Canada Gazette, Part I, Volume 156, Number 3: COMMISSIONS

January 15, 2022

CANADA BORDER SERVICES AGENCY

SPECIAL IMPORT MEASURES ACT

Certain oil country tubular goods — Decision

On December 22, 2021, pursuant to paragraph 41(1)(b) of the Special Import Measures Act (SIMA), the Canada Border Services Agency (CBSA) has made a final determination of dumping concerning certain oil country tubular goods originating in or exported from Mexico.

The subject goods are usually imported under the following tariff classification numbers:

  • 7304.29.00.11
  • 7304.29.00.19
  • 7304.29.00.21
  • 7304.29.00.29
  • 7304.29.00.31
  • 7304.29.00.39
  • 7304.29.00.41
  • 7304.29.00.49
  • 7304.29.00.51
  • 7304.29.00.59
  • 7304.29.00.61
  • 7304.29.00.69
  • 7304.29.00.71
  • 7304.29.00.79
  • 7306.29.00.11
  • 7306.29.00.19
  • 7306.29.00.21
  • 7306.29.00.31
  • 7306.29.00.29
  • 7306.29.00.39
  • 7306.29.00.61
  • 7306.29.00.69

The above-listed tariff classifications cover both subject and non-subject goods.

The Canadian International Trade Tribunal (CITT) inquiry into the question of injury to the Canadian industry is continuing, and it will issue its decision by January 26, 2022. Provisional duty will continue to be imposed on the subject goods from Mexico until the CITT renders its decision.

If the CITT finds that the dumping has caused injury or is threatening to cause injury, anti-dumping duty will be applied to future importations of the subject goods. In that event, the importer in Canada shall pay such duties.

The Customs Act applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti-dumping duties.

Information

The Statement of Reasons regarding the final determination will be issued within 15 days following the decision and will be available on the CBSA’s website.

Ottawa, December 22, 2021

Doug Band
Director General
Trade and Anti-dumping Programs Directorate

CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY OF ORDER (E-REGISTRY SERVICE PILOT PROJECT)

Pup joints

The Canadian International Trade Tribunal hereby gives notice, pursuant to subsection 76.03(2) of the Special Import Measures Act, that its order made on April 7, 2017, in expiry review RR-2016-001, continuing, without amendment, its finding made on April 10, 2012, in inquiry NQ-2011-001, concerning the dumping and subsidizing of oil country tubular goods pup joints, made of carbon or alloy steel, welded or seamless, heat-treated or not heat-treated, regardless of end finish, having an outside diameter from 2 3/8 inches to 4 1/2 inches (60.3 mm to 114.3 mm), in all grades, in lengths from 2 feet to 12 feet (61 cm to 366 cm), excluding casing pup joints, originating in or exported from the People’s Republic of China, is scheduled to expire (Expiry LE-2021-005) on April 6, 2022, unless the Tribunal has initiated an expiry review.

Interested firms, organizations, persons or governments wishing to make submissions on whether an expiry review is warranted must file a Form I — Notice of Participation with the Tribunal on or before January 21, 2022. Each counsel who intends to represent a party in these proceedings must file a Form II — Notice of Representation and a Form III — Declaration and Undertaking with the Tribunal on or before January 21, 2022. The forms can be found on the Tribunal’s website.

On January 24, 2022, 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 a 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 deadline for filing submissions is January 31, 2022, at noon, ET. If there are opposing views, each party may file a response no later than February 8, 2022, at noon, ET. Counsel and self-represented participants are required to serve their respective submissions on each other at the same time as they file them with the Tribunal.

Submissions should include concise arguments and supporting evidence concerning

  • the likelihood of continued or resumed dumping and subsidizing of the goods;
  • the likely volume and price ranges of dumped and subsidized imports if dumping or subsidizing were to continue or resume;
  • the domestic industry’s recent performance, including supporting data and statistics showing trends in production, sales, market share, domestic prices, costs and profits;
  • the likelihood of injury to the domestic industry if the order is allowed to expire, having regard to the anticipated effects of a continuation or resumption of dumped or subsidized imports on the industry’s future performance;
  • any other developments affecting, or likely to affect, the performance of the domestic industry;
  • changes in circumstances, domestically or internationally, including changes in the supply of or demand for the goods, and changes in trends in, and sources of, imports into Canada; and
  • any other matter that is relevant.

Anyone 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, or a statement indicating why such a summary cannot be made. Please see the Tribunal’s Confidentiality Guidelines on its website.

