CERTAIN STEEL GOODS

CERTAIN STEEL GOODS
Inquiry No. GC-2018-001-E1

NOTICE OF COMMENCEMENT OF EXCLUSIONS INQUIRY

On May 9, 2019, by the Order Referring to the Canadian International Trade Tribunal, for Inquiry into and Reporting on, the Matter of the Exclusion of Certain Steel Goods from the Order Imposing a Surtax on the Importation of Certain Steel Goods (Exclusions Inquiry Order), the Canadian International Trade Tribunal was directed by Her Excellency the Governor in Council, on the recommendation of the Minister of Finance, to conduct an inquiry regarding exclusion requests concerning certain heavy plate and stainless steel wire (as described more fully in Appendix A) which are subject to safeguard measures enacted in the Order Imposing a Surtax on the Importation of Certain Steel Goods. Subject countries are all countries except the United States, Mexico, Chile, Israel, Korea, Colombia, Honduras, Panama, Peru and all countries benefitting from the General Preferential Tariff (GPT, as listed in Appendix B).

In carrying out its mandate, the Tribunal is to determine if there is at least one domestic source of supply for such goods, or if there is a firm and commercially viable plan to produce such goods domestically. If the Tribunal determines that there is no domestic source of supply or firm and commercially viable plan to produce such goods domestically, the Tribunal will, in accordance with the direction provided in the Exclusions Inquiry Order, recommend the exclusion of the goods from the application of safeguard measures. The Tribunal must report to the Minister of Finance by July 15, 2019.

Inquiry Schedule

May 16, 2019 - Notice of commencement of inquiry / Exclusion request and response forms posted

May 27, 2019 - Notices of participation, declarations and undertakings due

June 7, 2019, by noon - Exclusion requests due

June 19, 2019, by noon - Responses to exclusion requests due

July 15, 2019 - Tribunal decision / Report to the Minister of Finance

Exclusion requests

The Tribunal has posted on its Web site, at www.citt-tcce.gc.ca/en/forms, forms for (1) exclusion requests and (2) responses from the domestic industry. The range of information being requested in these forms will increase the totality of the evidence on the record and should not necessarily be interpreted as an indication of how the Tribunal will interpret the terms of the Exclusions Inquiry Order.

The relevant forms must be filed with the Tribunal in accordance with the above Schedule. Each counsel who intends to represent a party in the inquiry must file a declaration and undertaking with the Tribunal.

These deadlines must be strictly observed, and filings submitted after the deadline will only be accepted in demonstrably extraordinary circumstances and with leave of the Tribunal.

Although the Tribunal does not plan to hold public hearings regarding these requests and responses, it reserves the right to do so in exceptional circumstances.

In light of the limited time frame provided to the Tribunal to conduct this inquiry and of the large number of parties and volume of documents that the Tribunal anticipates it will have before it, parties and counsel should make every effort to file concise submissions and include only those supporting materials that are relevant to and probative of the matters at issue. Parties may want to consult the Tribunal’s Guideline to Making Requests for Product Exclusions as an indication of the approach that is generally adopted by the Tribunal in terms of both burden of proof and evidentiary requirements.

Requests and responses shall be subject to a limit of 55 pages (including relevant forms and any attachments thereto). These parameters will be strictly enforced. The Tribunal will disregard any pages that exceed this limit.

Submissions shall respect the following requirements:

  • Page size: 21.5 cm by 28 cm / 8.5 by 11 inches (letter size)
  • Font: Times New Roman font size 12 or a comparable font and font size for all text, including quotations from authorities; Times New Roman font size 11 or a comparable font and font size for footnotes.
  • Line spacing: At least one and one half lines apart, except for block quotations, which must be indented and single-spaced. Footnotes shall be single-spaced.
  • Margins (top, bottom, left and right): Not less than 2.5 cm / 1 inch.

Confidentiality

In accordance with section 46 of the Canadian International Trade Tribunal Act, a person who provides information to the Tribunal and who wishes some or all of the information to be kept confidential must submit to the Tribunal, at the time the information is provided, a statement designating the information as confidential, together with an explanation as to why that information is designated as confidential. The person must also submit either a non-confidential summary of the information designated as confidential, or a statement indicating why such a summary cannot be provided.

