Canada-based curtainwall manufacturers have filed an appeal with the Federal Court of Appeal seeking a reverse ruling to the Canadian International Trade Tribunal's(CITT)decision to close its investigation of the alleged injurious dumping and subsidizing of certain unitized wall modules from China.
The Canadian manufacturers allege that CITT made several fundamental errors of law and are now asking that the Federal Court of Appeal reverse the decision.If the appeal is successful,the Canada Border Services Agency(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 investigation as to whether imports have caused injury to the Canadian domestic industry.CBSA had launched its investigation this past summer,after a complaint was filed by several
Canada-based curtainwall manufacturers alleging that 80 China-based exporters and 17 China-based importers of unitized wall module products had"caused injury and[were]threatening to cause injury to the Canadian industry producing these goods."In addition,the complaint also claimed"that the dumping and subsidizing of these goods are harming Canadian production by causing the following:lost sales,price erosion,price suppression,reduced profitability,loss of market share,reduced employment and underutilization of capacity."The complaint was based on observations made during January 1,2009 through March 31,2012
The CITT closed its investigation in October stating it"cannot conclusively determine if the project-specific losses to two domestic producers might reasonably constitute injury to a major proportion of the total domestic production of like goods."CITT also stated the complaints'evidence does not support injury allegations of dumping and subsidizing because the alleged material accumulates to less than twopercent of the total value of the market for unitized wall modules.
