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CUSTOMS AND EXCISE - Dumping and subsidies - Calculation of normal value

Tuesday, May 26, 2020 @ 9:12 AM  

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Application by Angang Steel and Angang International for judicial review from a final determination of dumping made by the President of the Canada Border Services Agency. The final determination related to corrosion-resistant steel sheet from several countries. The President determined responses provided by the applicants to the questionnaires provided were insufficient to allow the determination of the normal value and export prices for the products. As a result, the President determined the normal value and export price pursuant to a ministerial specification under s. 29(1) of the Special Import Measures Act. The normal value was determined to be the export price plus an amount equal of 53 per cent of that export price. The margin of dumping was 53 per cent of the export price. The applicants did not argue that its margin of dumping was under the de minimus threshold.

HELD: Application dismissed. While amendments to s. 41 of the Act changed the focus of the final determination from the country to the particular exporter, the threshold for the final determination remained the same, being whether the margin of dumping was insignificant. The court could only review the final determination that goods were dumped. The court did not have jurisdiction to set aside the final determination of the President under s. 41(1)(b) of the Act where the margin of dumping, while still significant, was less than the amount specified by the President. There were no direct legal consequences of changing the margin of dumping from one amount to a lesser amount that was still above the two per cent de minimus threshold.

Angang Steel Co. v. Canada (Border Services Agency), [2020] F.C.J. No. 497, Federal Court of Appeal, W.W. Webb, D.J. Rennie and A.L. Mactavish JJ.A., March 31, 2020. Digest No. TLD-May252020003