Cross-Linked Polyethylene Tubing ...
2 June 2006
Cross-Linked Polyethylene Tubing, Inquiry No. NQ-2006-001
NOTICE OF COMMENCEMENT OF INQUIRY
Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on June 1, 2006, from the Acting Director General of the Trade Programs Directorate at the Canada Border Services Agency, stating that a preliminary determination had been made respecting the dumping of single or multilayer cross-linked polyethylene tubing in nominal tubing sizes up to and including 1 inch or the metric equivalent, excluding cross-linked polyethylene tubing with an oxygen barrier layer, originating in or exported from the United States of America.
Pursuant to section 42 of the Special Import Measures Act (SIMA), the Tribunal has initiated an inquiry to determine whether the dumping of the above-mentioned goods has caused injury or retardation or is threatening to cause injury, and to determine such other matters as the Tribunal is required to determine under that section.
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.
PUBLIC HEARING
A public hearing relating to this inquiry will be held in the Tribunal Hearing Room, 18th Floor, Standard Life Centre, 333 Laurier Avenue West, Ottawa, Ontario, commencing the 29th day of August 2006, at 9:30 a.m. Each person or government wishing to participate in the inquiry and at the hearing as a party must file a notice of participation with the Secretary on or before June 16, 2006. Each counsel who intends to represent a party in the inquiry and at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before June 16, 2006.
To allow the Tribunal to determine whether simultaneous interpretation will be required for the hearing, each interested party and each counsel filing a notice of participation or representation must advise the Secretary, at the same time that they file the notice, whether they and their witnesses will be using French or English or both languages at the hearing.
In the event of an injury finding, a request for a public interest inquiry conducted pursuant to subsection 45(1) of SIMA may be made by any party to the injury inquiry or by any other group or person affected by the injury finding. Such a request must be filed with the Tribunal within 45 days of the injury finding. A public interest inquiry is completely separate from an injury inquiry. However, the Tribunal invites all persons who anticipate that they will have public interest concerns in the event of an injury finding to simply notify the Tribunal by June 16, 2006. The Tribunal is not seeking and does not expect submissions on public interest issues during the injury inquiry.
The Canadian International Trade Tribunal Rules govern these proceedings. In order to observe and understand production processes, the Tribunal, accompanied by its staff, may conduct plant visits.
Along with the notice of commencement of inquiry, the Secretary has sent a letter to the domestic producers, importers, foreign producers and certain purchasers with a known interest in the inquiry providing details on the procedures, as well as the schedule for the inquiry. The letter specifies, among other things, the date for filing replies to Tribunal questionnaires, the date on which the information on record will be made available by the Tribunal to interested parties and counsel that have filed notices of participation or representation, and the dates for the filing of submissions by interested