LIQUID DIELECTRIC TRANSFORMERS

LIQUID DIELECTRIC TRANSFORMERS
Expiry Review No. RR-2017-002

TABLE OF CONTENTS

 

REVISED NOTICE OF EXPIRY REVIEW OF ORDER

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 order made on November 20, 2012, in Inquiry No. NQ-2012-001, continued without amendment by the order made on May 31, 2016, in Interim Review No. RD-2013-003, concerning the dumping of liquid dielectric transformers having a top power handling capacity equal to or exceeding 60,000 kilovolt amperes (60 megavolt amperes), whether assembled or unassembled, complete or incomplete, originating in or exported from the Republic of Korea (the subject goods).

In this expiry review, the Canada Border Services Agency (CBSA) will first determine whether the expiry of the order in respect of the subject goods is likely to result in the continuation or resumption of dumping of the subject goods. If the CBSA determines that the expiry of the order in respect of any goods is likely to result in the continuation or resumption of dumping, the Tribunal will then conduct an expiry review to determine if the continued or resumed dumping 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 December 22, 2017. The Tribunal will issue its order and its statement of reasons no later than May 31, 2018.

Each person or government wishing to participate in this expiry review must file a notice of participation with the Tribunal on or before January 8, 2018. 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 January 8, 2018.

The schedule for this expiry review is found at www.citt-tcce.gc.ca.

The Tribunal will hold a public hearing relating to this expiry review in the Tribunal’s Hearing Room No. 1, 18th Floor, 333 Laurier Avenue West, Ottawa, Ontario, commencing on the 19th day of March 2018, at 9:30 a.m., to hear evidence and representations by interested parties. If there are no opposing parties, the Tribunal may explore the possibility of a holding a file hearing, i.e. a hearing through written submissions only, instead of an oral hearing.

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‑tcce@tribunal.gc.ca (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 25th day of July 2017

ADDITIONAL INFORMATION

BACKGROUND INFORMATION

Notice of Expiry No. LE-2017-001, issued on June 5, 2017, informed interested persons and governments of the impending expiry of the Tribunal’s order in Interim Review No. RD-2013-003, concerning the dumping 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 order is warranted.

In this expiry review, the CBSA will first conduct an investigation to determine whether the expiry of the order in respect of the subject goods is likely to result in the continuation or resumption of dumping 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 Ms. Laura Fast, Canada Border Services Agency, 11th Floor, 100 Metcalfe Street, Ottawa, Ontario K1A 0L8, 613-954-1641 (telephone), Laura.Fast@cbsa-asfc.gc.ca (e‑mail), or Ms. Laurie Trempe-Kermoud, Canada Border Services Agency, 11th Floor, 100 Metcalfe Street, Ottawa, Ontario K1A 0L8, 613-954-7337 (telephone), Laurie.Trempe-Kermoud@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 order in respect of any goods is likely to result in the continuation or resumption of dumping, 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 of the subject goods is likely to result in injury. Upon receipt of the CBSA’s determination, if any, of a likelihood of continued or resumed dumping, 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.

REQUESTS FOR PRODUCT EXCLUSIONS

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.

PROCEDURE FOR FILING WITH THE TRIBUNAL

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.

PUBLIC HEARING

The Tribunal will hold a public hearing relating to this expiry review in the Tribunal’s Hearing Room No. 1, 18th Floor, 333 Laurier Avenue West, Ottawa, Ontario, commencing on the 19th day of March 2018, at 9:30 a.m., to hear evidence and representations by interested parties. If there are no opposing parties, the Tribunal may explore the possibility of a holding a file hearing, i.e. a hearing through written submissions only, instead of an oral hearing.

OTHER INFORMATION

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.

EXPIRY REVIEW SCHEDULE

July 25, 2017 - Tribunal issues notice of expiry review and schedule

November 27, 2017 - Teleconference on draft questionnaires (if required)

CBSA’s Investigation

February 15, 2017 - Initiation of the CBSA’s expiry review investigation and issuance of the CBSA questionnaires
Initial compilation of CBSA exhibits available

December 22, 2017 - CBSA’s determination
If determination is affirmative, information pursuant to the Canadian International Trade Tribunal Rules is transferred to the Tribunal

December 22, 2017 - CBSA statement of reasons issued

Tribunal’s Expiry Review

December 27, 2017 - Initiation of Tribunal’s expiry review (following an affirmative determination by the CBSA)

January 8, 2018 - Notices of participation and representation, declarations and undertakings

January 22, 2018 - Replies to Tribunal expiry review questionnaires

February 13, 2018 - Distribution of Tribunal exhibits, including information transferred from the CBSA, and investigation report

February 13, 2018 - Requests for information (RFIs)

February 19, 2018 - Investigation report teleconference (if required)

February 19, 2018, by noon - Requests for product exclusions

February 20, 2018, by noon - Cases of parties in support of a continuation of the order

February 26, 2018, by noon - Objections to RFIs

February 27, 2018, by noon - Domestic producers’ responses to requests for product exclusions
Cases of parties in opposition to a continuation of the order
Tribunal decisions on RFIs

March 7, 2018, by noon - Requesters’ replies to domestic producers’ responses to requests for product exclusions
Replies to RFIs

March 8, 2018, by noon - Reply submissions of parties in support of a continuation of the order

March 19, 2018 - Public hearing

May 31, 2018 - Order and statement of reasons issued

 

Case Number(s)

RR-2017-002

Attachment(s)

rr2r002_e.pdf (75.34 KB)

Status

Publication Date

Tuesday, July 25, 2017

Modification Date

Tuesday, July 25, 2017