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Gypsum Industry Hit with New Canadian Duty Case

On June 8, 2016 the Canada Border Services Agency (CBSA) initiated an anti-dumping investigation against gypsum board originating in or exported from the USA into Canada. The case was filed by Gypsum Canada Inc. of Mississauga.

Gypsum board is the primary building material for wall, ceiling, and partition systems in residential, institutional and commercial construction.

This investigation could adversely affect importers, manufacturers, exporters, distributors, retailers and end-user customers of gypsum board which has been manufactured in or exported from the US. In prior cases, Canada has imposed anti-dumping duties of over 50 percent on gypsum board imported into Canada.

Dickinson Wright’s team of experienced trade lawyers are available to assist those companies affected by this investigation.

Next Steps in Canadian Investigation

As in the US, Canadian anti-dumping investigations are a two-stage process.

The CBSA is responsible for determining the margin of dumping and amount of dumping duties payable on importations into Canada. The Canadian International Trade Tribunal (CITT) is responsible for determining whether the dumped imports are causing injury to the Canadian industry. If the CBSA makes a dumping determination and the CITT finds that such dumping is causing material injury to the Canadian industry, then anti-dumping duties will be applied to all shipments of gypsum board for the next five years. It is therefore critical that companies act now to protect their interests throughout the investigation process.

The upcoming key dates in this investigation are as follows:

  • June 29, 2016: Importers must respond to the questionnaires issued by CBSA

  • July 5, 2016: Exporters must respond to the questionnaires issued by CBSA

  • July 6, 2016: Submissions by parties opposed to a preliminary injury finding (usually importers, exporters, foreign producers and Canadian end users) are due with the CITT

  • September 6, 2016: CBSA will issue its preliminary determination of dumping

  • September 7, 2016: CITT will initiate its injury inquiry

  • December 5, 2016: CBSA will issue its final determination of dumping

  • January 5, 2017: CITT will issue its final determination of injury

In the event of an affirmative injury determination, anti-dumping duties will be applied on imports of gypsum for five years until January 5, 2022.

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© Copyright 2021 Dickinson Wright PLLCNational Law Review, Volume VI, Number 168
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About this Author

Brenda C. Swick, Dickinson Wright, Trade Remedies Lawyer, Anti-trust Regulatory Attorney
Partner

Ms. Swick's practice focuses on government contracting, anti-trust, regulatory compliance, anti-corruption, export controls and economic sanctions, trade remedies, customs and judicial review of government decisions. She also has a practice in international trade and investment law (including WTO/NAFTA dispute settlement).

The Government of Canada has appointed Ms. Swick as an expert arbitrator under Chapter 19 of the NAFTA. She has also received her Certificate in Public Procurement Law and Practice from Osgoode Hall Law School. Early on in her...

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