Inquiry NQ-2024-001

NOTICE OF COMMENCEMENT OF INQUIRY

CERTAIN WIRE ROD

Notice was received by the Canadian International Trade Tribunal on June 6, 2024, from the Director General of the Trade and Anti-dumping Programs Directorate at the Canada Border Services Agency (CBSA), stating that a preliminary determination had been made respecting 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 the Special Import Measures Act (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.

Pursuant to section 42 of SIMA, the Tribunal has initiated an inquiry to determine whether the dumping of the subject goods has caused injury or retardation or is threatening to cause injury, to make inquiries with respect to massive importations, and to determine such other matters as the Tribunal is required to determine under that section.

Each person or government wishing to participate in the inquiry and at the hearing as a party must file Form I—Notice of Participation with the Tribunal, on or before June 21, 2024. Each counsel who intends to represent a party in the inquiry and at the hearing must file Form II—Notice of Representation and Form III—Declaration and Undertaking with the Tribunal, on or before June 21, 2024.

On July 29, 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.

The Tribunal will hold a hearing relating to this inquiry commencing on September 3, 2024, to hear evidence and representations by interested parties. The type of hearing will be communicated at a later date.

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 or you may reach us at 613‑993‑3595.

Ottawa, June 7, 2024

 

ADDITIONAL INFORMATION

BACKGROUND INFORMATION

On June 6, 2024, the Tribunal received notice from the Director General of the Trade and Anti-dumping Programs Directorate at the CBSA, stating that a preliminary determination had been made respecting 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.

Pursuant to section 42 of SIMA, the Tribunal will now determine whether the dumping of the above-mentioned goods has caused injury or retardation or is threatening to cause injury, make inquiries with respect to massive importations, and determine such other matters as the Tribunal is required to determine under that section. More information is available in the Tribunal’s Preliminary and final injury inquiries guidelines.

The Tribunal has sent the notice of commencement of inquiry, as well as a letter outlining the details of the procedures and the inquiry schedule, to known interested parties, such as domestic producers, importers, foreign producers, certain purchasers, trade associations, and any trade unions that represent persons employed in the domestic industry. Some interested parties have been requested to complete questionnaires.

All questionnaires are bilingual and can be downloaded from the Tribunal’s website.

REQUESTS FOR PRODUCT EXCLUSIONS

The Tribunal’s Guidelines to Making Requests for Product Exclusions describe the procedure for filing requests for specific product exclusions. They also include links to a form for filing requests for product exclusions and to a response form for any party that opposes such requests. Please see the filing deadlines for the product exclusion process in the attached Inquiry Schedule.

REQUESTS FOR A PUBLIC INTEREST INQUIRY

In the event of an injury finding, a request for a public interest inquiry may be made by any party to the injury inquiry, or by any other group or person affected by the injury finding. Such a request must be filed with the Tribunal within 45 days of an injury finding. A public interest inquiry and an injury inquiry are completely separate proceedings. The Tribunal does not seek nor does it accept submissions on public interest issues during an injury inquiry.

PROCEDURE FOR E-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.

CONFIDENTIAL SUBMISSIONS PROJECT

The Tribunal will be conducting a project in the context of this inquiry aiming to further prevent inadvertent disclosure of confidential information. Public and confidential submissions will go through a review process, 24 hours before the filing deadline with the Tribunal, among counsel of record who have filed Form III—Declaration and undertaking. All counsel of record to this inquiry who filed a form III will be required to participate in the project. Additional information concerning the project and its deadlines will be communicated to counsel and self‑represented participants following the receipt of completed forms I, II and III. The schedule appended to this notice has also been updated to take into account the deadlines for service among counsel who signed a form III.

PUBLIC HEARING

The Tribunal will hold a hearing relating to this inquiry commencing on September 3, 2024, to hear evidence and representations by interested parties. The type of hearing will be communicated at a later date.

INTERPRETATION AT THE HEARING

To facilitate management of interpretation requirements:

• 25 days prior to the hearing, parties are to advise the Tribunal and all parties, in writing, which language(s) their counsel and witnesses will be using.
• 20 days prior to the hearing, parties are to advise the Tribunal and all parties, in writing, which interpretation services they and/or their witnesses require for the hearing and advise if the interpretation service is required for the entirety of the hearing or for specific testimonies and/or arguments.

OTHER INFORMATION

The Canadian International Trade Tribunal Rules govern these proceedings.

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. Please consult the Tribunal’s Confidentiality Guidelines for more information.

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

In order to observe and understand production processes, the Tribunal, accompanied by its staff, may conduct plant visits.

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.

 

INQUIRY SCHEDULE