Preliminary Injury Inquiry No. PI-2001-002
14 November 2001
Preliminary Injury Inquiry No. PI-2001-002
Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on November 9, 2001, from the 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 of fresh tomatoes, originating in or exported from the United States of America, excluding tomatoes for processing.
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 23, 2001. 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 23, 2001.
On November 28, 2001, the Tribunal will distribute the public information received from the Commissioner 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.
Submissions by parties opposed to the complaint must be filed on or before December 7, 2001. 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 Commissioner's statement of reasons for initiating the investigation, that are like goods to the allegedly dumped goods;
— whether there is more than one class of allegedly dumped 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 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 17, 2001. 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-tcce.gc.ca.)
The Canadian International Trade Tribunal Rules govern these proceedings.
All submissions must be filed with the Tribunal in 25 copies. The Tribunal will distribute the public submissions to all parties that have 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 that provides details on the procedures and the schedule for the inquiry. The notice and the schedule of events consisting of key dates a