CITT Issues Revised Order of Commencement of Inquiries on Gypsum board from the USA

Notice was received by the Canadian International Trade Tribunal (CITT) on September 6, 2016, from the Canada Border Services Agency (CBSA), stating that a preliminary determination had been made respecting the dumping of gypsum board, sheet, or panel (“gypsum board”) originating in or exported from the United States of America, imported into Canada for use or consumption in the provinces of British Columbia, Alberta, Saskatchewan, and Manitoba, as well as the Yukon and Northwest Territories.

The CITT has initiated an inquiry to determine whether the dumping of the above-mentioned goods has or is threatening to cause injury or retardation.

Further, on October 13, 2016, the government of Canada referred to the CITT the matter of whether the imposition of provisional duties or duties applicable to the gypsum board described above is contrary to Canada’s economic, trade or commercial interests, and whether such an imposition has or would substantially reduce competition in those markets or cause significant harm to consumers or businesses who use these goods. The government of Canada also directed that the CITT report to the Governor in Council on those matters no later than January 4, 2017, and submit, within 15 days after that date, its findings and recommendations on any remedy that could be taken.

Given that both inquiries must be concluded by January 4, 2017, the CITT gave notice on October 18th 2016 that it will combine the inquiries to provide for a more expeditious process.

Parties who are participants in the initial injury inquiry of September 6th (NQ-2016-002) will be automatically considered to be parties in the revised inquiry (Reference No. GC-2016-001).

Parties in Inquiry No. NQ-2016-002 that were planning to file arguments and evidence in their submissions regarding a potential public interest inquiry should now do so in the context of Reference No. GC-2016-001 and should include arguments and evidence regarding potential remedies.

Anyone wishing to participate in these proceedings and at the hearing as a party, who has not already done so for the purposes of Inquiry No. NQ-2016-002, must file a notice of participation with the CITT on or before October 31, 2016.

The public hearing will be held in a location in Western Canada commencing on the 28th day of November 2016, at 9:30 a.m., local time, to hear evidence and representations by interested parties.  A notice of venue will be issued at a later date to confirm the location of the hearing.

Written submissions, correspondence and requests for information should be addressed to:

Registrar, Secretariat to the Canadian International Trade Tribunal,
15th Floor, 333 Laurier Avenue West,
Ottawa, Ontario
K1A 0G7

Telephone:      613-993-3595
Fax:                  613-990-2439
E-mail:             citt-tcce@tribunal.gc.ca

Instructions for counsel representing interested parties as well as instructions on confidentiality of information, a schedule of the inquiries, and additional links to related legislation and regulations are available within the revised notice, available on CITT’s website.

Please contact your Livingston account representative should you have any questions.