Review No. TA-2002-001A

March 19, 2003

19 March 2003

Review No. TA-2002-001A

The CITT has decided to reconsider the recommendation it made to the Minister of Finance on 24 October 2002 in Review No. TA-2002-001, for the continuation of tariff relief on certain textile products imported by Shan. The CITT will reconsider the recommendation only as it relates to the new evidence provided by Shan on its imports of textile products. A notice of reconsideration of recommendation will be published in the 29 March 2003 edition of the Canada Gazette, Part I.

In its report to the Minister, the Tribunal specified that the proper mechanism to implement this recommendation was to allow Shan, and other qualified designers of swimwear, to claim tariff relief under the Designer Remission Order, 2001, modified as appropriate to include women’s swimsuits, “co-ordinated beachwear” and “co-ordinated accessories”.

On 2 December 2002 the CITT received a request from Shan to have the Tribunal reconsider its recommendation. Shan submitted that the Tribunal should: (a) disregard the evidence that Shan had originally submitted to the Tribunal in response to the Requester’s Questionnaire and use instead for its economic analysis the much lower value import data that it subsequently submitted with its request for reconsideration; and (b) accept Shan’s rebuttal evidence regarding the submissions filed by domestic suppliers about their ability to supply Shan. In making its recommendation to the Minister, the Tribunal relied on import data that had been provided by Shan covering the period from November 1, 2001 to 31 October 2002. These data were reported in the Tribunal’s protected staff investigation report, a copy of which was provided to counsel for Shan during the review investigation. No comments were made by Shan on these data at that time.

Following its request for reconsideration, at the Tribunal’s request, Shan submitted on 11 February 2003, additional information with supporting documents concerning its imports of certain textile products for the period from 1 November 2001 to 31 October 2002. In this regard, the average value of some of its imports was significantly lower than that provided during the review investigation. While Shan must bear the responsibility for having provided the wrong information, the Tribunal has, nonetheless, decided to reconsider its recommendation to the Minister of Finance, but only as it relates to the new evidence provided by Shan on its imports of textile products. The Tribunal will conduct the review in accordance with section 19 of the CITT Act and by way of written submissions.

The Tribunal will distribute to parties that filed notices of appearance with the Tribunal in Review No. TA-2002-001 the public information received by Shan, as well as a Tribunal staff investigation report. The confidential information provided by Shan, as well as the protected version of the Tribunal’s staff investigation report, will be distributed to counsel who have filed a declaration and undertaking with the Tribunal. Upon distribution of these documents, the CITT will provide instructions to parties with respect to the time and manner for filing submissions. Parties will have ten days to file their submissions and a further five days to file replies. The Tribunal will subsequently issue its recommendation.

Information that is confidential in nature will be treated in accordance with sections 43 to 49 of the CITT Act, which require that it shall not be made public in such a manner as to be available for the use of any business competitor or rival of the reporting person, firm or corporation. Access to confidential information will be granted to qualified counsel for a party to the proceedings pursuant to subsection 45(3) of the CITT Act.

Submissions to the Tribunal may be written in English or French. All correspondence should be addressed to:

The Secretary
Canadian International Trade Tribunal
Standard Life Centre
333 Laurier Avenue West, 15th Floor
Ottawa, ON K1A 0G7
Telephone: 613-993-3595
Fax: 613-990-2439


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