Documents should be filed electronically through the Tribunal’s Secure E-filing Service. Only one electronic copy is required.

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.

The Tribunal will decide by February 24, 2022, on whether an expiry review is warranted. If not warranted, the order will expire on its scheduled expiry date. If the Tribunal decides to initiate an expiry review, it will issue a notice of expiry review.

The Tribunal’s Expiry Review Guidelines can be found on its website.

Inquiries regarding this notice should be addressed to the Registry, Canadian International Trade Tribunal Secretariat, at citt-tcce@tribunal.gc.ca. It is also possible to leave a message with the Registry by telephone at 613‑993‑3595.

Ottawa, January 5, 2022

CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Construction services

The Canadian International Trade Tribunal has received a complaint (File PR-2021-058) from Gregory Kerr Limited (Gregory Kerr) of Dartmouth, Nova Scotia, concerning a procurement (Solicitation EB144-221443/A) made by the Department of Public Works and Government Services on behalf of the Department of Fisheries and Oceans. The solicitation was for the provision of services to repair the Canadian Coast Guard floating dock located in Sambro, Nova Scotia. Pursuant to subsection 30.13(2) of the Canadian International Trade Tribunal Act and subsection 7(2) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, notice is hereby given that the Tribunal made a decision on December 24, 2021, to conduct an inquiry into the complaint.

Gregory Kerr alleges that its bid was unfairly deemed unresponsive to the mandatory requirements of the solicitation for failing to meet bid security requirements, and that its bid bond is both authentic and verifiable.

Further information may be obtained from the Registry, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).

Ottawa, December 24, 2021

CANADIAN INTERNATIONAL TRADE TRIBUNAL

ORDER

Carbon and alloy steel line pipe

Notice is hereby given that on January 6, 2022, pursuant to paragraph 76.03(12)(b) of the Special Import Measures Act, the Canadian International Trade Tribunal continued its finding (Expiry Review RR-2020-004) made on March 29, 2016, in inquiry NQ-2015-002, concerning the dumping and subsidizing of carbon and alloy steel line pipe originating in or exported from the People’s Republic of China. The full description of the aforementioned goods and the excluded goods can be found in the Tribunal’s order.

Ottawa, January 6, 2022

CUSMA SECRETARIAT

REQUEST FOR PANEL REVIEW

Certain softwood lumber products

Notice is hereby given, in accordance with the Special Import Measures Act and the Canada–United States–Mexico Agreement (CUSMA), that on December 28, 2021, a Request for Panel Review of the final determination made by the United States Department of Commerce, International Trade Administration, respecting “Certain Softwood Lumber from Canada: Final Results of the Countervailing Duty Administrative Review, 2019” was filed on behalf of the Government of Canada, the Governments of Alberta, British Columbia, New Brunswick, Ontario, Quebec; Alberta Softwood Lumber Trade Council, British Columbia Lumber Trade Council, Quebec Forestry Industry Council, Ontario Forest Industries Association; Canfor Corporation, Fontaine, Inc., J.D. Irving, Limited, Resolute FP Canada Inc., Tolko Marketing and Sales Ltd. and Tolko Industries Ltd., Gilbert Smith Forest Products, and West Fraser Mills Ltd. with the United States Section of the CUSMA Secretariat, pursuant to Article 10.12 of the Canada–United States–Mexico Agreement.

The final determination was published in the Federal Register, on December 2, 2021 [86 Fed. Reg. 68,467].

The panel review will be conducted in accordance with the CUSMA Article 10.12 Panel Rules. Subrule 40(1)(c) of the above-mentioned rules provides that

  • (i) a Party or interested person may challenge the final determination in whole or in part by filing a Complaint in accordance with Rule 44 no later than 30 days after the filing of the first Request for Panel Review [the deadline for filing a Complaint is January 27, 2022];
  • (ii) a Party, an investigating authority or other interested person who does not file a Complaint but who intends to participate in the panel review must file a Notice of Appearance in accordance with Rule 45 no later than 45 days after the filing of the first Request for Panel Review [the deadline for filing a Notice of Appearance is February 11, 2022].
  • (iii) the panel review will be limited to the allegations of error of fact or law, including challenges to the jurisdiction of the investigating authority, that are set out in the Complaints filed in the panel review and to the procedural and substantive defenses raised in the panel review.

