CARBON STEEL WELDED PIPE

CARBON STEEL WELDED PIPE
Expiry Review No. RR-2017-005

TABLE OF CONTENTS

 

REVISED NOTICE OF EXPIRY REVIEW OF FINDING

The Canadian International Trade Tribunal hereby gives notice that it will, pursuant to subsection 76.03(3) of the Special Import Measures Act (SIMA), initiate an expiry review of its finding made on December 11, 2012, in Inquiry No. NQ-2012-003, concerning the dumping of carbon steel welded pipe, commonly identified as standard pipe, in the nominal size range from 1/2 inch up to and including 6 inches (12.7 mm to 168.3 mm in outside diameter) inclusive, in various forms and finishes, usually supplied to meet ASTM A53, ASTM A135, ASTM A252, ASTM A589, ASTM A795, ASTM F1083 or Commercial Quality, or AWWA C200-97 or equivalent specifications, including water well casing, piling pipe, sprinkler pipe and fencing pipe, but excluding oil and gas line pipe made to API specifications exclusively, and excluding 1 mm thick carbon steel tubing (SPCC‑1, 25.6 mm in outside diameter), double coated (first coated with acrylonitrile butadiene styrene, then with polyvinyl chloride), and non-galvanized, ASTM A53, Grade B, Schedule 80 pipe, with an inside diameter of 1 1/4 inches to 1 1/2 inches, in 22‑ft. lengths, with the inside weld scarfed, originating in or exported from the Republic of Korea, and produced with AISI C1022M steel with a carbon content of 0.18 percent to 0.23 percent and a manganese content of 0.80 percent to 1.00 percent, originating in or exported from Chinese Taipei (excluding goods exported from Chinese Taipei by Chung Hung Steel Corporation and Shin Yang Steel Co. Ltd), the Republic of India, the Sultanate of Oman, the Republic of Korea, Thailand and the United Arab Emirates (excluding goods exported from the United Arab Emirates by Conares Metal Supply Ltd.), and the subsidizing of the aforementioned goods originating in or exported from the Republic of India (the subject goods).

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 and subsidizing 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 and subsidizing, the Tribunal will then conduct an expiry review to determine if the continued or resumed dumping and subsidizing are likely to result in injury. The CBSA will provide notice of its determinations within 150 days after receiving notice of the Tribunal’s decision to initiate an expiry review, that is, no later than May 7, 2018. The Tribunal will issue its order and its statement of reasons no later than October 15, 2018.

Each person or government wishing to participate in this expiry review must file a notice of participation with the Tribunal on or before May 22, 2018. Each counsel who intends to represent a party in the expiry review must file a notice of representation, as well as a declaration and undertaking, with the Tribunal on or before May 22, 2018.

The schedule for this expiry review is found at www.citt-tcce.gc.ca.

The Tribunal will hold a public hearing relating to this expiry review in the Tribunal’s Hearing Room No. 1, 18th Floor, 333 Laurier Avenue West, Ottawa, Ontario, commencing on the 7th day of August 2018, at 9:30 a.m., to hear evidence and representations by interested parties. If there are no opposing parties, the Tribunal may explore the possibility of a holding a file hearing, i.e. 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 Registrar, Secretariat to the Canadian International Trade Tribunal, 15th Floor, 333 Laurier Avenue West, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), citt‑tcce@tribunal.gc.ca (e-mail).

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 the notice of commencement of expiry review available on the Tribunal’s Web site at www.citt-tcce.gc.ca/en/dumping-and-subsidizing/expiry-reviews-section-76....

Dated at Ottawa, Ontario,
this 8th day of December 2017

ADDITIONAL INFORMATION

BACKGROUND INFORMATION

Notice of Expiry No. LE-2017-003, issued on July 28, 2017, informed interested persons and governments of the impending expiry of the Tribunal’s finding in Inquiry No. NQ-2012-003 concerning the dumping and subsidizing 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 and subsidizing of the subject goods. To this end, the CBSA will send questionnaires to domestic producers, importers and foreign producers to gather information for its investigation. Further information regarding the CBSA’s investigation can be obtained by contacting Mr. Patrick Mulligan, Canada Border Services Agency, 11th Floor, 100 Metcalfe Street, Ottawa, Ontario K1A 0L8, 613-952-6720 (telephone), Patrick.Mulligan@cbsa-asfc.gc.ca (e-mail). A copy of the CBSA’s investigation schedule is available on the CBSA’s Web site at www.cbsa-asfc.gc.ca/sima-lmsi/er-rre/menu-eng.html.

