Source: Canada US
Link: Canada commences expiry review of carbon steel fasteners from China/Taiwan
On October 29, 2019, the Canada Border Services Agency announced the start of the expiry review (Canada’s sunset review process) of the antidumping and countervailing duty order against carbon steel fasteners from China (AD/CVD) and Taiwan (only AD). The AD/CVD duties have been in effect since January 2005. We were involved in the original investigation and the expiry reviews. This is the third expiry review proceeding.
The case is generally known to be against carbon steel screws. However, some fasteners that are called “bolts” (e.g., lag bolts, grain bin bolts) were listed as screws in the original proceedings and the AD/CVD duties apply to those items. That being said, the original case included nuts and bolts and the Canadian International Trade Tribunal (“CITT”) terminated the proceeding against nuts and bolts in 2005.
There are two parts to any expiry review process in Canada:
The expiry review schedule is as follows:
The CITT will consider well-documented requests or product exclusions during an expiry review injury inquiry and has issued a number of product exclusions for fasteners over the years. The effect of the product exclusion process is to remove goods from coverage and permit the items to enter Canada without payment of antidumping and countervailing duties. The CITT expiry review proceedings is a good time to make product exclusion requests if goods are not produced by Leland Industries in Canada. While there are other small fastener producers in Canada, Leland Industries was the main complainant and respondent in the last expiry review proceeding.
The CITT will not grant product exclusions if the domestic industry does not consent AND there are identical or substitutable domestic products. If it can be demonstrated that the domestic industry will not suffer material injury should the product exclusion be granted, the CITT may grant the request. For this reason, product exclusion requests should be strategized early and not at the last minute.
If you require assistance, please contact Cyndee Todgham Cherniak at 416-307-4168 or at firstname.lastname@example.org. The following articles on the LexSage website might be helpful: