LexSage

Anti-Dumping And Countervailing Duty

The first and most frequently used trade remedy around the world (including Canada) is the anti-dumping action. It is common for a countervailing duty action to be started at the same time; especially if a target country is China. 

No company operating internationally can afford to ignore the trade remedies laws.  One single trade remedy case can affect a key source revenue.  Whether a business wants to protect its home market or preserve market share in a foreign market, the focus is on a level trading field.
Dumping occurs when a good is sold into a foreign market (e.g., Canada) for less than what it is sold for in its home market (e.g., the United States).  The normal value (“fair price”) is either the domestic selling price (after certain adjustments) or the full cost of the good (that is, cost to manufacture + general selling and administrative costs + a reasonable profit).  When the normal value exceeds the export price, a dumping margin represents the difference.

A subsidy is a financial benefit provided by a government in the country of export.  When a subsidy is specific to a manufacturer or industry, then it is countervailable.  Export subsidies are prohibited under WTO rules.  When dumping and/or subsidization causes material injury, anti-dumping and/or countervailing duties may be imposed.

LexSage provides sage legal advice to clients and guides them through Canada’s antidumping and countervailing duty laws, regulations, policies and cases.  Trade remedies is one of our core competencies. A list of the cases is below. 

Since we have been involved in over 25 cases, we can spring to action quickly.  The timelines for responding in an anti-dumping and/or countervailing duty proceeding is very short (within the first 30 days after initiation).

We assist clients involved in Canadian anti-dumping proceedings in responding to all aspects of the case, including completion of questionnaire/RFI responses, assisting with normal value and export price calculations, attendance at SIMA verifications by Canada Border Services Agency officials, drafting of submissions, preparation of witness statements, and representation of clients at hearings before Canadian International Trade Tribunal. We offer a multidisciplinary approach to trade remedy matters and bring together a team of professionals and consultants.

How can we help you?

• Are you a Canadian producer of goods and wish to consider bringing an anti-dumping or countervailing duty case?
• Are you a Canadian producer of goods and would like to file an anti-dumping and/or countervailing duty complaint with the Canada Border Services Agency (CBSA)?
• Are you a Canadian importer who must file an importers questionnaire or RFI response to a case initiated by the CBSA?
• Are you a foreign government who must file a government RFI concerning a number of alleged subsidy programs at the federal, state/provincial and/or local/municipal levels?
• Are you an exporter or foreign producer who must file an exporter’s questionnaire or RFI response to a case initiated by the CBSA?
• Are you an exporter or foreign producer who wants to understand Canadian law in order to properly calculate normal values and/or export prices?
• Are you an importer or exporter or foreign producer who wishes to participate in a preliminary injury inquiry by the Canadian International Trade Tribunal (“CITT”)?
• Are you an importer who would like to make scope, product description or classes of goods arguments to the CITT?
• Are you an importer, exporter or foreign producer who would like to participate in a CITT injury inquiry?
• Would you like to seek a product exclusion in a CITT injury inquiry?
• Do you require assistance of experienced Canadian counsel during a CBSA verification?
• Would you like to file a submission and request that the CITT conduct a public interest inquiry?
• Would you like to file a submission and request the CITT conduct and interim review?
• Has the CITT commenced an interim review and you would like to participate as a party or intervenor?
• Are you a new exporter and would like to request the CBSA to determine normal values and export prices?
• Has the CBSA commenced a reinvestigation of normal values and export prices and you would like to respond?
• Has the CBSA commenced an expiry review and you would like to respond/participate in the proceedings?
• Has the CITT commenced an expiry review (RR) and you would like to respond/participate in the proceedings?
• Has the CBSA issued a detailed adjustment statement against imported goods and assessed SIMA duties?
• Would you like to file a judicial review application with the Federal Court Trial Division in respect of a decision/action by the Canada Border Services Agency?
• Would you like to file a judicial review application with the Federal Court of Appeal in respect of a decision by the Canadian International Trade Tribunal?
• Would you like to file a request for a bi-national panel under NAFTA in respect of a decision by the CBSA or CITT?
• Would you like to discuss dispute settlement under the WTO Dispute Settlement Understanding?
• Are you a Canadian company and must respond to antidumping and countervailing duty proceedings in a foreign jurisdiction?

List of CITT Cases
Cyndee Todgham Cherniak has been counsel in the following antidumping and/or countervailing duty injury investigations, expiry reviews and/or Special Import Measures Act enforcement actions.

