Expiry No. LE-2014-005
TABLE OF CONTENTS
The Canadian International Trade Tribunal (the Tribunal) hereby gives notice, pursuant to subsection 76.03(2) of the Special Import Measures Act (SIMA), that its orders made on November 1, 2010, in Expiry Review No. RR-2009-003, as amended by its order made on September 28, 2012, in Expiry Review No. RR-2009-003R, continuing 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 Expiry 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, are scheduled to expire on October 31, 2015. Under SIMA, findings of injury or threat of injury and the associated special protection in the form of anti-dumping or countervailing duties expire five years from the date of the last order or finding, unless an expiry review has been initiated before that date.
The Tribunal’s expiry proceeding will be conducted by way of written submissions. Any firm, organization, person or government wishing to participate as a party in these proceedings must file a notice of participation with the Tribunal on or before January 15, 2015. Each counsel who intends to represent a party in these proceedings must also file a notice of representation, as well as a declaration and undertaking, with the Tribunal on or before January 15, 2015.
On January 16, 2015, the Tribunal will distribute the list of participants. Counsel and parties are required to serve their respective submissions on each other on the dates outlined below. Public submissions are to be served on counsel and those parties who are not represented by counsel. Confidential submissions are to be served only on counsel who have access to the confidential record and who have filed an undertaking with the Tribunal. This information will be included in the list of participants. Ten copies of all submissions must be served on the Tribunal.
Parties requesting or opposing the initiation of an expiry review of the orders shall file their written public submissions containing relevant information, opinions and arguments with the Tribunal, counsel and parties of record, no later than January 26, 2015. Where there are opposing views, each party that filed a submission in response to the notice of expiry will be given an opportunity to respond in writing to the representations of other parties. Parties wishing to respond to the submissions must do so no later than February 3, 2015.
In accordance with 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, among other things, submit a non-confidential edited version or summary of the information designated as confidential, or a statement indicating why such a summary cannot be made.
The Tribunal will issue a decision on February 18, 2015, on whether an expiry review is warranted. If the Tribunal decides that an expiry review is not warranted, the orders will expire on their scheduled expiry date. If the Tribunal decides to initiate an expiry review, it will issue a notice of expiry review.
Written submissions, correspondence and requests for information regarding this notice should be addressed to the Canadian International Trade Tribunal, 15th Floor, 333 Laurier Avenue West, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), firstname.lastname@example.org (e‑mail).
Further details regarding this proceeding, including the schedule of key events, are contained in the documents entitled “Additional Information” and “Expiry Schedule” appended to the notice of expiry of orders available on the Tribunal’s Web site at www.citt-tcce.gc.ca/en/dumping-and-subsidizing/expiries.
Dated at Ottawa, Ontario,
this 30th day of December 2014
Parties requesting or opposing the initiation of an expiry review of the orders shall file their written public submissions containing relevant information, opinions and arguments with the Tribunal no later than January 26, 2015.
Parties should endeavour to base their submissions on public information; however, confidential information relevant to the issues before the Tribunal may be filed, if necessary, along with a comprehensive public summary or edited version thereof.
Submissions shall include evidence, e.g. documents and sources that support the factual statements in the submissions, and argument concerning all relevant factors, pursuant to rule 73.2 of the Canadian International Trade Tribunal Rules (CITT Rules), including:
- the likelihood of continued or resumed dumping and subsidizing of the goods;
- the likely volume and price ranges of dumped and subsidized imports if dumping and subsidizing were to continue or resume;
- the domestic industry’s recent performance (data for the past three years and for the most recent interim period), including supporting data and statistics showing trends in production, sales, market share, domestic prices, costs and profits;
- the likelihood of injury to the domestic industry if the orders were allowed to expire, having regard to the anticipated effects of a continuation or resumption of dumped and subsidized imports on the industry’s future performance;
- any other developments affecting, or likely to affect, the performance of the domestic industry;
- changes in circumstances, domestically or internationally, including changes in the supply of or demand for the goods, and changes in trends in, and sources of, imports into Canada; and
- any other matter that is relevant.
Where there are opposing views, each party that filed a submission in response to the notice of expiry will be given an opportunity to respond in writing to the representations of other parties. Parties wishing to respond to the submissions must do so no later than February 3, 2015.
Ten copies of all submissions must be served on the Tribunal. Parties are required to serve each other with their respective submissions in accordance with the directions below:
1. Submissions that contain information that is confidential to your company/government or your client may be served by electronic means provided you are willing to accept the associated risks.
2. Submissions that contain third-party confidential information, meaning confidential information belonging to a company/government that is not your own or that is not represented by you must be served by courier. Service must be effected so that these submissions arrive on the stated due dates as set out above.
Please note that proof of service must be filed with the Tribunal at the same time as the required copies are served on the Tribunal. Please see the Tribunal’s Confidentiality Guidelines found at www.citt-tcce.gc.ca/en/Confidentiality_guidelines_e for additional information.
Documents may be filed electronically with the Tribunal through its Secure E-filing Service at https://apps.citt-tcce.gc.ca/sftapp/CITT/html/transfer_e.html. The information is fully encrypted from the sender to the Tribunal.
Parties must still file paper copies in the required number as instructed. When a paper copy and an electronic version of the same document are filed with the Tribunal, both must be identical. In case of discrepancies, the paper copy will be considered the original.
An expiry review at the request of any firm, organization, person or government will not be initiated unless the Tribunal decides that there is sufficient information to indicate that it is warranted.
The Tribunal will issue a decision on February 18, 2015, on whether an expiry review is warranted. If the Tribunal decides that an expiry review is not warranted, the orders will expire on their scheduled expiry date. The Tribunal will issue its reasons no later than 15 days after its decision. If the Tribunal decides to initiate an expiry review, it will issue a notice of expiry review.
The Tribunal’s Expiry Review Guidelines can be found on its Web site at www.citt-tcce.gc.ca/en/Expiry_Review_Guidelines_e. In addition to providing more detailed information on the proceeding whereby the Tribunal determines if an expiry review is warranted, the guidelines explain how an expiry review is conducted if the Tribunal determines that one is warranted. In an expiry review, the President of the Canada Border Services Agency (CBSA) first determines whether the expiry of the order or finding is likely to result in the continuation or resumption of dumping or subsidizing of the goods. If the CBSA determines that the expiry of the order or finding in respect of any goods is likely to result in the continuation or resumption of dumping or subsidizing, the Tribunal will then conduct an expiry review to determine if the continued or resumed dumping or subsidizing is likely to result in injury or retardation.
The CITT Rules govern these proceedings.
Written and oral communication with the Tribunal may be in English or in French.
December 30, 2014 - Distribution of notice of expiry of orders and schedule
January 15, 2015 - Notices of participation and representation, declarations and undertakings
January 16, 2015 - Distribution of the list of participants
January 26, 2015 - Submissions requesting or opposing the initiation of an expiry review
February 3, 2015 - Reply submissions
February 18, 2015 - Decision issued
March 5, 2015 - Statement of reasons issued (if required)