawa, Ontario, commencing on the 21st day of January 2019, at 9:30 a.m., to hear evidence and representations by interested parties. If there are no opposing parties, the Tribunal may explore the possibility of a holding a file hearing, i.e. a hearing through written submissions only, instead of an oral hearing.

In accordance with section 46 of the Canadian International Trade Tribunal Act, a person who provides information to the Tribunal and who wishes some or all of the information to be kept confidential must, among other things, submit a non-confidential edited version or summary of the information designated as confidential, or a statement indicating why such a summary cannot be made.

Written submissions, correspondence and requests for information regarding the Tribunal’s portion of this matter should be addressed to the Registrar, Secretariat to the Canadian International Trade Tribunal, 15th Floor, 333 Laurier Avenue West, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), citt‑tcce@tribunal.gc.ca (e-mail).

The complete revised expiry review schedule and additional information are available here.

 

The CBSA’s Investigation

In conjunction with the CITT’s expiry review, the CBSA initiated an investigation to determine, pursuant to paragraph 76.03(7)(a) of SIMA.

The subject goods are defined as carbon steel welded pipe, commonly identified as standard pipe, in the nominal size range of 1/2 inch up to and including 6 inches (12.7 mm to 168.3 mm in outside diameter) inclusive, in various forms and finishes, usually supplied to meet ASTM A53, ASTM A135, ASTM A252, ASTM A589, ASTM A795, ASTM F1083 or Commercial Quality, or AWWA C200-97 or equivalent specifications, including water well casing, piling pipe, sprinkler pipe and fencing pipe, but excluding oil and gas line pipe made to API specifications exclusively and excluding (1) carbon steel welded pipe in the nominal pipe size of 1 inch, meeting the requirements of specification ASTM A53, Grade B, Schedule 10, with a black or galvanized finish, and with plain ends, for use in fire protection applications, (2) carbon steel welded pipe in nominal pipe sizes of 1/2 inch to 2 inches inclusive, produced using the electric resistance welding process and meeting the requirements of specification ASTM A53, Grade A, for use in the production of carbon steel pipe nipples, and (3) carbon steel welded pipe in nominal pipe sizes of 1/2 inch to 6 inches inclusive, 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 China.

The subject goods are normally imported into Canada under the following tariff classification numbers:

From January 1, 2012 to December 31, 2016

  • 7306.30.00.14
  • 7306.30.00.19
  • 7306.30.00.24
  • 7306.30.00.29
  • 7306.30.00.34
  • 7306.30.00.39

As of January 1, 2017

  • 7306.30.00.10
  • 7306.30.00.20
  • 7306.30.00.30

The schedule for the CBSA’s investigation is as follows:

May 24, 2018 Canadian International Trade Tribunal (CITT) issues notice of expiry review, schedule and expiry review questionnaires
May 25, 2018 Initiation of Canada Border Services Agency’s (CBSA) expiry review investigation
Initial compilation of CBSA exhibits available
June 21, 2018 Submission of notices of representation and disclosure undertakings due (Special Import Measures Act and Customs Act)
June 25, 2018 Supplementary CBSA exhibits available
July 3, 2018 Questionnaire responses and other information due – domestic producer, importers, exporters and Government of China
July 26, 2018, at noon Closing of the record
July 27, 2018 Finalized CBSA import statistics and market tables available
August 7, 2018, by noon Case briefs due from all parties arguing that continued or resumed dumping and subsidizing is likely or not likely
August 21, 2018, by noon Reply submissions due from all parties in respect of the case briefs
October 19, 2018 CBSA’s determination
If decision is affirmative, information pursuant to the Canadian International Trade Tribunal Rules is transferred to the CITT
November 2, 2018 Statement of Reasons issued

Stay Tuned…

We will post the results of these investigations on this blog as they become available.

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

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s