Preliminary Injury Inquiry No.: PI-2000-002
NOTICE OF COMMENCEMENT OF PRELIMINARY INJURY INQUIRY
GARLIC
Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on October 31, 2000, from the Acting Director General of the Anti-dumping and Countervailing Directorate at the Canada Customs and Revenue Agency (CCRA) stating that the Commissioner of the CCRA had initiated an investigation into a complaint respecting the alleged injurious dumping in Canada of garlic, fresh or frozen, originating in or exported from the People’s Republic of China and Vietnam, excluding fresh garlic subject to the finding made in the Canadian International Trade Tribunal Inquiry No. NQ-96-002.
Pursuant to subsection 34(2) of the Special Import Measures Act (SIMA), the Tribunal has initiated a preliminary injury inquiry to determine whether the evidence discloses a reasonable indication that the dumping of the subject goods has caused material injury or retardation or is threatening to cause material injury, as these words are defined in SIMA.
The Tribunal’s inquiry will be conducted by way of written submissions. Each person or government wishing to participate in the inquiry must file a notice of participation with the Secretary on or before November 15, 2000. Each counsel who intends to represent a party in the inquiry must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before November 15, 2000.
On November 21, 2000, the Tribunal will distribute the public information received from the Commissioner to all parties that filed notices of participation, and the confidential information to counsel who filed a declaration and undertaking with the Tribunal.
Submissions by parties opposed to the complaint must be filed on or before November 30, 2000. These submissions should include evidence, e.g. documents and sources which support the factual statements in the submissions, and argument concerning the questions of:
Ø whether there are goods produced in Canada, other than those identified in the Commissioner’s statement of reasons for initiating the investigation, that are like goods to the allegedly dumped or subsidized goods;
Ø whether there is more than one class of allegedly dumped or subsidized goods;
Ø which domestic producers of like goods comprise the domestic industry; and
Ø whether the information before the Tribunal discloses a reasonable indication that the alleged dumping or subsidizing of the goods has caused material injury or retardation, or threatens to cause material injury.
The complainant may make submissions in response to the submissions of parties opposed to the complaint by December 8, 2000. At that time, other parties supporting the complaint may also make submissions to the Tribunal.
Under 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 submit to the Tribunal, at the time the information is provided, a statement designating the information as confidential, together with an explanation as to why that information is designated as confidential. Furthermore, the person must submit a non-confidential summary of the information designated as confidential or a statement indicating why such a summary cannot be made. (See Procedural Guidelines for Designation and Use of Confidential Information in Canadian International Trade Tribunal Proceedings available on the Tribunal’s Web site at www.citt.gc.ca.)
The Canadian International Trade Tribunal Rules govern these proceedings.
All submissions must be filed with the Tribunal in 20 copies. The Tribunal will distribute the public submissions to all parties that filed notices of participation and any confidential submissions to counsel who have filed a declaration and undertaking.
Along with the notice of commencement of preliminary injury inquiry, the Secretary has sent a letter to the domestic producers, to importers and to exporters with a known interest in the inquiry which provides details on the procedures and the schedule for the inquiry. The notice and the schedule of events consisting of key dates are available from the Tribunal’s Web site, which can be found at www.citt.gc.ca.
Written submissions, correspondence or requests for information regarding this inquiry should be addressed to:
The SecretaryWritten and oral presentations to the Tribunal may be made in English or in French.
Michel P. Granger
Secretary
Dated at Ottawa, Ontario
this 1st day of November 2000
PRELIMINARY INJURY INQUIRY SCHEDULE
Preliminary Injury Inquiry No.:
PI-2000-002
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November 1, 2000 |
Notice of commencement of preliminary injury inquiry |
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November 15, 2000 |
Notices of participation and representation, declarations and undertakings |
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November 21, 2000 |
Distribution of documents received from the Commissioner of the Canada Customs and Revenue Agency |
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November 30, 2000 |
Submissions by parties opposed to the complaint |
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December 8, 2000 |
Replies from the complainant and those in support of the complaint |
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December 29, 2000 |
Determination |
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January 12, 2001 |
Reasons for determination |