Canada Border Services Agency
Symbol of the Government of Canada

ARCHIVED - Notice of Conclusion of Re-investigation

Warning This page has been archived.

Archived Content

Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.

File #: 4237-53
Case #: AD/0689

Whole Potatoes originating in or exported from the United States of America, for use or consumption in the province of British Columbia

Ottawa, September 25, 2009

On September 25, 2009, the Canada Border Services Agency (CBSA) concluded its re-investigation of the normal values of whole potatoes, excluding seed potatoes, red potatoes, yellow potatoes and the exotic potato varieties, regardless of packaging, and white and russet potatoes imported in 50-lb. cartons in the following count sizes: 40, 50, 60, 70 and 80, and excluding imports during the period from May 1 to July 31, inclusive, of each calendar year, originating in or exported from the United States of America, for use or consumption in the province of British Columbia.

This re-investigation was initiated on May 4, 2009 as part of the CBSA's enforcement of the Canadian International Trade Tribunal findings of June 4, 1984 and April 18, 1986, respecting the subject goods, which were continued in 1990, 1995, 2000 and 2005.

The subject goods are usually classified under the following Harmonized System classification numbers: 0701.90.00.10 and 0701.90.00.20.

At the initiation of the re-investigation, the CBSA sent a Request for Information (RFI) to a representative sample of exporters to obtain cost and selling price information with regard to the 2007/2008 crop year. All other known exporters were advised that should their company wish to participate, they should contact the CBSA directly for a copy of the RFI.

None of the exporters contacted provided a response to the RFI and accordingly, revised normal values were determined by means of a Ministerial Specification. These values were based on the total costs and expenses associated with growing and harvesting potatoes, using published cost data plus an amount for profit and an estimated amount for packing charges which includes costs and expenses related to packing and selling the goods.

New normal values determined as a result of this re-investigation are applicable to subject goods released from the CBSA on and after September 25, 2009.

Export Prices will continue to be determined on a weekly basis based on the preponderant selling prices reported in the National Potato and Onion Report (Market News) published by the United States Department of Agriculture. Further, the Margin of Dumping Report will continue to be prepared by the CBSA and sent to all concerned parties on a weekly basis throughout the applicable enforcement period.

Importers are reminded that it is their responsibility to calculate and declare their anti-dumping duty liability. If importers are using the services of a customs broker to clear importations, the brokerage firm should be advised that the goods are subject to anti-dumping measures.

The Customs Act applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti-dumping duties. As such, failure to pay duties within the prescribed time will result in the application of the interest provisions of the Act.

Should the importer disagree with the determination made on any importation of goods, a request for re-determination may be filed with the Director General, Anti-dumping and Countervailing Program, Ottawa, ON K1A 0L8. Such a request must be received within 90 days from the making of the determination, in the form and manner outlined in Memorandum D14-1-3, Procedures for Making a Request for a Re-determination (an Appeal) of Goods Under the Special Import Measures Act.

Any questions regarding this notice should be directed to:

Canada Border Services Agency
Anti-dumping and Countervailing Program
SIMA Registry and Disclosure Unit
100 Metcalfe Street, 11th Floor
Ottawa, Ontario K1A 0L8

Web site:
General e-mail:
Fax: 613-948-4844

Officers' names and contact information:

Mary Donais      613-952-9025
Ron McTiernan   613-954-7271