CTTT File No.	Description	Acted For Party	Country
PI-2014-003 Preliminary Injury Inquiry	Certain Photovoltaic Modules and laminates	Foreign Producer, Importer	China
RR-2014-002 Expiry Review	Certain Hot Rolled Steel Plate	Foreign Producers	Ukraine
RR2014 - 001 Expiry Review	Certain Fasteners	Foreign Producers, Importers	China, Canada, United States
LE-2014-001	Certain Hot Rolled Steel Plate	Foreign Producers	Ukraine
NQ-2013-004	Certain Circular Copper Tube	Foreign Producers, Importers	Brazil, Canada
RR-2013-003 Expiry Review	Certain Aluminum Extrusions	Importer	Canada
PI-2013-002	Circular Copper Tube	Importer	Canada
NQ-2012-003	Carbon Steel Welded Pipe	Foreign Producer	United Arab Emirates
NQ-2012-002	Piling Pipe	Importer	Canada
PI-2011-001 Preliminary Injury Inquiry	Potassium Silicates Solid	Domestic Industry	Canada
RR-2009-001 Expiry Review	Fasteners	Importers, Exporters	Canada, United States
RR-2011-001 Expiry Review	Copper Pipe Fittings	Importers	Canada
NQ-2008-002 Injury Inquiry	Aluminum Extrusions	Exporters, Importers	China, Canada
PI-2008-002 Preliminary Injury Inquiry	Aluminum Extrusions	Importers	Canada
RR-2006-001 Expiry Review	Bicycles and Frames	Exporters, Importers	China, Taiwan, Canada
RR-2006-005 Expiry Review	Fasteners
NQ-2006-002 Injury Inquiry	Copper Pipe Fittings	Importer, Exporter	Canada, United States
PI-2006-001 Injury Inquiry	Copper Pipe Fittings	Importer	Canada
RR-2005-001 Expiry Review	Garlic	Exporter's Chamber	China
RD-2005-002 Interim Review	Concrete Reinforcing Bar	Domestic Industry	Canada
NQ-2005-001 Injury Inquiry	Grain Corn	Importer, Exporter	Canada, United States
PI-2005-001 Preliminary Injury Inquiry	Grain Corn	Importer	Canada
NQ-2004-005R Remand	Fasteners	Importer	Canada
RR-2004-001 Expiry Review	Concrete Reinforcing Bar	Domestic Industry	Canada
NQ-2004-006 Injury Inquiry	Laminate Flooring	Government of China	China
NQ-2004-005 Injury Inquiry	Certain Fasteners	Exporters Importers Coalition	China, Taiwan, United States
PI-2004-002 Preliminary Injury Inquiry	Certain Fasteners	Exporter	China
NQ-2004-004 Injury Inquiry	Outdoor Barbeque	Exporter	China
PI-2004-001 Preliminary Injury Inquiry	Outdoor Barbeque	Exporter	China
RR-2001-001 Expiry Review	Fresh Garlic	Exporter's Chamber	China
NQ-2000-006 Injury Inquiry	Fresh Garlic	Exporter's Chamber	China
NQ-2000-007 Injury Inquiry	Concrete Reinforcing Bar	Domestic Industry	Canada
RD-99-002 Interim Review	Fresh Garlic	Exporter's Chamber	China
NQ-99-002 Injury Inquiry	Concrete Reinforcing Bar	Domestic Industry	Canada

 

List of CBSA Cases
Cyndee Todgham Cherniak has been counsel in the following antidumping and/or countervailing duty investigations, redeterminations, expiry reviews and/or Special Import Measures Act enforcement actions:

