Anti-Dumping Injury Inquiries

Decision Information

Decision Content

Expiry review RR-2021-004

REVISED NOTICE OF EXPIRY REVIEW OF FINDING

(E-REGISTRY SERVICE PILOT PROJECT)

GYPSUM BOARD

The Canadian International Trade Tribunal hereby gives notice that, pursuant to subsection 76.03(3) of the Special Import Measures Act (SIMA), it will initiate an expiry review of its finding made on January 4, 2017, in inquiry NQ‑2016‑002, concerning the dumping of gypsum board, sheet, or panel (“gypsum board”) originating in or exported from the United States of America (the subject goods), imported into Canada for use or consumption in the provinces of British Columbia, Alberta, Saskatchewan, and Manitoba, as well as the Yukon and Northwest Territories, composed primarily of a gypsum core and faced or reinforced with paper or paperboard, including gypsum board meeting or supplied to meet ASTM C 1396 or ASTM C 1396M or equivalent standards, regardless of end use, edge-finish, thickness, width, or length, excluding:

  • (a) gypsum board made to a width of 54 inches (1371.6 mm);

  • (b) gypsum board measuring 1 inch (25.4 mm) in thickness and 24 inches (609.6 mm) in width regardless of length (commonly referred to and used as “paper-faced shaft liner”);

  • (c) gypsum board meeting ASTM C 1177 or ASTM C 1177M (commonly referred to and used primarily as “glass fiber re-enforced sheathing board” but also sometimes used for internal applications for high mold/moisture resistant applications);

  • (d) double layered glued paper‐faced gypsum board (commonly referred to and used as “acoustic board”); and

  • (e) gypsum board meeting ISO16000-23 for sorption of formaldehyde.

In this expiry review, the Canada Border Services Agency (CBSA) will first determine whether the expiry of the finding in respect of the subject goods is likely to result in the continuation or resumption of dumping of the subject goods. If the CBSA determines that the expiry of the finding in respect of any goods is likely to result in the continuation or resumption of dumping, the Tribunal will then conduct an expiry review to determine if the continued or resumed dumping is likely to result in injury. The CBSA will provide notice of its determination within 150 days after receiving notice of the Tribunal’s decision to initiate an expiry review, that is, no later than May 12, 2022. The Tribunal will issue its order and its statement of reasons no later than October 19, 2022.

Each person or government wishing to participate in this expiry review must file Form I – Notice of Participation with the Tribunal, on or before May 26, 2022. Each counsel who intends to represent a party in the expiry review must file Form II – Notice of Representation and Form III – Declaration and Undertaking with the Tribunal, on or before May 26, 2022. The forms can be found on the Tribunal’s website (citt-tcce.gc.ca/en/forms/forms.html).

On July 4, 2022, the Tribunal will issue a list of participants. Counsel and self-represented participants 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 participants 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 Form III – Declaration and Undertaking with the Tribunal. This information will be included in the list of participants. One complete electronic version of all submissions must be filed with the Tribunal.

The schedule for this expiry review is available on the Tribunal’s website (decisions.citt-tcce.gc.ca/citt-tcce/ra/en/item/ 18248 /index.do).

The Tribunal will hold a public hearing relating to this expiry review commencing on the 15th day of August 2022, at 9:30 a.m. ET, to hear evidence and representations by interested parties. Given the evolving COVID-19 situation, more information will be communicated at a later date. If there are no opposing parties, the Tribunal may explore the possibility of a holding a file hearing, that is, 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 Registry, Secretariat to the Canadian International Trade Tribunal, at citt‑tcce@tribunal.gc.ca (email). It is also possible to leave a message with the Registry by telephone at 613-993-3595.

Further details regarding this expiry review, including the schedule of key events, are contained in the documents entitled “Revised Additional Information” and “Revised Expiry Review Schedule” appended to the notice of commencement of expiry review available on the Tribunal’s website (decisions.citt-tcce.gc.ca/citt-tcce/ra/en/item/ 18248 /index.do).

Dated at Ottawa, Ontario,
this 20th day of June 2022


REVISED ADDITIONAL INFORMATION

BACKGROUND INFORMATION

Notice of Expiry LE-2021-004, issued on October 22, 2021, informed interested persons and governments of the impending expiry of the Tribunal’s finding in inquiry NQ‑2016‑002 concerning the dumping of the subject goods. On the basis of the information filed during the expiry process, the Tribunal is of the opinion that an expiry review of the finding is warranted.

In this expiry review, the CBSA will first conduct an investigation to determine whether the expiry of the finding in respect of the subject goods is likely to result in the continuation or resumption of dumping of the subject goods. To this end, the CBSA will send questionnaires to domestic producers, importers and foreign producers to gather information for its investigation. Further information regarding the CBSA’s investigation can be obtained by contacting the CBSA SIMA Registry and Disclosure Unit, by telephone at 613-948-4605, or by email at simaregistry-depotlmsi@cbsa-asfc.gc.ca. A copy of the CBSA’s investigation schedule is available on the CBSA’s website (cbsa-asfc.gc.ca/sima-lmsi/er-rre/menu-eng.html).

