Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Canada's CBSA Makes Preliminary Finding in Steel AD/CVD Case

On November 9, 2007, the Canada Border Services Agency (CBSA) made a preliminary determination of dumping and subsidization in respect of certain seamless carbon and alloy steel oil and gas well casing from China.  This is the first Canadian AD/CVD finding against a steel product (other than carbon and stainless steel screws). 

As a result of the preliminary finding of dumping and subsidization, the CBSA will start to collect provisional duties with respect to subject goods released on or after November 9, 2007.

The goods in question are classified under the following H.S. tariff classifications:

  • 7304.29.00.11
  • 7304.29.00.19
  • 7304.29.00.21
  • 7304.29.00.29

The preliminary dumping margins range from 9% - 68% and the preliminary CVD rates range from 6% to 10%.  therefore, the combined AD/CVD rates (as a percentage of the export price) range from 15% to 78%.

One of the issues in this case is whether the Chinese industry is being treated by the CBSA as operating according to market conditions or non-market conditions.  We have to wait for 15 days to find out the answer to this cliff hanger.  The CBSA's reasons will be issued in 15 days - actually the 14th day because the deadline is a Saturday.

If you would like to read the preliminary determination, please click on the following link - http://www.cbsa.gc.ca/sima-lmsi/anti-dumping/ad1371-i-np-eng.html

We will update our readers concerning the CBSA's reasons when they are issued.

The next step in the process is the Canadian International Trade Tribunal (CITT)inquiry into whether the dumping and subsidization of the subject goods has caused, is causing, or threatens to cause material injury to the domestic industry.  Simultaneously with the CITT inquiry, the CBSA will continue its investigation and will make a final determination of dumping and subsidization within 90 days.

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