Year	CBSA file No.	Description	Acted for Party	Country	TypeofProceeding
2014/2015	Dumping File:  AD/1405, 4214-14 CVD File: CV/140, 4218-41	Certain Photovoltaic Modules and Laminates	Foreign Producer/Exporter/ Importer	China	Investigation
2014	RR-2014-002	Certain Hot Rolled Steel Plate	Foreign Producer	Ukraine	Expiry Review
2014	RR-2014-001	Certain Fasteners	Importer Foreign Producer	Canada, USA	Expiry Review
2014	Dumping File: AD/1358, 4214-12	Certain Copper Pipe Fittings	Importers	Canada	Reinvestigation
2014	Dumping File:  4214-40	Certain Cooper Tube	Importer	Canada	Reinvestigation
2013	Dumping File AD/1401, 4214-40 CBD File:  CV/137, 4218-38	Certain Circular Copper Tube	Foreign Producer	Brazil, Canada	Investigation
2013	Dumping File: AD/1396, 4214-36	Carbon Steel Welded Pipe	Exporter Foreign Manufacturer	UAE	Reinvestigation
2013	Dumping File: AD/1401, 4214-40 CVD File: CV/137, 4218-28	Certain Circular Copper Tube	Exporter/Foreign Manufactuer Importer	Brazil, Korea	Investigation
2012	Dumping File:  AD/1396,4214-36 CVD File:  CV/132, 4218-34	Certain Carbon Steel Welded Pipe	Exporter/Foreign Manufacturer	U.A.E	Investigation
2011-12	Dumping File:  AD/1391, 4214-30 CVD File:  CV/128, 4218-29	Potassium Silicate Solids from Pakistan	Domestic Industry	Canada	Investigation
2011	AD/1379, 4214-22 CVD File:  CV/124, 4218-26	Certain Aluminum Extrusions	Importer	Canada	Reinvestigation
2011	AD/1308, 4243-38	Certain Fasteners	Exporters	United States	Reinvestigation
2011	R-2011-001	Copper Pipe Fittings	Importer Exporter	Canada, United States	Expiry Review
2010-11	AD/1358, 4214-12	Copper Pipe Fittings	Importer	Canada	Reinvestigation
2009-10	AD/1358, 4214-12	Copper Pipe Fittings	Importer	Canada	Reinvestigation
2009-10	AD/1308, 4243-38	Certain Fasteners	Importer Exporter	Canada, Taiwan, United States	Reinvestigation
2009	AD/1309, 4243-30	Certain Fasteners	Importer Exporter	Canada, Taiwan, United States	Reinvestigation
2009	RR-2009-001	Fasteners	Importer	Canada	Expiry Review
2008	Dumping File:  AD/1379, 4214-22 CVD File:  CV/124, 4218-26	Certain Aluminum Extrusions	Importers	Canada	Investigation
2008	AD/1358, 421412	Copper Pipe Fittings	Importer Exporter	Canada, United States	Reinvestigation
2007	RR-2006-001	Bicycles and Frames	Importer	Canada	Expiry Review
2007	AD/1358, 4214-12	Copper Pipe Fittings	Importer Exporter	Canada, United States	Reinvestigation
2007	AD/1308, 4243-38	Certain Fasteners	Importer Exporter	Canada, United States	Reinvestigation
2006	Dumping File: AD/1358, 4214-12 CVD File: CVD/118,4218-21	Certain Copper Pipe Fittings	Importers Exporters	Canada, United States	Investigation
2006		Bicycles	Importer Exporter	Canada, United States	Reinvestigation
2005	Dumping File:  AD/1347, 42140-10 CVD File: CVD/115/421/-20	Grain, Corn	Importer Exporter	Canada, United States	Investigation
2005	RR-2005-001	Garlic	Exporters Association Exporters	China	Expiry Review
2005	D 1144 and 1250	Fresh and Frozen Garlic	Exporters Association Exporters	China	Reinvestigation
2004	Dumping File:  AD/1308, 4243-38 CVD File:  CV/103, 4218-17	Certain Fasteners	Importers Exporters	Canada, Taiwan, United States, China	Investigation
2004	Dumping File:  AD/1318, 4235-264 CVD File CVD/102, 4218-16	Outdoor Barbeques	Importers Exporters	Canada, China, United States	Investigation
2004	RR-2004-001	Concrete Reinforcing Bar	Domestic Industry	Canada	Expiry Review
2000-01	Dumping File:  AD-1247, j4258-111	Concrete Reinforcing Bar	Domestic Industry	Canada	Investigation
2000-01	Dumping File:  AD/1250, 4237-89	Fresh and Frozen Garlic	Exporters Association	China	Investigation
2001	RR-2001-001	Fresh Garlic	Exporters Association Exporters	China	Expiry Review
1999	Dumping File:  AD-1225, 4258/107	Concrete Reinforcing Bar	Domestic Industry	Canada	Investigation

 

List of Judicial Reviews
Cyndee Todgham Cherniak has been involved in the following judicial reviews of antidumping and/or countervailing duty decisions by the Canada Border Services Agency or injury determinations by the Canadian International Trade Tribunal.

• GRK Fasteners Inc. vs. Attorney General 2001 FC 1027 (August 30, 2011) (Federal Court Trial Division)
• GRK Fasteners v. Attorney General 2011 FC 198 (February 8, 2011) (Federal Court Trial Division)
• GRK Canada Limited v. Leland Industries Inc. et al 2008 FCA 143 (April 17, 2008) (Federal Court of Appeal)
• Infasco Division of Ifastgroup and Company LPV Canadian International Trade Tribunal 2006 FAC 130 (March 31,2006 (Federal Court of Appeal)
• GRK Canada Limited v. Leland Industries Inc. et al 2006 FCA 118 (March 21, 2006) (Federal Court of Appeal)

 

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