Preliminary Injury Inquiry No. PI-2004-001
15 April 2004
Preliminary Injury Inquiry No. PI-2004-001
NOTICE OF COMMENCEMENT OF PRELIMINARY INJURY INQUIRY
Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on April 13, 2004, from the Director General of the Anti-dumping and Countervailing Directorate at the Canada Border Services Agency (formerly the Canada Customs and Revenue Agency) stating that the President of the Canada Border Services Agency (the President) had initiated an investigation into a complaint respecting the alleged injurious dumping and subsidizing of self-standing barbeques for outdoor use, consisting of metal lid, base and frame, fuelled by either propane or natural gas, with primary cooking space between 200 and 550 square inches (500 and 1,375 square centimetres), in assembled or knocked-down condition, originating in or exported from the Peoples' Republic of China.
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 and subsidizing of the subject goods have caused injury or retardation or are threatening to cause 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 April 28, 2004. 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 April 28, 2004.
On May 5, 2004, the Tribunal will distribute the public information received from the President 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 May 13, 2004. 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 President's statement of reasons for initiating the investigation, that are like goods to the allegedly dumped and subsidized goods;
· whether there is more than one class of allegedly dumped and subsidized 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 and subsidizing of the goods have caused injury or retardation, or threaten to cause injury.
The complainant may make submissions in response to the submissions of parties opposed to the complaint by May 20, 2004. 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 the 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 declara