Expiry No. LE-2002-003
20 January 2003
Expiry No. LE-2002-003
NOTICE OF EXPIRY OF ORDER CONCERNING PREFORMED FIBREGLASS PIPE INSULATION
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 order made on November 18, 1998, in Review No. RR-98-001, continuing, without amendment, its finding made on November 19, 1993, in Inquiry No. NQ-93-002, concerning preformed fibreglass pipe insulation with a vapour barrier originating in or exported from the United States of America, is scheduled to expire on November 17, 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 order should file 20 copies of written public submissions containing relevant information, opinions and arguments, with the Secretary of the Tribunal not later than February 11, 2003. 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 order 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, including changes in ownership of any of the parties.
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 noon on February 20, 2003. 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 March 10, 2003, 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 order will expire on its expiry date.
· If the Tribunal decides that a review is not warranted, the order will expire on its expiry date.
The Tribunal will issue its reasons not 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-tcce.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 co