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Canadian Tribunal Announces Expiry of Stainless Steel Bar Ruling

The Canadian International Trade Tribunal gave notice that its October 27, 2000, finding for dumped and subsidized stainless steel bar (Inquiry No. NQ-2000-002) is scheduled to expire on October 26, 2005.

The case addressed dumped stainless steel bar from Brazil, and subsidized stainless steel bar from Brazil and India. The investigation included stainless bar ranging in size from 25 to 570 mm in diameter (inclusive), but excludes stainless steel round bar made to specifications ASN-A3380, ASN-A3294 and 410QDT (oil quenched), i.e. grade 410 quenched and double-tempered with an oil quenching medium.

Under Canada’s Special Import Measures Act, findings of injury or threat of injury and the associated special protection in the form of anti-dumping or countervailing duties expire five years from the date of the last order or finding, unless an expiry review has been initiated before that date. An expiry review will not be initiated unless the Tribunal decides that there is sufficient information to indicate that it is warranted.

Persons or governments requesting or opposing the initiation of an expiry review should file written public submissions containing relevant information, opinions and arguments, with the Secretary of the Tribunal not later than December 22, 2004.

Submissions should address relevant factors including the likelihood of continued or resumed dumping and subsidizing of the goods; likely volume and price ranges of dumped and subsidized imports; the domestic industry's recent performance; the likelihood of injury to the domestic industry if the finding were allowed to expire; any other developments affecting the performance of the domestic industry; and any other changes in domestic or international circumstances.

Where there are opposing views, each party that filed a submission in response to the notice of expiry will be given an opportunity to respond in writing to the representations of other parties. Parties wishing to respond to the submissions must do so not later than January 6, 2005.

The Tribunal will issue a decision on January 18, 2005, on whether an expiry review is warranted based on the submissions and representations received and the responses to them. If there is no request for a review or if the Tribunal decides that a review is not warranted, the Tribunal will not initiate a review and the finding will expire on its expiry date. If the Tribunal decides to initiate a review, it will issue a notice of expiry review.

The Tribunal's Draft Guideline on Expiry Reviews can be found on its website.