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 and subsidizing, 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 and subsidizing of the subject goods is are likely to result in injury. Upon receipt of the CBSA’s determination, if any, of a likelihood of continued or resumed dumping and subsidizing, 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 notices of participation or notices of representation and declarations and undertakings, 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 Web site at www.citt-tcce.gc.ca/en/g_excl_e, describes the procedure for filing requests for specific product exclusions. Forms are available on the Tribunal’s Web site at www.citt-tcce.gc.ca/en/forms 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 are requested to contact the Tribunal for additional information on filing and service requirements.

PROCEDURE FOR FILING WITH THE TRIBUNAL

Parties and the public may file documents electronically with the Tribunal through its Secure E‑filing Service at https://apps.citt-tcce.gc.ca/sftapp/CITT/html/transfer_e.html. The information is fully encrypted from the sender to the Tribunal.

Parties must still file paper copies in the required number as instructed. The electronic version and the hard-copy version must be identical. In case of discrepancies, the hard-copy version will be considered the original.

PUBLIC HEARING

The Tribunal will hold a public hearing relating to this expiry review in the Tribunal’s Hearing Room No. 1, 18th Floor, 333 Laurier Avenue West, Ottawa, Ontario, commencing on the 7th day of August 2018, at 9:30 a.m., to hear evidence and representations by interested parties. If there are no opposing parties, the Tribunal may explore the possibility of a holding a file hearing, i.e. a hearing through written submissions only, instead of an oral hearing.

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 Expiry Reviews Guidelines can be found on the Tribunal’s Web site at www.citt-tcce.gc.ca/en/Expiry_Review_Guidelines_e.

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 Web site and distributed to the parties and interested persons, as well as to organizations and persons that have registered to receive decisions of the Tribunal.

REVISED EXPIRY REVIEW SCHEDULE

December 8, 2017 - Tribunal issues notice of expiry review and schedule

Date to be confirmed - Teleconference on draft questionnaires (if required)

CBSA’s Investigation

December 9, 2017 - Initiation of the CBSA’s expiry review investigation and issuance of the CBSA questionnaires
Initial compilation of CBSA exhibits available

May 7, 2018 - CBSA’s determination
If determination is affirmative, information pursuant to the Canadian International Trade Tribunal Rules is transferred to the Tribunal

May 22, 2018 - CBSA statement of reasons issued

Tribunal’s Expiry Review

May 8, 2018 - Initiation of Tribunal’s expiry review (following an affirmative determination by the CBSA)

May 22, 2018 - Notices of participation and representation, declarations and undertakings

May 29, 2018 - Replies to Tribunal expiry review questionnaires

June 28, 2018 - Distribution of Tribunal exhibits, including information transferred from the CBSA, and investigation report

June 28, 2018 to July 6, 2018 - Requests for information (RFIs)

Date to be confirmed - Investigation report teleconference (if required)

July 5, 2018, by noon - Requests for product exclusions

July 6, 2018, by noon - Cases of parties in support of a continuation of the finding

July 10, 2018, by noon - Objections to RFIs

July 13, 2018, by noon - Domestic producers’ responses to requests for product exclusions
Cases of parties in opposition to a continuation of the finding
Tribunal decisions on RFIs

July 23, 2018, by noon - Requesters’ replies to domestic producers’ responses to requests for product exclusions
Replies to RFIs

July 24, 2018, by noon - Reply submissions of parties in support of a continuation of the finding

August 7, 2018 - Public hearing

October 15, 2018 - Order and statement of reasons issued

Case Number(s)

RR-2017-005

Attachment(s)

Status

Publication Date

Friday, December 8, 2017

Modification Date

Thursday, April 19, 2018