RR-2002-005, Certain Waterproof Rubber Footwear

February 11, 2002

11 February 2002

RR-2002-005, Certain Waterproof Rubber Footwear

NOTICE OF EXPIRY REVIEW OF ORDER CONCERNING CERTAIN WATERPROOF RUBBER FOOTWEAR

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that it will, pursuant to subsection 76.03(3) of the Special Import Measures Act (SIMA), initiate an expiry review of its order made on October 20, 1997, in Review No. RR-97-001, continuing, with amendment, its order made on October 21, 1992, in Review No. RR-92-001, continuing, without amendment, the finding made by the Canadian Import Tribunal on October 22, 1987, in Review No. R-7-87, continuing, without amendment, the finding made by the Anti-dumping Tribunal on May 25, 1979, in Inquiry No. ADT-4-79, and the finding made by the Anti-dumping Tribunal on April 23, 1982, in Inquiry No. ADT-2-82, concerning certain waterproof rubber footwear originating in or exported from the People's Republic of China.

Notice of Expiry No. LE-2001-005, issued on December 19, 2001, informed interested persons and governments of the impending expiry of the order. On the basis of available information, including representations requesting or opposing the initiation of an expiry review and responses to these representations received by the Tribunal in reply to the notice, the Tribunal is of the opinion that a review of the order is warranted. The Tribunal has notified the Commissioner of the Canada Customs and Revenue Agency (the Commissioner), as well as other interested persons and governments, of its decision.

The Tribunal has issued a Draft Guideline on Expiry Reviews that can be found on the Tribunal's Web site at www.citt-tcce.gc.ca. In this expiry review, the Commissioner must determine whether the expiry of the order in respect of certain waterproof rubber footwear is likely to result in the continuation or resumption of dumping of the goods.

If the Commissioner determines that the expiry of the order in respect of any goods is likely to result in the continuation or resumption of dumping, the Commissioner will provide the Tribunal with the information that is required under the Canadian International Trade Tribunal Rules. The Tribunal will then conduct an inquiry to determine if the continued or resumed dumping is likely to result in material injury or retardation to the domestic industry.

If the Commissioner determines that the expiry of the order in respect of any goods is unlikely to result in the continuation or resumption of dumping, the Tribunal will not consider those goods in its subsequent determination of the likelihood of material injury or retardation and will issue an order rescinding the order with respect to those goods.

The Commissioner must provide notice of his determination, with reasons, within 120 days after receiving notice of the Tribunal's decision to initiate an expiry review, that is, no later than June 7, 2002. The Commissioner will also notify all persons or governments that were notified by the Tribunal of the commencement of an expiry review, as well as any others that participated in the Commissioner's investigation.

Letters have been sent to parties with a known interest in the expiry review providing them with the schedule respecting both the Commissioner's investigation and the Tribunal's inquiry, should the Commissioner determine that the expiry of the order in respect of any goods is likely to result in a continuation or resumption of dumping.

COMMISSIONER'S INVESTIGATION

The Commissioner will conduct his investigation pursuant to the provisions of SIMA and the administrative guidelines set forth in the Anti-dumping and Countervailing Directorate's publication entitled Guidelines on the Conduct of Expiry Review Investigations under the Special Import Measures Act. Any information submitted to the Commissioner by interested persons concerning this investigation is deemed to be public information unless clearly designated as confidential. Where the submission is confidential, a non-confidential edited version or summary of the submission must also

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