Notices of Appearance and Complaints pertaining to the present panel review, USA-CDA-2021-10.12-03, should be filed with the U.S. Secretary at the USMCA Secretariat, U.S. Section, Room 206, 1401 Constitution Avenue N.W., Washington, D.C. 20230, United States.

EXPLANATORY NOTE

Chapter 10 of the Canada–United States–Mexico Agreement establishes a procedure for replacing domestic judicial review of determinations in antidumping and countervailing duty cases involving imports from a CUSMA country with review by binational panels.

These panels are established, when a Request for Panel Review is received by the CUSMA Secretariat, to act in place of national courts to review final determinations expeditiously to determine whether they are in accordance with the antidumping or countervailing duty law of the country that made the determination.

Under Article 10.12 of the Canada–United States–Mexico Agreement, which came into force on July 1, 2020, the Government of Canada, the Government of the United States and the Government of Mexico established the Rules of Procedure for Article 10.12 Binational Panel Reviews. These rules were adopted by the CUSMA Free-Trade Commission on July 2, 2020.

Requests for information concerning the present notice, or concerning the CUSMA Article 10.12 Panel Rules, should be addressed to the United States Secretary, USMCA Secretariat, U.S. Section, Room 206, 1401 Constitution Avenue N.W., Washington, D.C. 20230, United States.

Sean Clark
Canadian Secretary

CUSMA SECRETARIAT

REQUEST FOR PANEL REVIEW

Certain softwood lumber products

Notice is hereby given, in accordance with the Special Import Measures Act and the Canada—United States— Mexico Agreement (CUSMA), that on December 28, 2021, a Request for Panel Review of the final determination made by the United States Department of Commerce, International Trade Administration, respecting “Certain Softwood Lumber from Canada: Final Results of Antidumping Duty Administrative Review; 2019” was filed on behalf of the Government of Canada, Quebec Forestry Industry Council, Ontario Forest Industries Association, Canfor Corporation, Fontaine, Inc., Resolute FP Canada Inc., Tolko Marketing and Sales Ltd., Tolko Industries Ltd., Gilbert Smith Forest Products, and West Fraser Mills Ltd. with the United States Section of the CUSMA Secretariat, pursuant to Article 10.12 of the Canada—United States—Mexico Agreement.

The final determination was published in the Federal Register, on December 2, 2021 [86 Fed. Reg. 68,471].

The panel review will be conducted in accordance with the CUSMA Article 10.12 Panel Rules. Subrule 40(1)(c) of the above-mentioned rules provides that

  • (i) a Party or interested person may challenge the final determination in whole or in part by filing a Complaint in accordance with Rule 44 no later than 30 days after the filing of the first Request for Panel Review [the deadline for filing a Complaint is January 27, 2022];
  • (ii) a Party, an investigating authority or other interested person who does not file a Complaint but who intends to participate in the panel review must file a Notice of Appearance in accordance with Rule 45 no later than 45 days after the filing of the first Request for Panel Review [the deadline for filing a Notice of Appearance is February 11, 2022]; and
  • (iii) the panel review will be limited to the allegations of error of fact or law, including challenges to the jurisdiction of the investigating authority, that are set out in the Complaints filed in the panel review and to the procedural and substantive defenses raised in the panel review.

Notices of Appearance and Complaints pertaining to the present panel review, USA-CDA-2021-10.12-04, should be filed with the U.S. Secretary at the USMCA Secretariat, U.S. Section, Room 206, 1401 Constitution Avenue N.W., Washington, D.C. 20230, United States.

EXPLANATORY NOTE

Chapter 10 of the Canada—United States—Mexico Agreement establishes a procedure for replacing domestic judicial review of determinations in antidumping and countervailing duty cases involving imports from a CUSMA country with review by binational panels.

These panels are established, when a Request for Panel Review is received by the CUSMA Secretariat, to act in place of national courts to review final determinations expeditiously to determine whether they are in accordance with the antidumping or countervailing duty law of the country that made the determination.

Under Article 10.12 of the Canada—United States—Mexico Agreement, which came into force on July 1, 2020, the Government of Canada, the Government of the United States and the Government of Mexico established the Rules of Procedure for Article 10.12 Binational Panel Reviews. These rules were adopted by the CUSMA Free-Trade Commission on July 2, 2020.

Requests for information concerning the present notice, or concerning the CUSMA Article 10.12 Panel Rules, should be addressed to the United States Secretary, USMCA Secretariat, U.S. Section, Room 206, 1401 Constitution Avenue N.W., Washington, D.C. 20230, United States.

Sean Clark
Canadian Secretary