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Canadian Tribunal Gives Notice of Expiry for Welded Steel Pipe Order

The Canadian International Trade Tribunal has given notice regarding expiry for its order made on June 5, 2000, in Review No. RR-99-004 regarding carbon steel welded pipe in the nominal size range of 1/2 to 16 inches (12.7 to 406.4 mm) inclusive, in various forms and finishes, usually supplied to meet ASTM A53, ASTM A120, ASTM A252, ASTM A589 or AWWA C200-80 or equivalent specifications.

In an expiry review, the President of the Canada Border Services Agency (CBSA) first determines whether the expiry of the order or finding is likely to result in the continuation or resumption of dumping or subsidizing of the goods.

If the CBSA determines that the expiry of the order or finding in respect of any goods is likely to result in the continuation or resumption of dumping or subsidizing, the Tribunal will then conduct an inquiry to determine if the continued or resumed dumping or subsidizing is likely to result in injury or retardation.

The order, which is scheduled to expire on June 3, 2005, had included water well casing, piling pipe, sprinkler pipe and fencing pipe, but excluding oil and gas line pipe made to API specifications exclusively, originating in or exported from the Republic of Korea, with an amendment to exclude lightwall sprinkler pipe that meets the requirements of ASTM A135 and/or A795 with the following dimensions:

  • Non-threadable with nominal size of 1 1/4 inch and wall thickness of 0.076 inch.
  • Non-threadable with nominal size of 1 1/2 inch and a wall thickness of 0.076 inch.
  • Non-threadable with nominal size of 2 inch and wall thickness of 0.076 inch.
  • Non-threadable with nominal size of 2 1/2 inch and wall thickness of 0.076 inch.
  • Non-threadable with nominal size of 3 inch and wall thickness of 0.076 inch.
  • Non-threadable with nominal size of 4 inch and wall thickness of 0.086 inch.
  • Threadable with nominal size of 1 inch and wall thicknesses of 0.093 to 0.123 inch.
  • Threadable with nominal size of 1 1/4 inch and wall thicknesses of 0.093 to 0.131 inch.
  • Threadable with nominal size of 1 1/2 inch and wall thicknesses of 0.098 to 0.135 inch.
  • Threadable with nominal size of 2 inch and wall thicknesses of 0.103 to 0.140 inch.

Product is also subject to the condition that the pipe be stenciled to indicate that it is approved by the Factory Mutual Research Organization and is listed by Underwriters' Laboratories, Inc. and Underwriters' Laboratories of Canada.

Under SIMA, 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.

Requests regarding initiation of an expiry review of the said order should be filed with the Secretary of the Tribunal not later than August 25, 2004. Submissions should address all relevant factors. Where there are opposing views, each person or government 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 persons or governments.

The Tribunal will issue a decision on September 22, 2004, 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, the Tribunal will not initiate a review and the order will expire on its expiry date. If the Tribunal decides that a review is not warranted, the order will expire on its expiry date. The Tribunal will issue its reasons not later than 15 days after its decision. 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.