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The CBSA Decision In Certain Laminate Flooring



The Canada Border Services Agency (“CBSA”) issued its Statement of Reasons in the Certain Laminate Flooring dumping and subsidy case on June 1, 2005.   The conduct of the investigation and the decision and reasons are significant in a number of respects.  First, the CBSA has formally renounced the practice of “zeroing” in the calculation of dumping margins, thereby formally bringing Canada’s practice in line with WTO requirements.  Second, the CBSA permitted all parties to participate in the investigation process to a much greater extent than has been its previous practice.  Third, the CBSA continued its practice in recent cases of treating China as a market economy and examined a number of subsidy programs in China.  The conclusions set out in the Statement of Reasons provide useful guidance for importers of Chinese goods on how the CBSA will treat such programs in future countervailing duty cases.

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