Correspondence

Correspondence and questions regarding this notice should be addressed to the Registrar, Canadian International Trade Tribunal Secretariat, 15th Floor, 333 Laurier Avenue West, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone) or 1-855-307-2488 (North America toll-free) or citt-tcce@tribunal.gc.ca (e‑mail).

Communication with the Tribunal may be in English or in French.

General

The Canadian International Trade Tribunal Rules will be followed in this inquiry, as varied or supplemented by the Tribunal.

Dated at Ottawa, Ontario
this 16th day of May 2019

 

Appendix A

DESCRIPTION OF THE SUBJECT GOODS

 

Class of Goods

Description

Heavy Plate

Hot-rolled carbon steel plate and high-strength low-alloy steel plate not further manufactured than hot-rolled, heat-treated or not, in widths from 80 inches (± 2,030 mm) to 152 inches (± 3,860 mm), and thicknesses from 0.375 inches (± 9.525 mm) to 4.0 inches (101.6 mm), with all dimensions being plus or minus allowable tolerances contained in the applicable standards. For greater certainty, these dimensional restrictions apply to steel plate, which contains alloys greater than required by recognized industry standards provided that the steel does not meet recognized industry standards for an alloy-specification steel plate. The following goods are excluded:

• all plate in coil form, and

• all plate having a rolled, raised figure at regular intervals on the surface (also known as floor plate).

HS Codes

7208.51.00.10; 7208.51.00.93; 7208.51.00.94; 7208.51.00.95; 7208.52.00.10; 7208.52.00.93; 7208.52.00.96

 

Class of Goods

Description

Stainless Steel Wire

Cold drawn and cold drawn and annealed, stainless steel round wire, up to 0.256 inches (6.50 mm) in maximum solid cross-sectional dimension; and cold drawn, and cold drawn and annealed, stainless steel cold-rolled profile wire, up to 0.031 square inches (0.787 sq. mm) in maximum solid cross-sectional area.

HS Codes

7223.00.00.10; 7223.00.00.20

Appendix B

COUNTRIES BENEFITTING FROM THE GENERAL PREFERENTIAL TARIFF

 

Afghanistan

Gambia

Paraguay

Angola

Georgia

Philippines

Anguilla

Ghana

Pitcairn

Armenia

Guatemala

Rwanda

Ascension Island

Guinea

Saint Helena and Dependencies

Bangladesh

Guinea-Bissau

Samoa

Belize

Guyana

Sao Tome and Principe

Benin

Haiti

Senegal

Bhutan

Honduras

Sierra Leone

Bolivia

Iraq

Solomon Islands

British Indian Ocean Territory

Kenya

Somalia

Burkina Faso

Kiribati

South Sudan

Burma

Kyrgyzstan

Sri Lanka

Burundi

Laos

Sudan

Cambodia

Lesotho

Swaziland

Cameroon

Liberia

Syria

Canary Islands

Madagascar

Tajikistan

Cape Verde

Malawi

Tanzania

Central African Republic

Mali

Timor-Leste

Ceuta and Melilla

Marshall Islands

Togo

Chad

Mauritania

Tokelau Islands

Christmas Island

Micronesia

Tonga

Cocos (Keeling) Islands

Moldova

Tristan Da Cunha

Comoros

Mongolia

Turkmenistan

Congo

Montserrat

Tuvalu

Cook Islands

Morocco

Uganda

Côte d’Ivoire

Mozambique

Ukraine

Democratic Republic of Congo

Naura

Uzbekistan

Djibouti

Nepal

Vanuatu

Egypt

Nicaragua

Vietnam

El Salvador

Niger

Virgin Islands, British

Eritrea

Nigeria

Yemen

Ethiopia

Niue

Zambia

Falkland Islands

Norfolk Island

Zimbabwe

Fiji

Pakistan

French Southern and
Antarctic Territories

Papua New Guinea

 

Source: https://www.cbsa-asfc.gc.ca/trade-commerce/tariff-tarif/2019/html/countries-pays-eng.html

 

Case Number(s)

GC-2018-001-E1

Attachment(s)

gc2s001_e1_e.pdf (89.2 KB)

Status

Publication Date

Thursday, May 16, 2019

Modification Date

Thursday, May 16, 2019