Canadian curtain-wall companies appeal decision regarding alleged dumping of Chinese product

Several curtain-wall companies have asked the Federal Court of Appeal to overturn the Canadian International Trade Tribunal's decision regardingthe subsidizing and dumping of unitized wall modules from China into the Canadian market.

TheCanada Border Services Agencyterminated its investigation into the alleged dumping and subsidizing of Chinese unitized wall modules this fall, after the CITT determined "the evidence did not disclose a reasonable indication that the dumping and subsidizing of the subject goods have caused injury or retardation, or are threatening to cause injury."

The Canadian curtain-wall manufacturers that filed the original complaint and subsequent appeal 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. If CBSA then concludes that unitized wall modules have been dumped and/or subsidized, and the CITT determines that the Canadian industry has been injured, or is threatened with injury, duties would be imposed.

The CBSA began the investigation this July, following a complaint filed by Allan Window Technologies, Ferguson Neudorf Glass Inc., Flynn Canada Ltd., Inland Glass & Aluminum Ltd., Oldcastle BuildingEnvelope, Sota Glazing Inc., Starline Architectural Windows Ltd. and Toro Aluminum. The companies alleged that the dumping and subsidizing of these goods were harming Canadian production by causing lost sales, price erosion, price suppression, reduced profitability, loss of market share, reduced employment and underutilization of capacity, according to a CBSA release.