Expiry Review No. RR-2004-005
18 November 2004
Expiry Review No. RR-2004-005 Certain Dishwashers and Dryers
NOTICE OF EXPIRY REVIEW OF FINDING
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 finding made on August 1, 2000, in Inquiry No. NQ-2000-001, as amended on March 19, 2003, in Interim Review No. RD-2002-005, concerning certain electric household dishwashers and gas or electric laundry dryers originating in or exported from the United States of America and produced by, or on behalf of, White Consolidated Industries, Inc. and Whirlpool Corporation, their respective affiliates, successors and assigns.
Notice of Expiry No. LE-2004-006, issued on September 28, 2004, informed interested persons and governments of the impending expiry of the finding.
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 finding is warranted. The Tribunal has notified the Canada Border Services Agency (CBSA), 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 CBSA must determine whether the expiry of the finding in respect of certain dishwashers and dryers is likely to result in the continuation or resumption of dumping of the goods.
If the CBSA determines that the expiry of the finding in respect of any goods is likely to result in the continuation or resumption of dumping, the CBSA 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 injury or retardation.
If the CBSA determines that the expiry of the finding 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 injury or retardation and will issue an order rescinding the finding with respect to those goods.
The CBSA must provide notice of its determination within 120 days after receiving notice of the Tribunal's decision to initiate an expiry review, that is, no later than March 17, 2005. The CBSA 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 CBSA's investigation.
Letters have been sent to parties with a known interest in the expiry review providing them with the schedule respecting both the CBSA's investigation and the Tribunal's inquiry, should the CBSA determine that the expiry of the finding in respect of any goods is likely to result in a continuation or resumption of dumping.
THE CBSA'S INVESTIGATION
The CBSA will conduct its 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 CBSA 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 be provided which will be disclosed to interested parties upon request.
With respect to the CBSA's investigation, the schedule specifies, among other things, the date for the filing of replies to the expiry review questionnaires, the date on which the CBSA exhibits will be available to parties to the proceeding, the date on which the administrative record will be c