Steel anti-dumping and subsidy decisions

Summary#

The Canada Border Services Agency (CBSA) announced decisions about import investigations into certain corrosion‑resistant steel sheet and hot‑rolled heavy plate under the Special Import Measures Act. The CBSA made some final and preliminary dumping/subsidy determinations, stopped some investigations for specific exporters, and said provisional duties will continue in some cases while the Canadian International Trade Tribunal (CITT) finishes injury inquiries.

What it does#

• Corrosion‑resistant steel sheet (decisions made October 16, 2020):

  • The CBSA ended dumping investigations for certain imports from Turkey by Borçelik Sanayi Ticaret A.Ş. (Borçelik) and from the United Arab Emirates by Al Ghurair Iron & Steel.
  • The CBSA ended subsidy investigations for some Turkish exporters (including Atakaş Çelik Sanayi ve Ticaret A.Ş. (Atakaş), Borçelik, Tatmetal Çelik Sanayi Ve Ticaret A.Ş. (Tatmetal)) and for exporters from the UAE and Vietnam because it found no subsidies or only insignificant amounts.
  • At the same time the CBSA made a final dumping determination for corrosion‑resistant sheet from Turkey, the UAE and Vietnam, and a final subsidizing determination for goods from Turkey.
  • Provisional duties will remain in place on the subject goods until the CITT issues its injury decision, but provisional duties already collected (or security posted) for certain exporters will be returned and will no longer be collected for those exporters.
  • The CITT’s decisions on injury were to be issued by November 13, 2020.
  • The CBSA said it will publish Statements of Reasons within 15 days of the decisions and listed tariff classifications for the subject goods.

• Heavy plate (preliminary decision October 9, 2020):

  • The CBSA made a preliminary dumping determination for certain hot‑rolled carbon and HSLA heavy plate from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (often called Chinese Taipei), Germany, and Turkey.
  • The CBSA terminated the dumping investigations for the same product from South Korea and Malaysia.
  • Under the rules, provisional duties are payable on releases of the subject goods from October 9, 2020 until the earlier of the investigation’s end, the CITT’s order/finding, or acceptance of an undertaking. The amount charged is capped at the estimated margin of dumping.
  • The CBSA will issue a Statement of Reasons within 15 days of these decisions.

• Timing note:

  • The CBSA extended the legislated deadlines for final decisions on the corrosion‑resistant steel sheet cases by three months because of COVID‑19, relying on Bill C‑20 and an order signed September 30, 2020.

Who's affected#

• Importers and exporters of the specific corrosion‑resistant steel sheet and heavy plate covered by these investigations.
• Named companies mentioned in the notices, including Borçelik, Atakaş, Tatmetal, and Al Ghurair Iron & Steel (and related exporters from Turkey, the UAE, Vietnam, Chinese Taipei, Germany).
• Canadian steel producers and other businesses that buy these steel products (for example, construction and manufacturing firms) could be affected by changes in duties, prices, or supply.
• The notice also affects anyone following the ongoing CITT injury inquiries, since their outcome will decide whether duties become permanent.

Why it matters#

• If the CITT finds that dumping or subsidizing has caused injury, anti‑dumping and/or countervailing duties could be applied to future imports. That can raise import costs and influence prices for downstream users.
• Provisional duties already collected for some exporters will be refunded, while provisional duties will remain on other shipments until the tribunal decides. That affects cash flow for importers and exporters.
• The decisions and extended deadlines reflect COVID‑19 delays in trade‑remedy processes. Businesses that trade steel should watch for the CITT’s upcoming rulings and the written Statements of Reasons the CBSA will publish.