Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Canada Border Services Agency Commences Expiry Review Regarding AD/CVD Order Against Certain Copper Pipe Fittings

Canada is in the last 8 months of an anti-dumping order against certain copper pipe fittings from the United States, South Korea and China and a countervailing duty order against certain copper pipe fittings from China. The end date of the current AD/CVD Order is February 16, 2012. However, if the Canada Border Services Agency (CBSA) finds that dumping and subsidization will likely continue or resume if the Order is rescinded and the Canadian International Trade Tribunal (CITT) finds that the continuation or resumption of dumping/subsidization is likely to cause material injury to the domestic industry, then the Order will be renewed for another 5 years.

On June 1, 2011, the CBSA initiated an expiry review with respect to:

solder joint pressure pipe fittings and solder joint drainage, waste and vent pipe fittings, made of cast copper alloy, wrought copper alloy or wrought copper, for use in heating, plumbing, air conditioning and refrigeration applications, originating in or exported from the United States of America, the Republic of Korea and the People's Republic of China. A list of the specific copper pipe fittings that are subject goods is available on the CBSA's Web site at the following address: http://www.cbsa-asfc.gc.ca/sima-lmsi/i-e/ad1358/ad1358-i-pi-eng.HTML

The Expiry Review Schedule is as follows:

 

June 1, 2011

Tribunal issues notice of expiry review, schedule and expiry review questionnaires

CBSA’s Investigation

June 2, 2011

Initiation of the CBSA’s expiry review investigation
Initial compilation of CBSA exhibits available

June 29, 2011

Submission of notices of representation and disclosure undertakings (SIMA and Customs Act)

June 30, 2011

Supplementary CBSA exhibits available

July 8, 2011

Questionnaire responses and other information are due - domestic producers, importers, exporters and foreign government

July 21, 2011

Closing of the record

July 22, 2011

Finalized CBSA import statistics and market tables available

August 2, 2011

Case briefs due from all parties arguing that continued or resumed dumping and/or subsidizing is likely or not likely

August 15, 2011

Reply submissions from all parties in respect of the case briefs

September 29, 2011

CBSA’s determination
If decision is affirmative, information pursuant to the Canadian International Trade Tribunal Rules is transferred to the Tribunal

October 14, 2011

Statement of reasons issued

Tribunal’s Expiry Review

September 30, 2011

Initiation of Tribunal’s expiry review (following an affirmative determination by the CBSA)

October 11, 2011

Notices of participation and representation, declarations and undertakings

October 20, 2011

Replies to Part E of the domestic producers’ expiry review questionnaire and updated information from domestic producers, importers and exporters to the expiry review questionnaire replies

November 23, 2011

Distribution of Tribunal exhibits, including information transferred from the CBSA, and staff report

Dates to be confirmed

Requests for information

November 30, 2011, by noon

Requests for product exclusions

December 1, 2011, by noon

Cases of parties in support of a continuation of the findings

December 7, 2011, by noon

Responses to requests for product exclusions

December 8, 2011, by noon

Cases of parties in opposition to a continuation of the findings

December 14, 2011, by noon

Replies to responses to requests for product exclusions

December 15, 2011, by noon

Reply submissions of parties in support of a continuation of the findings

January 9, 2012

Public hearing

February 17, 2012

Order issued

March 2, 2012

Statement of reasons issued

 

 


It is important for exporters and importers to participate if they would like the AD/CVD duties to be rescinded or if they would like to request product exclusions (must wait for the CITT proceedings to request product exclusions).

For more information, please contact Cyndee Todgham Cherniak at 416-307-4168.

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