Expiry No. LE-2002-001
28 June 2002
Expiry No. LE-2002-001
NOTICE OF EXPIRY OF FINDING CONCERNING CERTAIN PREPARED BABY FOODS
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 April 29, 1998, in Inquiry No. NQ-97-002, concerning prepared baby foods, containing finely homogenized vegetables, fruit and/or meat which may include some visible pieces of not more than 6.5 mm in size, and strained juice, put up for retail sale as food and beverages for infants of ages 4 to 18 months, in containers of a net volume not exceeding 250 ml, excluding organic baby food and frozen baby food preparations, originating in or exported from the United States of America, is scheduled to expire on April 28, 2003. 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 July 23, 2002. 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 relating to whether or not an expiry review should be initiated, 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.
Although there is a public interest recommendation and a duty-reduction remission order in place for this product, the purpose of an expiry review is to determine whether a finding should be continued or allowed to expire. SIMA does not contemplate that matters of public interest regarding the application of dumping duties be considered by the Tribunal when deciding whether or not to initiate the expiry review. Consequently, the Tribunal will not entertain submissions on matters of public interest in these proceedings.
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 not later than August 1, 2002. 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 August 19, 2002, on whether an expiry review is warranted based on the submissions and representations received and the responses to