Trade Tribunal: Bidet Classification and Pipe Review

Summary#

The Canadian International Trade Tribunal is holding a public videoconference hearing on March 26, 2024 about how certain electric bidet toilet seats should be classified for customs purposes. The Tribunal is also starting an expiry review (Expiry Review RR-2023-009, under the Special Import Measures Act) of anti‑dumping/subsidy measures on carbon steel welded pipe; key deadlines run through late 2024. Separately, the Public Service Commission has given permission and leave for Cinnamon Bhayani to seek nomination and run in the federal election expected on or before October 20, 2025.

What it does#

• Appeals hearing (Customs Act)

  • The Tribunal will hear an appeal on March 26, 2024 (by videoconference) about whether electric bidet toilet seats imported by American Standards Brands (d.b.a. Lixil Canada Inc.) and Andrew Sheret Purchasing Ltd. should be classified under tariff item 8516.79.90 or 8543.70.00.
  • Interested people must register with the Tribunal in advance to attend.

• Expiry review of carbon steel welded pipe (Expiry Review RR-2023-009)

  • The Tribunal has begun a review to decide whether its existing order on imports of certain carbon steel welded pipe from the People’s Republic of China should be continued.
  • The subject goods cover nominal pipe sizes of 1/2 inch up to and including 6 inches (12.7 mm to 168.3 mm) and include common uses such as water well casing, piling, sprinkler and fencing pipe (with some specific exclusions listed by the Tribunal).
  • The Canada Border Services Agency (CBSA) will first decide whether dumping or subsidizing would likely continue if the order expired and must report back by July 18, 2024.
  • If the CBSA finds likely continuation or resumption, the Tribunal will decide whether that would likely hurt the Canadian industry and must issue its decision by December 24, 2024.
  • Participation and procedure dates include filing a notice of participation by March 5, 2024, record distribution on September 9, 2024, and a public hearing starting October 15, 2024.

• Public Service Commission action

  • The Public Service Commission granted permission and a leave of absence (effective February 9, 2024) so Cinnamon Bhayani, a Compliance Officer at the Financial Transactions and Reports Analysis Centre of Canada, may seek nomination and be a candidate in the expected federal election.

Who's affected#

• Importers, distributors, retailers and customs brokers dealing with electric bidet toilet seats; specifically American Standards Brands (d.b.a. Lixil Canada Inc.) and Andrew Sheret Purchasing Ltd. are the appellants.
• Canadian producers, importers, and users (construction, water well, sprinkler, fencing, piling industries) of carbon steel welded pipe; exporters from the People’s Republic of China who supply those pipe sizes.
• Companies and workers in industries that compete with the imported pipe could see duty changes or market shifts depending on the outcome.
• Public servants and voters in Burnaby North–Seymour: Cinnamon Bhayani is permitted to run and will be on leave if she becomes a candidate.
• If you’re unsure whether you are affected by the expiry review, the Tribunal’s notice lists technical product definitions and exclusions.

Why it matters#

• The tariff classification decision for bidet seats can change how much duty is charged and how the goods are treated at the border. That affects prices and import paperwork for sellers and buyers.
• The expiry review could mean anti‑dumping or countervailing duties on certain carbon steel welded pipe stay in place, are removed, or are renewed. That can influence import volumes, domestic prices, and jobs in Canadian pipe‑making and downstream industries.
• The Public Service Commission decision shows how rules apply when federal employees want to run for elected office and affects who will be on the ballot in Burnaby North–Seymour.