FLAT WOODEN TOOTHPICKS ORIGINATING IN OR EXPORTED FROM
THE UNITED STATES OF AMERICA AND PRODUCED BY OR ON BEHALF OF
FORSTER MFG. CO. INC. OF WILTON, MAINE, ITS SUCCESSORS AND
Expiry No.: LE-96-003
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Ottawa, Tuesday, October 22, 1996
IN THE MATTER OF a request, under subsection 76(2) of the
Special Import Measures Act, for a review of the finding
made by the Canadian International Trade Tribunal on March 13,
1992, in Inquiry No. NQ-91-005, concerning:
FLAT WOODEN TOOTHPICKS ORIGINATING IN OR EXPORTED FROM THE
UNITED STATES OF AMERICA AND PRODUCED BY OR
ON BEHALF OF FORSTER MFG. CO. INC. OF WILTON, MAINE,
ITS SUCCESSORS AND ASSIGNS
On July 12, 1996, the Canadian International Trade Tribunal
issued a notice of expiry (LE-96-003) requesting views on whether
the aforementioned finding should be reviewed. Having considered
representations both for and against a review of the finding, the
Canadian International Trade Tribunal has decided, pursuant to
subsection 76(3) of the Special Import Measures Act, that a
review is not warranted.
Arthur B. Trudeau
Arthur B. Trudeau
Robert C. Coates, Q.C.
Robert C. Coates, Q.C.
Lyle M. Russell
Lyle M. Russell
The Canadian International Trade Tribunal (the Tribunal), on
July 12, 1996, in Expiry No. LE-96-003, gave notice that its
finding made on March 13, 1992, in Inquiry No. NQ-91-005,  concerning flat wooden
toothpicks originating in or exported from the United States of
America and produced by or on behalf of Forster Mfg. Co. Inc. of
Wilton, Maine (Forster), its successors and assigns, was scheduled
to expire on March 12, 1997. Persons or governments requesting or
opposing the initiation of a review of the said finding were
invited to file submissions providing supporting information with
respect to the issues of supply and demand, the likelihood of
material injury to domestic producers from resumed dumping, the
effect of such imports on prices, production, sales, market share
and profits and the likelihood of resumed dumping in Canada if the
finding were allowed to expire.
The subject goods are flat wooden toothpicks. There are several
types of toothpicks, including flat, round, frilled, coloured and
plastic. Flat wooden toothpicks are made from white birch wood and
normally measure about 2.20 in. in length, with a width of 0.10 in.
at one end and a width of 0.05 in. at the tapered end.
The Tribunal received one submission requesting the initiation
of a review from the sole domestic manufacturer of flat wooden
toothpicks, L. Tanguay (1986) Inc. (Keenan/Tanguay). Keenan/Tanguay
submitted that, if the finding were allowed to expire, Forster
would resume dumping the subject goods in Canada, which would
depress prices to 1991 levels and cause it injury.
The named exporter, Forster, and one importer, The Cowling Group
of Companies, which includes Cowling & Braithwaite Co. Limited,
made submissions opposing the initiation of a review.
When considering a request to review a finding pursuant to
subsection 76(3) of the Special Import Measures Act,
 the Tribunal needs
to be satisfied, on the basis of the submissions available, that a
review is warranted.
The Tribunal has examined Keenan/Tanguay’s submission and does
not find sufficient information to warrant a review of the
In this case, the Tribunal considered whether the information
provided gave an indication that the expiry of the finding would
result in a resumption of dumping. Keenan/Tanguay submitted that
Forster has been acquired by Diamond Brands Incorporated, of
Cloquet, Minnesota (Diamond) and contends that Diamond has excess
capacity which would cause it to dump the subject goods in Canada
if the finding were allowed to expire. Keenan/Tanguay did not
provide information that would support this allegation of excess
capacity. In addition, Keenan/Tanguay did not provide information
that would indicate whether Diamond even produces flat wooden
toothpicks or that the finding, if continued, would apply to
Diamond’s exports to Canada. Keenan/Tanguay also submitted that,
while Diamond has increased its prices in the United States, its
export price to the Canadian market has not increased. However,
Keenan/Tanguay provided no information in support of this
allegation. It also alleged that Forster’s prices in the United
States were 60 percent lower than Keenan/Tanguay’s Canadian price.
This assertion was based on what Keenan/Tanguay described as
Forster’s US price list which was not provided. Moreover, the
Tribunal notes that list prices do not necessarily indicate market
In its notice of expiry, the Tribunal asked for other
information that would indicate a likelihood of resumed dumping if
the finding were to expire, for example, exports of the subject
goods from the United States into other markets. However,
Keenan/Tanguay’s submission provided no information on this or
other indicators for which information was requested in the
Tribunal’s notice of expiry.
The Tribunal also considered whether the information gave an
indication that a resumption of dumping would result in injury to
the domestic industry. Keenan/Tanguay submitted that it would be
injured from a resumption of dumping because prices in the Canadian
market would be depressed to 1991 levels. However, Keenan/Tanguay
provided no information on Forster’s or Diamond’s prices in Canada,
or the domestic industry’s prices, to assist the Tribunal in
assessing the extent of import competition in the market.
Information in support of a claim of potential injury should
include some information on levels and trends in production, sales,
prices, margins and profits, as well as on any import competition
that may give an indication that injury would result from a
resumption of dumping.
The Tribunal has decided, based on the submissions received,
that a review of the finding is not warranted.
1. Finding , March 13,
1992, Statement of Reasons , March 30, 1992.
2. R.S.C. 1985, c.
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Initial publication: October 29, 1996