Osler, Hoskin & Harcourt LLP

November 05, 2012 08:00 ET

Canadian Producers of Unitized Wall Modules File Appeal of CITT Preliminary Injury Determination with Federal Court of Appeal

OTTAWA, ONTARIO--(Marketwire - Nov. 5, 2012) - On October 15, 2012, Canadian producers of unitized wall modules filed an application for judicial review at the Federal Court of Appeal. This process seeks to overturn the September 14, 2012 decision of the Canadian International Trade Tribunal ("CITT").

On May 24, 2012, the Canadian producers filed a complaint ("Complaint") with the Canada Border Services Agency ("CBSA") which alleged that imports of unitized wall modules from People's Republic of China had caused injury or were threatening to cause injury to the Canadian industry. On July 16, 2012, the CBSA determined that the evidence in the Complaint disclosed evidence of dumping and subsidization of imports from China and that there was a reasonable indication that these dumped and subsidized imports had caused or were threatening to cause material injury to the domestic industry. As a result, the CBSA initiated an investigation.

In the decision of the CITT which has now been appealed, the CITT found that the Complaint did not disclose a "reasonable indication" that the dumped and subsidized imports caused or were threatening to cause injury to the Canadian industry.

The Canadian producers believe that the CITT made several fundamental errors of law and are asking that the Federal Court of Appeal reverse the CITT's decision. If the appeal is successful, the CBSA would be required to resume its investigation into the dumping and subsidization of imported unitized wall modules from China and the CITT would be required to resume its inquiry into whether those dumped and subsidized imports have caused injury to the Canadian domestic industry. If CBSA concludes that the goods at issue have been dumped and/or subsidized, and the CITT determines that the Canadian industry has been injured, or is threatened with injury, duties will be imposed on unitized wall modules imports from China into Canada.

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Sota Glazing Inc.
Starline Architectural Windows Ltd.
Toro Aluminum and Toro Glasswall Inc

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