DRY WHEAT PASTA

DRY WHEAT PASTA
Preliminary Injury Inquiry No. PI-2017-004

TABLE OF CONTENTS

 

NOTICE OF COMMENCEMENT OF PRELIMINARY INJURY INQUIRY

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that, pursuant to subsection 34(2) of the Special Import Measures Act (SIMA), it has initiated a preliminary injury inquiry to determine whether the evidence discloses a reasonable indication that the alleged injurious dumping and subsidizing of all dry wheat-based pasta, not stuffed or otherwise prepared, and not containing more than two percent eggs, whether or not enriched, fortified, organic, whole wheat or containing milk or other ingredients, originating in or exported from the Republic of Turkey, excluding refrigerated, frozen or canned pasta (the subject goods), have caused injury or retardation or are threatening to cause injury, as these words are defined in SIMA.

The Tribunal’s preliminary injury inquiry will be conducted by way of written submissions. Each person or government wishing to participate in the preliminary injury inquiry must file a notice of participation with the Tribunal on or before January 10, 2018. Each counsel who intends to represent a party in the preliminary injury inquiry must file a notice of representation, as well as a declaration and undertaking, with the Tribunal on or before January 10, 2018.

On January 15, 2018, the Tribunal will issue a 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. One photocopy-ready original, three bound copies and a complete digital version of all submissions must be filed with the Tribunal.

Submissions by parties opposed to the complaint must be filed not later than noon, on January 25, 2018. The complainant may make submissions in response to the submissions of parties opposed to the complaint not later than noon, on February 1, 2018. At that time, other parties in support of the complaint may also make submissions to the Tribunal.

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 this notice 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 preliminary injury inquiry, including the schedule of key events, are contained in the sections entitled “Additional Information” and “Preliminary Injury Inquiry Schedule” of the notice of commencement of preliminary injury inquiry available on the Tribunal’s Web site at www.citt-tcce.gc.ca/en/whats-new.

Dated at Ottawa, Ontario,
this 29th day of December 2017

ADDITIONAL INFORMATION

DISTRIBUTION OF THE RECORD

On January 15, 2018, the Tribunal will distribute the public information received from the Canada Border Services Agency (CBSA) to all parties that have filed notices of participation, and the confidential information to counsel who have filed a declaration and undertaking with the Tribunal.

SUBMISSION DATES AND FACTORS TO BE ADDRESSED

Submissions by parties opposed to the complaint must be filed not later than noon, on January 25, 2018. These submissions should include evidence, e.g. documents and sources that support the factual statements in the submissions and argument concerning the questions of:

  • whether there are goods produced in Canada, other than those identified in the CBSA’s statement of reasons for initiating the investigations, that are like goods to the subject goods;
  • whether the subject goods comprise more than one class of goods;
  • which domestic producers of like goods comprise the domestic industry; and
  • whether the information before the Tribunal discloses a reasonable indication that the alleged dumping and subsidizing of the subject goods have caused injury or retardation, or are threatening to cause injury.

The complainant may make submissions in response to the submissions of parties opposed to the complaint not later than noon, on February 1, 2018. At that time, parties in support of the complaint may also make submissions to the Tribunal.

One photocopy-ready original, three bound copies and a complete digital version of all submissions must be filed with 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 the said 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.

REQUESTS FOR PRODUCT EXCLUSIONS

Parties should note that the Tribunal does not consider product exclusion requests during a preliminary injury inquiry, and, therefore, none should be filed at this stage. Should the matter proceed to a final injury inquiry, the schedule for filing product exclusion requests will be included in the notice of commencement of inquiry.

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.

OTHER INFORMATION

The Canadian International Trade Tribunal Rules govern these proceedings.

The Tribunal has sent notice of the notice of commencement of preliminary injury inquiry and the preliminary injury inquiry schedule to domestic producers, importers and exporters with a known interest in the preliminary injury inquiry. The notice, additional information and the preliminary injury inquiry schedule listing the key events are available on the Tribunal’s Web site at www.citt-tcce.gc.ca/en/whats-new.

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.

Written and oral communication with the Tribunal may be in English or in French.

PRELIMINARY INJURY INQUIRY SCHEDULE

December 29, 2017 - Notice of commencement of preliminary injury inquiry

January 10, 2018 - Notices of participation and representation, declarations and undertakings

January 15, 2018 - Distribution of documents received from the CBSA

January 25, 2018, by noon - Submissions by parties opposed to the complaint

February 1, 2018, by noon - Replies from the complainant and parties in support of the complaint

February 26, 2018 - Determination

March 13, 2018 - Reasons for determination

Case Number(s)

PI-2017-004

Attachment(s)

pi2r004_e.pdf (71.58 KB)

Status

Publication Date

Friday, December 29, 2017

Modification Date

Friday, December 29, 2017