Case information

Administrative law – Judicial review – International trade – anti-dumping – Does the Canada Border Services Agency’s Final Determination breach Canada’s World Trade Organization obligations? – Is guidance needed to ensure the Canada Border Services Agency operates within and according to the law? – Did the Federal Court of Appeal abdicate its statutory review jurisdiction? – Did the Federal Court of Appeal misapply the standard of review? – Special Import Measures Act, RSC 1985, c. S-15

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

In February of 2016 the Canada Border Services Agency (CBSA) received a written complaint alleging that large diameter carbon and alloy steel line pipe (LDLP) originating from China and Japan were being dumped in Canada. The CBSA initiated an investigation into the complaint. Preliminary investigations revealed that there was a reasonable indication of dumping. The CBSA imposed provisional duties on imports of LDLP from China and Japan pending the outcome of a full investigation. In September 2016 the President made a final determination that LDLP originating from China and Japan was dumped in Canada and that the margin of dumping was not insignificant. The Japanese producers and trading companies filed for judicial review at the Federal Court of Appeal. The application was dismissed.