The Canada Border Services Agency (CBSA) has initiated investigations respecting the alleged injurious dumping and subsidizing of certain photovoltaic modules and laminates originating in or exported from the People’s Republic of China.
CITT NOTICE (added December 8 2014)
CBSA Statement of Reasons (added December 19 2014)
The Canada Border Services Agency (CBSA) has made a preliminary determination of dumping with respect to certain oil country tubular goods originating in or exported from Chinese Taipei, India, Indonesia, the Philippines, the Republic of Korea, Thailand, Turkey, Ukraine and Vietnam, and made a preliminary determination of subsidizing in respect to certain oil country tubular goods originating in or exported from India, Indonesia, the Philippines, Thailand, Ukraine and Vietnam.
At the same time, the subsidy investigation in respect of the above mentioned goods from the Republic of Korea and Turkey has been terminated.
Provisional duties will now be payable on the subject goods that are released from customs on or after December 3, 2014.
Statement of Reasons (published December 18 2014)
The CBSA has made the following findings in the expiry review on certain oil country tubular goods from China.
- is likely to result in the continuation or resumption of dumping of certain oil country tubular goods originating in or exported from the People’s Republic of China, and;
- is likely to result in the continuation or resumption of subsidizing of certain oil country tubular goods originating in or exported from the People’s Republic of China.
The CITT will not conduct an inquiry to determine whether the expiry of its finding is likely to result in injury or retardation to the Canadian industry, and has announced that it will issue its decision no later than March 20, 2015.
The Canadian International Trade Tribunal issued a report highlighting the impact of Canadian anti-dumping and countervailing measures on domestic shipments, investments, employment and imports from 1989 to 2013.
As of December 31, 2013, there were 48 anti-dumping and countervailing measures in place. They affected $7.7 billion in Canadian shipments, $0.5 billion in investments, and nearly 22,000 jobs in the domestic industries directly benefitting from the measures. In addition, the measures affected $1.2 billion in imports.
While the number of Canadian anti-dumping and countervailing measures has decreased by approximately 63 percent from 1989 to 2013, the importance of each measure in terms of its impact on Canadian shipments, investments, jobs and imports has increased. From 1989 to 2013, the average impact per measure on shipments, jobs and imports has increased by approximately 493 percent, 215 percent and 317 percent, respectively. While, from 1995 to 2013, the average impact per measure on investments has increased by approximately 80 percent.
Canada notified the WTO Secretariat on 15 October of a request for consultations with China with respect to Chinese anti-dumping duties levied on imports of cellulose pulp from Canada.
The request raises the following issues:
- Cost of production (failure to calculate on basis of records, failure to adjust for start-up operations
- Determination of SG&A
- Fair comparison (deductions from export price, not excluding certain export sales0
- Injury determination (increase in dumped imports, price undercutting, failure to evaluate all relevant economic factors)
- Causal relationship
- Definition of domestic industry
- Granting full opportunity to defend interests
- Use of facts available
- Sampling and individual margins
- Rejection of price undertakings
- Public notice
On September 18, 2014, pursuant to paragraph 76.03(7)(a) of the Special Import Measures Act, the President of the Canada Border Services Agency determined that the expiry of the finding made by the Canadian International Trade Tribunal on February 2, 2010, in Inquiry No. NQ-2009-003, concerning the dumping of certain hot-rolled carbon steel plate and high-strength low-alloy steel plate originating in or exported from Ukraine is likely to result in the continuation or resumption of dumping of the goods into Canada.
Statement of Reasons (issued October 3 2014)