On January 29, 2016, Essar Steel Algoma appealed to the Federal Court of Appeal to overturn the January 6, 2016 decision of the Canadian International Trade Tribunal (“CITT”) regarding dumped and subsidized hot-rolled carbon steel plate and high-strength low-alloy steel plate imports from India and Russia.
In their ruling, the CITT found that said imports have not caused injury and are not
threatening to cause injury to Canada’s domestic steel industry.
The CITT ruling followed the December 2015 the Canada Border Services Agency
(“CBSA”) finding that imports from India and Russia had been dumped into Canada at
margins as high as 98%. The CBSA also found that Indian imports had received
significant government subsidization. Notwithstanding the CBSA’s findings of significant
dumping and subsidization, the CITT’s decision means that these same imports are
exempt from dumping or countervailing duties.
Essar Steel Algoma believes that the CITT made several fundamental errors of law and
it is asking that the Federal Court of Appeal reverse the CITT’s decision. If the appeal is
successful, dumping and countervailing duties will be imposed on imports of steel plate
from India and Russia, for an initial period of five years. These duties could be applied
retroactively to imports entering Canada as of January 6, 2016.