STAINLESS STEEL SINKS
Expiry Review No. RR-2017-001
TABLE OF CONTENTS
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 finding made on May 24, 2012, in Inquiry No. NQ-2011-002, concerning the dumping and subsidizing of stainless steel sinks with a single drawn bowl having a volume between 1,600 and 5,000 cubic inches (26,219.30 and 81,935.32 cubic centimetres) or with multiple drawn bowls having a combined volume between 2,200 and 6,800 cubic inches (36,051.54 and 111,432.04 cubic centimetres), originating in or exported from the People’s Republic of China (the subject goods), excluding:
- sinks fabricated by hand; and
- stainless steel sinks with a single drawn bowl or double drawn bowls and a 1 1/4-inch (32-millimetre by 19-millimetre) cast-resin matrix rim that replaces a stainless steel rim, for undermount seamless installation in countertops
In this expiry review, the Canada Border Services Agency (CBSA) will first determine whether the expiry of the finding in respect of the subject goods is likely to result in the continuation or resumption of dumping and subsidizing of the subject goods. If the CBSA determines that the expiry of the finding in respect of any goods is likely to result in the continuation or resumption of dumping and subsidizing, the Tribunal will then conduct an expiry review to determine if the continued or resumed dumping and subsidizing is likely to result in injury. The CBSA will provide notice of its determinations within 150 days after receiving notice of the Tribunal’s decision to initiate an expiry review, that is, no later than September 1, 2017. The Tribunal will issue its order and its statement of reasons no later than February 8, 2018.
Each person or government wishing to participate in this expiry review must file a notice of participation with the Tribunal on or before September 18, 2017. Each counsel who intends to represent a party in the expiry review must file a notice of representation, as well as a declaration and undertaking, with the Tribunal on or before September 18, 2017.
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.
Written submissions, correspondence and requests for information regarding the Tribunal’s portion of this matter should be addressed to the Registrar, Secretariat to the Canadian International Trade Tribunal, 15th Floor, 333 Laurier Avenue West, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), citt‑firstname.lastname@example.org (e-mail).
Further details regarding this expiry review, including the schedule of key events, are contained in the documents entitled “Additional Information” and “Expiry Review Schedule” appended to the notice of commencement of expiry review available on the Tribunal’s Web site at www.citt-tcce.gc.ca/en/dumping-and-subsidizing/expiry-reviews-section-76....
Dated at Ottawa, Ontario,
this 23rd day of October 2017
Notice of Expiry No. LE-2016-002, issued on February 13, 2017, informed interested persons and governments of the impending expiry of the Tribunal’s finding in Inquiry No. NQ-2011-002 concerning the dumping and subsidizing of the subject goods. On the basis of the information filed during the expiry process, the Tribunal is of the opinion that an expiry review of the finding is warranted.
In this expiry review, the CBSA will first conduct an investigation to determine whether the expiry of the finding in respect of the subject goods is likely to result in the continuation or resumption of dumping and subsidizing of the subject goods. To this end, the CBSA will send questionnaires to domestic producers, importers and foreign producers to gather information for its investigation. Further information regarding the CBSA’s investigation can be obtained by contacting Mr. Benjamin Bigio, Canada Border Services Agency, 11th Floor, 100 Metcalfe Street, Ottawa, Ontario K1A 0L8, 613-952-8665 (telephone), Benjamin.Bigio@cbsa-asfc.gc.ca (e-mail). A copy of the CBSA’s investigation schedule is available on the CBSA’s Web site at www.cbsa-asfc.gc.ca/sima-lmsi/er-rre/menu-eng.html.
If the CBSA determines that the expiry of the finding in respect of any goods is likely to result in the continuation or resumption of dumping and subsidizing, the Tribunal will then conduct an expiry review, pursuant to the provisions of SIMA and its Expiry Review Guidelines, to determine if the continued or resumed dumping and subsidizing of the subject goods are likely to result in injury. Upon receipt of the CBSA’s determination, if any, of a likelihood of continued or resumed dumping and subsidizing, the Tribunal will issue other questionnaires to domestic producers, certain importers and foreign producers to gather information for the purposes of its expiry review.
The schedule for the Tribunal’s expiry review specifies, among other things, the date for the filing of replies to Tribunal expiry review questionnaires, 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 or notices of representation and declarations and undertakings, the dates for the filing of submissions by interested parties and the hearing date.
The Tribunal’s Guideline to Making Requests for Product Exclusions, which can be found on the Tribunal’s Web site at www.citt-tcce.gc.ca/en/g_excl_e, describes the procedure for filing requests for specific product exclusions. Forms are available on the Tribunal’s Web site at www.citt-tcce.gc.ca/en/forms to facilitate the filing of product exclusion requests, responses and replies to responses. Parties may file in a different format if they so wish, provided all the information and supporting documentation requested in the forms are included. Please see the attached schedule for the filing deadlines for the product exclusion process. Parties filing product exclusion requests are requested to contact the Tribunal for additional information on filing and service requirements.
Parties and the public may file documents 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. The electronic version and the hard-copy version must be identical. In case of discrepancies, the hard-copy version will be considered the original.
The Canadian International Trade Tribunal Rules govern these proceedings.
Written and oral communication with the Tribunal may be in English or in French.
The Expiry Reviews Guidelines can be found on the Tribunal’s Web site at www.citt-tcce.gc.ca/en/Expiry_Review_Guidelines_e.
At the end of these proceedings, 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 decision will be posted on its Web site and distributed to the parties and interested persons, as well as to organizations and persons that have registered to receive decisions of the Tribunal.
April 4, 2017 - Tribunal issues notice of expiry review and schedule
August 8, 2017 - Teleconference on draft questionnaires (if required)
April 5, 2017 - Initiation of the CBSA’s expiry review investigation and issuance of the CBSA questionnaires
Initial compilation of CBSA exhibits available
September 1, 2017 - CBSA’s determination
If determination is affirmative, information pursuant to the Canadian International Trade Tribunal Rules is transferred to the Tribunal
September 1, 2017 - CBSA statement of reasons issued
Tribunal’s Expiry Review
September 5, 2017 - Initiation of Tribunal’s expiry review (following an affirmative determination by the CBSA)
September 18, 2017 - Notices of participation and representation, declarations and undertakings
September 26, 2017 - Replies to Tribunal expiry review questionnaires
October 30, 2017, by noon - Requests for product exclusions
November 6, 2017 - Distribution of Tribunal exhibits, including information transferred from the CBSA, and investigation report
Date to be determined - Investigation report teleconference (if required)
November 8, 2017, by noon - Domestic producers’ responses to requests for product exclusions
November 9, 2017, by noon - Cases of parties in support of a continuation of the finding
Date to be determined - Cases of parties in opposition to a continuation of the finding (if required)
November 15, 2017, by noon - Requesters’ replies to domestic producers’ responses to requests for product exclusions
Date to be determined - Reply submissions of parties in support of a continuation of the finding (if required)
November 27, 2017 - Teleconference (if required)
February 8, 2018 - Order and statement of reasons issued