16 November 2005

Grain Corn
Preliminary Injury Inquiry No. PI-2005-001

IN THE MATTER OF a preliminary injury inquiry, under subsection 34(2) of the Special Import Measures Act, respecting:

THE DUMPING AND SUBSIDIZING OF GRAIN CORN ORIGINATING IN OR EXPORTED FROM
THE UNITED STATES OF AMERICA

PRELIMINARY DETERMINATION OF INJURY WITH RESPECT TO UNPROCESSED GRAIN CORN AND TERMINATION OF THE PRELIMINARY INJURY INQUIRY WITH RESPECT TO
PROCESSED GRAIN CORN

The Canadian International Trade Tribunal, under the provisions of subsection 34(2) of the Special Import Measures Act, has conducted a preliminary injury inquiry into whether the evidence discloses a reasonable indication that the dumping and subsidizing of grain corn in all forms, excluding seed corn (used for reproductive purposes), sweet corn and popping corn, originating in or exported from the United States of America, have caused injury or retardation or are threatening to cause injury to the domestic industry.

This preliminary injury inquiry is pursuant to the notification, on September 16, 2005, that the President of the Canada Border Services Agency had initiated an investigation into the alleged injurious dumping and subsidizing of the above-mentioned goods.

The Canadian International Trade Tribunal finds that unprocessed grain corn constitutes a class of goods separate from processed grain corn.

Unprocessed grain corn includes whole kernel grain corn and grain corn which has been milled to a limited degree, such that the milled grain corn, regardless of its physical form, preserves all the constituent parts of whole kernel grain corn and is chemically identical to whole kernel grain corn.

The processed grain corn subject to this preliminary injury inquiry, in contrast, results from dry milling operations that separate or remove constituent parts of the whole kernel grain corn, such as the bran layer or pericarp, germ, tip cap or endosperm.

Pursuant to paragraph 35(1)(b) of the Special Import Measures Act, the Canadian International Trade Tribunal hereby concludes that the evidence does not disclose a reasonable indication that the dumping and subsidizing of processed grain corn have caused injury or retardation or are threatening to cause injury to the domestic industry. Therefore, pursuant to paragraph 35(3)(a) of the Special Import Measures Act, the Canadian International Trade Tribunal hereby terminates the preliminary injury inquiry with respect to processed grain corn.

Pursuant to subsection 37.1(1) of the Special Import Measures Act, the Canadian International Trade Tribunal hereby determines that there is evidence that discloses a reasonable indication that the dumping and subsidizing of unprocessed grain corn have caused injury to the domestic industry.

This Inquiry is available on the CITT web site, at:

http://www.citt-tcce.gc.ca/dumping/preinq/determin/pi2f001_e.asp

• http://www.citt-tcce.gc.ca/dumping/preinq/determin/pi2f001_e.asp