We advise and represent clients in Canadian anti-dumping and countervailing duty (i.e., anti-subsidy) proceedings under the Special Import Measures Act (SIMA) and safeguard proceedings under the Canadian International Trade Tribunal Act.
Our international experience enables us to bring a unique perspective to these trade remedy cases. Our lawyers have acted as counsel and advisors in WTO disputes concerning anti-dumping, countervailing duty and subsidy issues (see “WTO Disputes”) and in Binational Panel reviews of anti-dumping and countervailing duty cases under Chapter Nineteen of the Canada-US Free Trade Agreement (CUSFTA) and the North American Free Trade Agreement (NAFTA). Review proceedings include Canada - Certain Refined Sugar from the United States; Mexico - Cut-to-Length Steel Plate from the United States; and Mexico - Coated Steel Plate from the United States.
Our lawyers were also involved in the Uruguay Round negotiations on subsidies and countervailing measures and the Canadian preparations for the CUSFTA Binational Working Group discussions on the development of more effective rules and disciplines on the use of subsidies and the development of a substitute system of rules for addressing dumping.
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DISPUTE CASE 1: |
In the precedent setting case Grain Corn from the U.S.A., the firm played an active role in successfully obtaining negative injury and threat of injury findings in this “regional market” anti-dumping and countervailing duty investigation. |
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DISPUTE CASE 2: |
In Certain Carbon Steel Welded Pipe Originating in or Exported from Argentina, Brazil, China Taipei, India, Romania, Thailand, and Venezuela , the firm successfully obtained a rescission of the order against imports of the subject goods from our client's country of production, Venezuela. |
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DISPUTE CASE 3: |
In Refined Sugar from the U.S.A., Denmark, The Netherlands, United Kingdom and Republic of Korea, our firm acted for the Canadian domestic industry and successfully secured anti-dumping and countervailing duty protection in this highly contested case that involved numerous proceedings and interlocutory motions before the Canadian International Trade Tribunal, the Federal Court of Canada and a Binational Panel under the Canada-US Free Trade Agreement. |
List Of Cases*:
Cases in which our lawyers have been counsel include the following:
| Machine Tufted Carpeting with Pile Predominantly of Nylon, Other Polyamide, Polyester or Polypropylene Yarns, Excluding Automotive Carpeting and Floor Covering of an Area Less than Five Square Metres, Originating in or Exported from the United States of America |
| The Dumping of Certain Flat Hot-Rolled Carbon and Alloy Steel and Strip Originating in or Exported from Brazil, Bulgaria, The People's Republic of China, Chinese Taipei, India, the Republic of Korea, the Former Yugoslav Republic of Macedonia, New Zealand, Saudi Arabia, South Africa, Ukraine and the Federal Republic of Yugoslavia and the Subsidizing of Certain Flat Hot-Rolled Carbon and Alloy Steel Sheet and Strip Originating in or Exported from India |
| Certain Carbon Steel Welded Pipe Originating or Exported from Argentina, Brazil, Chinese Taipei, India, Romania, Thailand and Venezuela |
| Grain Corn from the United States of America |
| The Dumping of Certain Hot-Rolled Carbon Steel Plate Originating in or Exported from Brazil, Finland, India, Indonesia, Thailand and the Ukraine and the Subsidizing of Certain Hot-Rolled Carbon Steel Plate Originating in or Exported from India, Indonesia and Thailand |
| Bicycles and Frames Originating in or Exported from Chinese Taipei (Formerly Designated as Taiwan) and the People's Republic of China |
| The Dumping of Refined Sugar, Refined from Sugar Cane or Sugar Beets, in Granulated, Liquid and Powdered from, Originating in or Exported from the United States of America, Denmark, the Federal Republic of Germany, the Netherlands and the United Kingdom, and the Subsidizing of Refined Sugar, Refined from Sugar Cane or Sugar Beets, in Granulated, Liquid and Powdered Form, Originating in or Exported from the European Union |
| Certain Beer Originating in or Exported from the United States of America by or on Behalf of PABST Brewing Company, G. Heileman Brewing Company Inc. and the Stroh Brewery Company, Their Successors and Assigns, for use or Consumption in the Province of British Columbia |
| Fresh, Whole, Delicious, Red Delicious and Golden Delicious Apples Originating in or Exported from the United States of America |
| Gypsum Board Originating in or Exported from the United States of America |
* This list is not exhaustive. |
