Canadian International Trade Tribunal
www.citt-tcce.gc.ca
Common menu bar links
Dumping and Subsidizing
Expiry Reviews (section 76.03)
REFINED SUGAR
Expiry Review No. RR-2009-003
TABLE OF CONTENTS
Download full document in MS Word format, compressed - zip (13K) through FTP
Download full document in Adobe Acrobat format (72K) through FTP
Download full document in MS Word format, compressed - zip (13K) through HTTP
Download full document in Adobe Acrobat format (72K) through HTTP
The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that it will, pursuant to subsection 76.03(3) of the Special Import Measures Act (SIMA), initiate an expiry review of its orders made on November 2, 2005, in Expiry Review No. RR-2004-007, continuing, with amendment, its orders made on November 3, 2000, in Review No. RR-99-006 continuing with amendment, its findings made on November 6, 1995, in Inquiry No. NQ-95-002, concerning the dumping of refined sugar, refined from sugar cane or sugar beets, in granulated, liquid and powdered form, originating in or exported from the United States of America, Denmark, the Federal Republic of Germany, the Netherlands and the United Kingdom, and the subsidizing of refined sugar, refined from sugar cane or sugar beets, in granulated, liquid and powdered form, originating in or exported from the European Union.
Notice of Expiry No. LE-2009-003, issued on December 29, 2009, informed interested persons and governments of the impending expiry of the orders. On the basis of available information, including representations requesting or opposing the initiation of an expiry review and responses to these representations received by the Tribunal in reply to the notice of expiry, the Tribunal is of the opinion that an expiry review of the orders is warranted. The Tribunal has notified the Canada Border Services Agency (CBSA), as well as other interested persons and governments, of its decision.
The Tribunal has issued a Draft Guideline on Expiry Reviews that can be found on the Tribunal’s Web site at www.citt-tcce.gc.ca. In this expiry review, the CBSA must determine whether the expiry of the orders in respect of refined sugar is likely to result in the continuation or resumption of dumping and subsidizing of the goods.
If the CBSA determines that the expiry of the orders in respect of any goods is likely to result in the continuation or resumption of dumping and subsidizing, the CBSA will provide the Tribunal with the information that is required under the Canadian International Trade Tribunal Rules. The Tribunal will then conduct an inquiry to determine if the continued or resumed dumping and subsidizing is likely to result in injury or retardation. The Tribunal will issue its orders and its statement of reasons no later than November 1, 2010.
If the CBSA determines that the expiry of the orders in respect of any goods is unlikely to result in the continuation or resumption of dumping and subsidizing, the Tribunal will not consider those goods in its subsequent determination of the likelihood of injury or retardation and will issue an order rescinding the orders with respect to those goods.
The CBSA must provide notice of its determination within 120 days after receiving notice of the Tribunal’s decision to initiate an expiry review, that is, no later than June 17, 2010. The CBSA will also notify all persons or governments that were notified by the Tribunal of the commencement of an expiry review, as well as any others that participated in the CBSA’s investigation.
Letters have been sent to parties with a known interest in the expiry review providing them with the schedule respecting both the CBSA’s investigation and the Tribunal’s inquiry, should the CBSA determine that the expiry of the orders in respect of any goods is likely to result in a continuation or resumption of dumping and subsidizing.
CBSA’S INVESTIGATION
The CBSA will conduct its investigation pursuant to the provisions of SIMA and the administrative guidelines set forth in the Trade Programs Directorate’s publication entitled Guidelines on the Conduct of Expiry Review Investigations under the Special Import Measures Act. Any information submitted to the CBSA by interested persons concerning this investigation is deemed to be public information unless clearly designated as confidential. Where the submission is confidential, a non-confidential edited version or summary of the submission must also be provided which will be disclosed to interested parties upon request.
With respect to the CBSA’s investigation, the schedule specifies, among other things, the date for the filing of replies to the expiry review questionnaires, the date on which the CBSA exhibits will be available to parties to the proceeding, the date on which the administrative record will be closed and the dates for the filing of submissions by parties in the proceeding. Further information regarding the CBSA’s investigation can be obtained by contacting the CBSA officer as mentioned below.
TRIBUNAL’S INQUIRY
Should the CBSA determine that the expiry of the orders in respect of any goods is likely to result in a continuation or resumption of dumping and subsidizing, the Tribunal will conduct its inquiry, pursuant to the provisions of SIMA and its Draft Guideline on Expiry Reviews, to determine if there is a likelihood of injury or retardation. The schedule for the Tribunal’s inquiry specifies, among other things, the date for the filing of replies by domestic producers to Part G of the expiry review questionnaire, the date for the filing of updated information from domestic producers, importers and exporters to the expiry review questionnaire replies, the date on which information on the record will be made available by the Tribunal to interested parties and counsel that have filed notices of participation and the dates for the filing of submissions by interested parties.
In the event that the CBSA does make a determination that the expiry of the orders in respect of any goods is likely to result in a continuation or resumption of dumping and subsidizing, the Tribunal may seek to engage an expert witness to address current market trends, including the global supply and demand outlook for refined sugar.
The Tribunal’s Guide to Making Requests for Product Exclusions, which can be found on the Tribunal’s Web site, describes the procedure for filing requests for specific product exclusions. The Guide includes a form for filing requests for product exclusions and a form for any party that opposes a request to respond to such requests. This does not preclude parties from making submissions in a different format if they so wish, provided all of the information and supporting documentation requested in the forms are included. Requests to exclude goods from the orders shall be filed by interested parties no later than noon, on August 6, 2010. Parties opposed or consenting or not opposed to the request for exclusion shall file written reply submissions no later than noon, on August 16, 2010. Should the request for a specific product exclusion be opposed, and if the interested party wishes to reply, it must do so no later than noon, on August 23, 2010.
