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ARTICLE · 26 JUNE 2020

Judicial Review Not Remedy To Correct Margin Of Dumping In Canada

In Angang Steel v. President of the CBSA, 2020 FCA 67, Angang Steel Company Limited and Angang International Trade Corporation (collectively Angang) ...

CanadaLitigation, Mediation & Arbitration

In Angang Steel v. President of the CBSA, 2020 FCA 67, Angang Steel Company Limited and Angang International Trade Corporation (collectively Angang) brought an application for judicial review before the Federal Court of Appeal (the court) under paragraph 96.1(1)(b) of the Special Import Measures Act (SIMA). Angang challenged the final determination of dumping made by the president of the Canada Border Services Agency (the president) with respect to corrosion-resistant steel sheet imported from China, Chinese Taipei, India and South Korea, arguing that the margin of dumping (i.e., the difference between the price in the market of the exporting country or “normal value,” and the price in the Canadian market or “export price”) specified in the president's final determination was too high.

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