Trade Tribunal: Rebar Appeal and Procurement Inquiry

Summary#

The Canadian International Trade Tribunal published two items. It set how it will handle an appeal about imported steel reinforcing bars and opened an inquiry into a complaint about a federal graphic-design procurement.

What it does#

• Appeal (Appeal No. EA-2019-001): The Tribunal decided to consider the appeal by written submissions and has a hearing listed for March 3, 2020 in the case Ferrostaal Metals GmbH v. the President of the Canada Border Services Agency under the Special Import Measures Act. The dispute is about which set of "normal values" should apply to certain imported hot-rolled deformed steel concrete reinforcing bars—those set in the CBSA reinvestigation that ended on May 4, 2018, or the values in place when the goods were released from customs, as the appellant argues.
• Inquiry (File No. PR-2019-052): The Tribunal decided on January 15, 2020 to open an inquiry after receiving a complaint from Kaméléons & cie Solutions Design inc.. The complaint challenges how Innovation, Science and Economic Development Canada evaluated bids for a Request for a Standing Offer (Solicitation No. 800097) for graphic design services and says the department refused a debrief meeting.

Who's affected#

• Importers and traders of steel reinforcing bars, including Ferrostaal Metals GmbH, and the Canada Border Services Agency. The outcome could affect duties assessed on these imports.
• Construction companies and others who buy rebar, because changes to duties or valuations can change prices.
• Small firms and vendors who bid on federal graphic-design work, especially Kaméléons & cie Solutions Design inc. and Innovation, Science and Economic Development Canada.
• Others who watch procurement fairness and government contracting practices. If it’s unclear whether more parties are affected, the Tribunal’s inquiry and any notices of intervention will clarify.

Why it matters#

• The appeal could change which valuation method applies to some imported rebar. That can alter the amount of import duties owed and affect the price and availability of rebar in Canada’s construction market.
• The procurement inquiry addresses whether a federal department treated a bidder fairly and whether bidders can get debriefs. The outcome could influence how transparent and accountable federal contracting is for small businesses.