Notice of Expiry of Finding Concerning Fresh Garli
19 May 2001
Notice of Expiry of Finding Concerning Fresh Garlic
The Canadian International Trade Tribunal (the Tribunal) hereby gives notice, pursuant to subsection 76.03(2) of the Special Import Measures Act (SIMA), that its finding made on March 21, 1997, in Inquiry No. NQ-96-002, concerning fresh garlic originating in or exported from the People's Republic of China, is scheduled to expire on March 20, 2002. Under SIMA, 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.
Persons or governments requesting or opposing the initiation of an expiry review of the said finding should file 20 copies of written public submissions containing relevant information, opinions and arguments, with the Secretary of the Tribunal not later than June 12, 2001. 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 were 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 finding were 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 no later than June 20, 2001. 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 July 9, 2001, 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 finding will expire on its expiry date.
-- If the Tribunal decides that a review is not warranted, the finding will expire on its expiry date. The Tribunal will issue its reasons no 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.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 Commissioner of the Canada Customs and Revenue Agency (the Commissioner) first determines whether the expiry of the order or finding is likely to result in the continuation or resumpti