Under section 46 of the Canadian International Trade Tribunal Act, a person who provides information to the Tribunal and who wishes some or all of the information to be kept confidential must submit to the Tribunal, at the time the information is provided, a statement designating the information as confidential, together with an explanation as to why the information is designated as confidential. Furthermore, the person must submit a non-confidential edited version or non-confidential summary of the information designated as confidential or a statement indicating why such an edited version or summary cannot be made.
Public Hearing
The Tribunal will hold a public hearing relating to this expiry review in the Tribunal Hearing Room No. 1, 18th Floor, Standard Life Centre, 333 Laurier Avenue West, Ottawa, Ontario, commencing the 7th day of September 2010, at 9:30 a.m., to hear evidence and representations by interested parties.
Each interested person or government wishing to participate at the hearing as a party must file a notice of participation with the Secretary on or before June 25, 2010. Each counsel who intends to represent a party at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before June 25, 2010.
To allow the Tribunal to determine whether simultaneous interpretation will be required for the hearing, each interested person or government filing a notice of participation and each counsel filing a notice of representation must advise the Secretary, at the same time that they file the notice, whether they and their witnesses will be using English or French or both languages at the hearing.
The Canadian International Trade Tribunal Rules govern these proceedings.
In order to observe and understand production processes, the Tribunal, accompanied by its staff, may conduct plant visits.
COMMUNICATION
Requests for information, written submissions and correspondence regarding the CBSA’s investigation should be addressed to:
Ms. Karen Humphries
Canada Border Services Agency
Anti-dumping and Countervailing Program
100 Metcalfe Street
11th Floor
Ottawa, Ontario
K1A 0L8
Telephone: 613-954-7176
Fax: 613-948-4844
E-mail: Karen.Humphries@cbsa-asfc.gc.ca
A copy of the CBSA’s investigation schedule and the expiry review investigation guidelines are available on the CBSA’s Web site at www.cbsa-asfc.gc.ca/sima-lmsi/er-rre/menu-eng.html.
Written submissions, correspondence and requests for information regarding the Tribunal’s inquiry should be addressed to:
The Secretary
Canadian International Trade Tribunal
Standard Life Centre
333 Laurier Avenue West
15th Floor
Ottawa, Ontario
K1A 0G7
Telephone: 613-993-3595
Fax: 613-990-2439
E-mail: secretary@citt-tcce.gc.ca
Parties and the public may file documents electronically with the Tribunal through its Secure E-filing Service at www.citt-tcce.gc.ca/apps/index_e.asp. The service utilizes the Government of Canada’s epass system, which allows the secure transmission of confidential business information. The information is fully encrypted from the sender to the Tribunal.
However, parties must still file paper copies in the required number as instructed. Where a party is required to file hard copies, the electronic version and the hard-copy version must be identical. In case of discrepancies, the hard-copy version will be considered the original.
At the end of the official process, the Tribunal will issue a decision supported by a summary of the case, a summary of the arguments and an analysis of the case.
The Tribunal’s decision will be posted on its Web site and distributed to the parties and interested persons, as well as to organizations and persons who have registered to receive decisions of the Tribunal.
Written and oral communication with the CBSA and the Tribunal may be in English or in French.
Dominique Laporte
Secretary
Dated at Ottawa, Ontario
this 17th day of February 2010
February 17, 2010 |
Tribunal issues notice of expiry review, schedule and expiry review questionnaires |
CBSA’s Investigation | |
February 18, 2010 |
Initiation of the CBSA’s expiry review investigation |
March 17, 2010 |
Submission of notices of representation and disclosure undertakings (SIMA and Customs Act) |
March 19, 2010 |
Supplementary CBSA exhibits available |
March 26, 2010 |
Questionnaire responses and other information are due - domestic producers, importers and exporters/foreign producers |
April 8, 2010 |
Closing of the record |
April 9, 2010 |
Finalized CBSA import statistics and market tables available |
April 19, 2010 |
Case briefs due from all parties arguing that continued or resumed dumping and subsidizing is likely or not likely |
May 3, 2010 |
Reply submissions from all parties in respect of the case briefs |
June 17, 2010 |
CBSA’s determination |
July 2, 2010 |
Statement of reasons issued |
Tribunal’s Inquiry | |
June 18, 2010 |
Initiation of Tribunal’s inquiry (following an affirmative determination by the CBSA) |
June 25, 2010 |
Notices of participation and representation, declarations and undertakings |
July 2, 2010 |
Replies to Part G of the domestic producers’ expiry review questionnaire and updated information from domestic producers, importers and exporters to the expiry review questionnaire replies |
July 29, 2010 |
Distribution of Tribunal exhibits, including information transferred from the CBSA, and staff report |
Dates to be confirmed |
Requests for information |
August 6, 2010, by noon |
Requests for product exclusions |
August 9, 2010, by noon |
Cases of parties in support of a continuation of the orders and all parties’ expert reports |
August 16, 2010, by noon |
Responses to requests for product exclusions |
August 19, 2010, by noon |
Cases of parties in opposition to a continuation of the orders and all parties’ expert rebuttal reports |
August 23, 2010, by noon |
Replies to responses to requests for product exclusions |
August 26, 2010, by noon |
Reply submissions of parties in support of a continuation of the orders |
September 7, 2010 |
Public hearing |
November 1, 2010 |
Orders and statement of reasons issued |
