Anti-Dumping Injury Inquiries

Decision Information

Decision Content

Expiry review RR-2021-006

NOTICE OF EXPIRY REVIEW OF FINDING

(E-REGISTRY SERVICE PILOT PROJECT)

CONCRETE REINFORCING BAR

The Canadian International Trade Tribunal 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 May 3, 2017, in inquiry NQ-2016-003, concerning the dumping of hot-rolled deformed steel concrete reinforcing bar in straight lengths or coils, commonly identified as rebar, in various diameters up to and including 56.4 millimeters, in various finishes, excluding plain round bar and fabricated rebar products, originating in or exported from the Republic of Belarus, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (excluding those goods exported by Feng Hsin Steel Co., Ltd.), the Hong Kong Special Administrative Region of the People’s Republic of China, Japan, the Portuguese Republic and the Kingdom of Spain (the subject goods). Also excluded from the Tribunal’s finding is 10 mm diameter (10M) rebar produced to meet the requirements of CSA G30 18.09 (or equivalent standards) that is coated to meet the requirements of epoxy standard ASTM A775/A 775M 04a (or equivalent standards) in lengths from 1 foot (30.48 cm) up to and including 8 feet (243.84 cm).

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 August 26, 2022. The Tribunal will issue its order and its statement of reasons no later than February 2, 2023.

Each person or government wishing to participate in this expiry review must file Form I – Notice of Participation with the Tribunal, on or before September 12, 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 September 12, 2022. The forms can be found on the Tribunal’s website.

On October 18, 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.

The Tribunal will hold a public hearing relating to this expiry review, commencing on the 21st day of November 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 “Additional Information” and “Expiry Review Schedule” appended to this notice of commencement of expiry review, which is also available on the Tribunal’s website.

Dated at Ottawa, Ontario,
this 29th day of March 2022


ADDITIONAL INFORMATION

BACKGROUND INFORMATION

Notice of expiry LE-2021-006, issued on February 7, 2022, informed interested persons and governments of the impending expiry of the Tribunal’s finding in inquiry NQ-2016-003 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 the 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.

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 the 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, describes the procedure for filing requests for specific product exclusions. Forms are available on the Tribunal’s website 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. 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.

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 21st day of November 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.

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.


EXPIRY REVIEW SCHEDULE

March 29, 2022

Tribunal issues notice of expiry review and schedule

CBSA’s Investigation

March 30, 2022

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

August 26, 2022

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

September 9, 2022

CBSA statement of reasons issued

Tribunal’s Expiry Review

August 29, 2022

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

September 12, 2022

Notices of participation and representation, declarations and undertakings

September 19, 2022

Replies to Tribunal expiry review questionnaires

October 18, 2022

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

October 18, 2022, to October 26, 2022, by noon, ET

Requests for information (RFIs)

October 24, 2022, by noon, ET

Requests for product exclusions

October 25, 2022, by noon, ET

Cases of parties in support of a continuation of the finding

October 27, 2022, by noon, ET

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

October 31, 2022, by noon, ET

Objections to RFIs

November 1, 2022, by noon, ET

Domestic producers’ responses to requests for product exclusions

November 2, 2022, by noon, ET

Cases of parties in opposition to a continuation of the finding

Requests for interpretation services during the hearing

November 3, 2022

Tribunal decisions on RFIs

November 9, 2022, by noon, ET

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

Replies to RFIs

November 10, 2022, by noon, ET

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

November 21, 2022

Public hearing

February 2, 2023

Order and statement of reasons issued

 

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