The Canadian International Trade Tribunal announced it has denied an interim review of its findings in the case of OCTG imports from Taiwan, India, Indonesia, South Korea, Thailand, Turkey, Ukraine, Vietnam, and the Philippines.
Borusan Mannesmann Boru requested the review to exclude its goods from the final antidumping margins assigned in April 2015. Although the company was assigned a zero percent dumping margin, it argued that it remains subject to the Canada Border Services Agency’s normal value regime and re-investigations, as well as to any expiry review of the finding that may come about in the future.
In late 2016, a WTO panel concluded that article 5.8 of the Anti-dumping Agreement requires WTO members to immediately terminate an investigation where authorities determine that the margin of dumping is de minimis and that imports of such goods should not be treated as “dumped” for the purpose of the analysis and final determinations of injury and causation. Canada did not appeal this decision and took steps to amend SIMA to enable the CBSA to terminate future investigations in relation to de minimis exporters.
Borusan Mannesmann Boru argued that the WTO ruling and decisions of the Tribunal subsequent to the OCTG finding constitute changed circumstances that warranted an interim review. The Tribunal disagreed, and thus denied the company’s request for a review.