Trade Tribunal determinations and expiry review

Summary#

The Canadian International Trade Tribunal announced several decisions and actions on procurement and trade measures. Two procurement complaints were found to be valid in part (one about hotel accommodations in Québec and one about office furniture). The Tribunal also opened an expiry review of anti‑dumping/subsidy orders on certain thermoelectric warmers and coolers from the People’s Republic of China, and it launched an inquiry into a janitorial‑services procurement complaint.

What it does#

• Hotels and accommodation (File PR‑2024‑004)

  • Reviews a complaint by Newland Canada Corporation about a PWGSC solicitation for accommodation in the city of Québec covering May–August 2024.
  • The Tribunal’s decision, made on July 22, 2024, found the complaint valid in part.

• Office furniture (File PR‑2023‑064)

  • Reviews a complaint by Global Total Office about a Department of National Defence procurement for furniture and seating.
  • The Tribunal’s decision, made on July 25, 2024, found the complaint valid in part.

• Expiry review of anti‑dumping/countervailing order (Expiry review RR‑2024‑003)

  • The Tribunal is starting a review under the Special Import Measures Act of existing measures on thermoelectric warmers and coolers that use a passive heat sink and a thermoelectric module (excluding liquid dispensers) originating in or exported from the People’s Republic of China.
  • The Canada Border Services Agency (CBSA) will first decide whether ending the order would likely let dumping or subsidizing resume. The CBSA must report back within 150 days (no later than December 24, 2024).
  • If the CBSA says dumping/subsidizing would likely resume, the Tribunal will then decide whether that would likely harm the Canadian industry and will issue its order and reasons by June 2, 2025.
  • Parties who want to participate must file Form I by August 13, 2024. Counsel must file Forms II and III by August 13, 2024. A public hearing will start on March 17, 2025.

• Janitorial services inquiry (File PR‑2024‑029)

  • The Tribunal decided on July 31, 2024 to hold an inquiry after Evripos Janitorial Services Ltd. complained that Public Works and Government Services rejected its bid because of its status under PWGSC’s Vendor Performance Corrective Measure Policy.

Who's affected#

• Bidders and suppliers who respond to federal procurements, especially:
  • Newland Canada Corporation and competing accommodation providers in Québec.
  • Global Total Office and other office‑furniture suppliers who work with the Department of National Defence.
  • Janitorial contractors who bid on PWGSC cleaning contracts, including Evripos Janitorial Services Ltd.
• Importers, distributors, and Canadian makers of thermoelectric warmers and coolers, plus customs/import compliance teams, because the expiry review could change duties or import rules.
• The Canada Border Services Agency and legal representatives who plan to participate in the expiry review (note the August 13, 2024 filing deadlines).

If it’s unclear who will be affected in some cases, the Tribunal’s notices list how to register to participate.

Why it matters#

• For bidders and contractors: a finding that a procurement complaint is valid in part can lead to a re‑examination of how a contract was awarded. That can affect who wins work and may lead to changes in future solicitations.
• For importers and retailers of thermoelectric warmers/coolers: the expiry review could lead to continued duties (if dumping/subsidizing would resume) or to duties being removed. That affects prices, sourcing, and competition.
• For anyone watching federal procurement fairness: the inquiry into a janitorial contract highlights that the Tribunal checks whether government buying rules were followed, including how vendor performance records are treated.