If the CBSA determines that the expiry of the finding in respect of any goods is likely to result in the continuation or resumption of dumping, the Tribunal will then conduct an expiry review, pursuant to the provisions of SIMA and its Expiry Review Guidelines, to determine if the continued or resumed dumping of the subject goods is likely to result in injury. Upon receipt of the CBSA’s determination, if any, of a likelihood of continued or resumed dumping, the Tribunal will issue other questionnaires to domestic producers, certain importers and foreign producers to gather information for the purposes of its expiry review.

The schedule for the Tribunal’s expiry review specifies, among other things, the date for the filing of replies to Tribunal expiry review questionnaires, the date on which information on the record will be made available by the Tribunal to interested parties and counsel that have filed Form I – Notice of Participation, Form II – Notice of Representation or Form III – Declaration and Undertaking, the dates for the filing of submissions by interested parties and the hearing date.

REQUESTS FOR PRODUCT EXCLUSIONS

The Tribunal’s Guideline to Making Requests for Product Exclusions, which can be found on the Tribunal’s website (citt-tcce.gc.ca/en/resource-types/guideline-making-requests-product-exclusions.html), describes the procedure for filing requests for specific product exclusions. Forms are available on the Tribunal’s website (citt-tcce.gc.ca/en/forms/forms.html) to facilitate the filing of product exclusion requests, responses and replies to responses. Parties may file in a different format if they so wish, provided all the information and supporting documentation requested in the forms are included. Please see the attached schedule for the filing deadlines for the product exclusion process. Parties filing product exclusion requests must contact the Tribunal for additional information on filing and service requirements.

PROCEDURE FOR FILING WITH THE TRIBUNAL

The public, counsel and self-represented participants may file documents electronically with the Tribunal through its Secure E‑filing Service (efiling-depote-pub.citt-tcce.gc.ca/submit-eng.aspx). The information is fully encrypted from the sender to the Tribunal.

Form I – Notice of Participation, Form II – Notice of Representation and Form III – Declaration and Undertaking, should all be filed electronically through the Tribunal’s Secure E‑filing Service (efiling-depote-pub.citt-tcce.gc.ca/submit-eng.aspx).

Following receipt of completed forms I, II and III, the Tribunal will send to counsel and self-represented participants a letter with information on the E-registry Service and the filing of documents.

PUBLIC HEARING

The Tribunal will hold a public hearing relating to this expiry review commencing on the 15th day of August 2022, at 9:30 a.m. ET, to hear evidence and representations by interested parties. Given the evolving COVID-19 situation, more information will be communicated at a later date. If there are no opposing parties, the Tribunal may explore the possibility of a holding a file hearing, that is, a hearing through written submissions only, instead of an oral hearing.

INTERPRETATION AT THE HEARING

Parties’ requirements for interpretation services will vary depending on factors including the language(s) used by other parties, and the language(s) used by witnesses. The Tribunal’s experience is that much depends on people’s comfort level in understanding the language(s) used in a proceeding.

The procedure that follows is a two-step process that provides the Tribunal with advanced notice to ensure the availability of interpretation services for hearings, when required. It is geared at allowing parties to make informed requests in a timely manner.

  • Step one: 25 days prior to the hearing, parties are to declare to the Tribunal and all parties, in writing, which language(s) their counsel and witnesses will be using.

 

  • Step two: 20 days prior to the hearing, pursuant to subrule 23(4) of the Canadian International Trade Tribunal Rules (CITT Rules), parties are to declare to the Tribunal and all parties, in writing, which interpretation services they and/or their witnesses require for the hearing and declare if the interpretation service is required for the entirety of the hearing or for specific testimonies and/or arguments.

OTHER INFORMATION

The CITT Rules govern these proceedings.

Written and oral communication with the Tribunal may be in English or in French.

The Expiry Review Guidelines can be found on the Tribunal’s website (citt-tcce.gc.ca/en/resource-types/expiry-review-guidelines.html).

At the end of these proceedings, the Tribunal will issue a decision supported by a summary of the case, a summary of the arguments and an analysis of the case. The decision will be posted on its website and distributed to the counsel and self represented participants, as well as to organizations and persons that have registered to receive decisions of the Tribunal.


REVISED EXPIRY REVIEW SCHEDULE

December 13, 2021

Tribunal issues notice of expiry review and schedule

CBSA’s Investigation

December 14, 2021

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

May 12, 2022

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

May 27, 2022

CBSA statement of reasons issued

Tribunal’s Expiry Review

May 13, 2022

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

May 26, 2022

Notices of participation and representation, declarations and undertakings

June 3, 2022

Replies to Tribunal expiry review questionnaires

July 4, 2022

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

July 11, 2022, by noon, ET

Requests for product exclusions

July 12, 2022, by noon, ET

Cases of parties in support of a continuation of the finding
Requests for information (RFIs)

July 14, 2022, by noon, ET

Identification of language(s) to be used at the hearing

July 15, 2022, by noon, ET

Objections to RFIs

July 18, 2022, by noon, ET

Domestic producers’ responses to requests for product exclusions

July 19, 2022, by noon, ET

Cases of parties in opposition to a continuation of the finding
Requests for interpretation services during the hearing

July 20, 2022

Tribunal decisions on RFIs

July 26, 2022, by noon, ET

Requesters’ replies to domestic producers’ responses to requests for product exclusions
Replies to RFIs

July 27, 2022, by noon, ET

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

August 15, 2022

Public hearing

October 19, 2022

Order and statement of reasons issued

 

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