Garlic -- Expiry Review No. RR-2005-001

January 25, 2006

25 January 2006

Garlic -- Expiry Review No. RR-2005-001

NOTICE OF DETERMINATION

On August 26, 2005, the Canadian International Trade Tribunal (the Tribunal) issued a notice of expiry review to all parties advising them that it would initiate an expiry review, under section 76.03 of the Special Import Measures Act (SIMA), respecting:

· its finding made on May 2, 2001, in Inquiry No. NQ-2000-006, concerning garlic, fresh or frozen, originating in or exported from the People's Republic of China (China) and Vietnam, excluding fresh garlic subject to the finding made in Inquiry No. NQ-96-002; and

· its order made on March 20, 2002, in Expiry Review No. RR-2001-001, continuing without amendment, its finding made on March 21, 1997, in Inquiry No. NQ-96-002, concerning fresh garlic originating in or exported from China, imported into Canada from July 1 to December 31, inclusive, of each calendar year.

On December 22, 2005, the President of the Canada Border Services Agency (CBSA) determined that, pursuant to subsection 76.03(7) of SIMA, the expiry of the finding and order was likely to result in the continuation or resumption of dumping of the subject goods.

The Tribunal's notice of expiry review gave interested parties until January 3, 2006, to file notices of participation in the expiry review.

The notice also gave domestic growers until January 6, 2006, to reply to Part E of the domestic growers' expiry review questionnaire. As of January 25, 2006, the Tribunal has received no responses to the questionnaire and no notices of participation. In addition, the CBSA received no questionnaire responses from domestic growers, importers or foreign producers.

In view of the fact that there are no parties participating in the process and that no information has been filed on the factors to be considered by the Tribunal in an expiry review, it is not possible for the Tribunal to make a determination that a continuation or resumption of dumping will likely cause material injury to the domestic industry. Therefore, the Tribunal hereby determines, pursuant to subsection 76.03(10) of SIMA, that the expiry of the finding and order is unlikely to result in injury. The public hearing scheduled for March 13, 2006, is cancelled.

The Tribunal will issue orders, with reasons, rescinding the finding and order when they expire on May 1, 2006, and March 19, 2007, respectively.

This Notice is available on the CITT web site, at:

http://www.citt-tcce.gc.ca/dumping/reviews/notices/rr2f01a_e.asp


Topic(s): 
Acts, Regulations, Policies & Decisions / Special Import Measures Act (SIMA)
Information Source: 
Canadian International Trade Tribunal (CITT)
Document Type: 
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