Preliminary injury inquiry PI-2023-002

NOTICE OF COMMENCEMENT OF PRELIMINARY INJURY INQUIRY

CERTAIN WIRE ROD

The Canadian International Trade Tribunal gives notice that, pursuant to subsection 34(2) of the Special Import Measures Act (SIMA), it has initiated a preliminary injury inquiry to determine whether there is evidence that discloses a reasonable indication that the dumping of certain hot‐rolled wire rod of carbon steel and alloy steel of circular or approximately circular cross section, in coils, equal to or less than 25.5 mm in actual solid cross‐sectional diameter, originating in or exported from the People’s Republic of China, the Arab Republic of Egypt and the Socialist Republic of Vietnam (the subject goods), has caused injury or retardation or is threatening to cause injury, as these words are defined in SIMA. The following products are excluded:

• tire cord quality wire rod;
• stainless steel wire rod;
• tool steel wire rod;
• high-nickel steel wire rod;
• ball-bearing steel wire rod; and
• concrete reinforcing bars and rods (also known as rebar).

a) For greater clarity, tire cord quality wire rod is considered to be rod measuring 5.0 mm or more but not more than 6.0 mm in cross-sectional diameter, with an average partial decarburization of no more than 70 micrometers in depth (maximum 200 micrometers); having no non-deformable inclusions with a thickness (measured perpendicular to the rolling direction) greater than 20 micrometers; and, containing by weight the following elements in proportion: 0.68% or more carbon; less than 0.01% of aluminum; 0.04% or less, in aggregate, of phosphorus and sulfur; 0.008% or less of nitrogen, and not more than 0.55% in the aggregate, of copper, nickel and chromium.

b) Stainless steel wire rod is rod containing, by weight, 1.2% or less of carbon and 10.5% or more of chromium, with or without other elements.

c) Tool steel wire rod is considered to be rod containing the following combinations of elements in the quantity by weight respectively indicated: more than 1.2 percent carbon and more than 10.5 percent chromium; or not less than 0.3 percent carbon and 1.25 percent or more but less than 10.5 percent chromium; or not less than 0.85 percent carbon and 1 percent to 1.8 percent, inclusive, manganese; or 0.9 percent to 1.2 percent, inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, molybdenum; or not less than 0.5 percent carbon and not less than 3.5 percent molybdenum; or not less than 0.5 percent carbon and not less than 5.5 percent tungsten.

d) High-nickel steel wire rod is considered to be rod containing by weight 24% or more nickel.

e) Ball-bearing steel wire rod is considered to be rod containing iron as well as each of the following elements by weight in the amount specified: not less than 0.95 nor more than 1.13 percent of carbon; not less than 0.22 nor more than 0.48 percent of manganese; none, or not more than 0.03 percent of sulfur; none, or not more than 0.03 percent of phosphorus; not less than 0.18 nor more than 0.37 percent of silicon; not less than 1.25 nor more than 1.65 percent of chromium; none, or not more than 0.28 percent of nickel; none, or not more than 0.38 percent of copper; and none, or not more than 0.09 percent of molybdenum.

f) Concrete reinforcing bar, commonly known as rebar, means a steel bar produced with deformations. It is covered by the existing measures in force.

The Tribunal’s preliminary injury inquiry will be conducted by way of written submissions. Each person or government wishing to participate in the preliminary injury inquiry must file Form I—Notice of Participation with the Tribunal, on or before March 22, 2024. Each counsel who intends to represent a party in the preliminary injury inquiry must file Form II—Notice of Representation and Form III—Declaration and Undertaking with the Tribunal, on or before March 22, 2024.

On March 27, 2024, 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.

Submissions by parties opposed to the complaint must be filed not later than noon (ET), on April 9, 2024. The complainant and supporting parties may make submissions in response to the submissions of parties opposed to the complaint not later than noon (ET), on April 17, 2024.

In accordance with section 46 of the Canadian International Trade Tribunal Act, a person who provides information to the Tribunal and who wishes some of or all 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 this notice should be addressed to the Registry, Secretariat to the Canadian International Trade Tribunal, at citt-tcce@tribunal.gc.ca. The Registry can also be reached by telephone at 613-993-3595.

Ottawa, March 11, 2024

ADDITIONAL INFORMATION

DISTRIBUTION OF THE RECORD

On March 27, 2024, the Tribunal will distribute the public information received from the Canada Border Services Agency (CBSA) to counsel and self-represented participants that have filed Form I—Notice of Participation or Form II—Notice of Representation, as appropriate, and the confidential information to counsel who have filed Form III—Declaration and Undertaking with the Tribunal.

SUBMISSION DATES AND FACTORS TO BE ADDRESSED

Submissions by parties opposed to the complaint must be filed not later than noon (ET), on April 9, 2024. These submissions should include evidence, e.g., documents and sources that support the factual statements in the submissions and argument concerning the questions of:

• whether there are goods produced in Canada, other than those identified in the CBSA’s statement of reasons for initiating the investigation, that are like goods to the subject goods;

• whether the subject goods comprise more than one class of goods;

• which domestic producers of like goods comprise the domestic industry; and

• whether the information before the Tribunal discloses a reasonable indication that the alleged dumping of the subject goods has caused injury or retardation, or is threatening to cause injury.

The complainant and supporting parties may make submissions in response to the submissions of parties opposed to the complaint not later than noon (ET), on April 17, 2024.

One complete electronic version of all submissions must be filed with the Tribunal. Please see the Tribunal’s Confidentiality Guidelines, available on its website.

REQUESTS FOR PRODUCT EXCLUSIONS

Parties should note that the Tribunal does not consider product exclusion requests during a preliminary injury inquiry, and, therefore, none should be filed at this stage. Should the matter proceed to a final injury inquiry, the schedule for filing product exclusion requests will be included in the notice of commencement of inquiry.

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.

OTHER INFORMATION

The Canadian International Trade Tribunal Rules govern these proceedings.

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

The Tribunal has sent notice of commencement of preliminary injury inquiry and the preliminary injury inquiry schedule to domestic producers, importers and exporters with a known interest in the preliminary injury inquiry.

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.

PRELIMINARY INJURY INQUIRY SCHEDULE