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 March 11, 2013 in Expiry Review No. RR-2012-002, concerning the dumping and subsidizing of seamless carbon or alloy steel oil and gas well casing, whether plain end, beveled, threaded or threaded and coupled, heat-treated or non-heat-treated, meeting American Petroleum Institute specification 5CT, with an outside diameter not exceeding 11.75 inches (298.5 mm), in all grades, including proprietary grades, originating in or exported from the People’s Republic of China (China).
In an expiry review, the President of the Canada Border Services Agency (CBSA) first determines whether the expiry of the order or finding is likely to result in the continuation or resumption of dumping or subsidizing of the goods. If the CBSA determines that the expiry of the order or finding in respect of any goods is likely to result in the continuation or resumption of dumping or subsidizing, the Tribunal will then conduct an expiry review to determine if the continued or resumed dumping or subsidizing is likely to result in injury or retardation.
The Tribunal’s expiry proceeding will be conducted by way of written submissions. Any firm, organization, person or government wishing to participate as a party in these proceedings must file a notice of participation with the Tribunal on or before December 6, 2017. Each counsel who intends to represent a party in these proceedings must also file a notice of representation, as well as a declaration and undertaking, with the Tribunal on or before December 6, 2017.
On December 7, 2017, the Tribunal will distribute the list of participants. Counsel and parties are required to serve their respective submissions on each other on the dates outlined below. Public submissions are to be served on counsel and those parties who are not represented by counsel. Confidential submissions are to be served only on counsel who have access to the confidential record and who have filed an undertaking with the Tribunal. This information will be included in the list of participants. One electronic copy of all submissions must be served on the Tribunal.
Parties requesting or opposing the initiation of an expiry review of the order shall file their written public submissions containing relevant information, opinions and arguments with the Tribunal, counsel and parties of record, no later than December 15, 2017. Where there are opposing views, each party that filed a submission in response to the notice of expiry will be given an opportunity to respond in writing to the representations of other parties. Parties wishing to respond to the submissions must do so no later than January 8, 2018.
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.
We await the public decision if any of the CITT. The complete revised expiry review schedule and additional information are available here.
In conjunction with the CITT’s expiry review, the CBSA initiated an investigation to determine, pursuant to paragraph 76.03(7)(a) of SIMA, whether the expiry of the finding is likely to result in the continuation or resumption of dumping and/or subsidizing of the goods.
The CBSA determined as follows:
- The expiry of the order in respect of certain seamless casing originating in or exported from China is likely to result in the continuation or resumption of dumping of the goods; and
- The expiry of the order in respect of certain seamless casing originating in or exported from China is likely to result in the continuation or resumption of subsidizing of the goods.
John Reiterowski, DS Lawyers Canada, LLP
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.