Posted by Editor on 02/10/07
CITT Issues Notice of Expiry of Order on Bicycle Frames Duties
The Canadian International Trade Tribunal (CITT) issued notice on February 6th that the current duties on frames and bicycles originating in or exported from Chinese Taipei (formerly designated as Taiwan) and the People's Republic of China, is scheduled to expire on December 8, 2007. Under SIMA (Special Import Measures Act), 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. An expiry review will not be initiated unless the Tribunal decides that there is sufficient information to indicate that it is warranted.
The current measures were instituted December 11, 1992, and have been renewed twice (1997 and 2002). If they are renewed again, it would mean an unprecedented 20 years of duties. The full Notice of Expiry of Order can be found at http://www.citt-tcce.gc.ca/dumping/Expiries/Notices/le2g002_e.asp.
At this time, the CITT is asking for submissions from individuals, organizations, companies and governments on whether or not to hold a review of the current duties, or whether to let the Order expire on December 8th of this year. Directions for submitting comments on the holding of an expiry review are as follows:
Persons or governments requesting or opposing the initiation of an expiry review of the said order should file 20 copies of written public submissions containing relevant information, opinions and arguments, with the Secretary of the Tribunal not later than March 2, 2007. Persons or governments should endeavour to base their submissions exclusively 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 should address all relevant factors, including:
* the likelihood of continued or resumed dumping of the goods;
* the likely volume and price ranges of dumped imports if dumping was to continue or resume;
* the domestic industry's recent performance, including trends in production, sales, market share and profits;
* the likelihood of injury to the domestic industry if the order was allowed to expire, having regard to the anticipated effects of a continuation or resumption of dumped 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 person or government 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 persons or governments. In these circumstances, the Tribunal will distribute copies of the public submissions to each person or government that filed a submission with the Tribunal. Persons or governments wishing to respond to the submissions must do so not later than March 12, 2007. If confidential submissions have been filed, the Secretary will notify persons or governments and instruct them on how they may access these submissions through qualified counsel.
The Tribunal will issue a decision on March 28, 2007, on whether an expiry review is warranted based on the submissions and representations received and the responses to them.
* If there is no request for a review, the Tribunal will not initiate a review and the order will expire on its expiry date.
* If the Tribunal decides that a review is not warranted, the order will expire on its expiry date. The Tribunal will issue its reasons not later than 15 days after its decision.
* If the Tribunal decides to initiate a review, it will issue a notice of expiry review.
The Tribunal's Draft Guideline on Expiry Reviews can be found on its Web site at www.citt-tcce.gc.ca. In addition to providing more detailed information on the proceeding whereby the Tribunal determines if an expiry review is warranted, the draft guideline explains 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 inquiry to determine if the continued or resumed dumping or subsidizing is likely to result in injury or retardation. The Tribunal's notice of expiry review will provide more information on the expiry review process.
Written submissions, correspondence and requests for information regarding this notice should be addressed to:
Canadian International Trade Tribunal
Standard Life Centre
333 Laurier Avenue West
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