DWP 2019 RI
Certain Dry Wheat Pasta
Notice of Re-investigation
Ottawa, November 27, 2019
The Canada Border Services Agency (CBSA) announced today that it has initiated a Re-investigation, in accordance with the Special Import Measures Act (SIMA), of the normal values, export prices and amounts of subsidy respecting certain dry wheat pasta originating in or exported from Turkey.
The re-investigation is part of the ongoing enforcement of the Canadian International Trade Tribunal’s (CITT) finding of material injury issued on July 26, 2018.
The product definition and the applicable tariff classification numbers of the goods subject to the CITT finding are contained in Appendix 1 (subject goods).
It is anticipated that this re-investigation will be concluded by May 7, 2020. A re-investigation schedule is available at: www.cbsa-asfc.gc.ca/sima-lmsi/ri-re/menu-eng.html.
Normal values and amounts of subsidy established during this re-investigation will be effective for the subject goods released from the CBSA on or after the date of the conclusion of the re-investigation. Normal values and amounts of subsidy currently in place will expire on that date. In addition, the normal values and amounts of subsidy determined on the basis of the re-investigation will be applied to any entries of subject goods under appeal that have yet to be re-determined at the time of the conclusion of this re-investigation.
Exporters that wish to participate in this re-investigation are required to provide a complete and accurate response to the CBSA’s Request for Information (RFI) by January 17, 2020. An exporter will be considered co-operative if the requested information is submitted on time and the exporter permits verification of the data.
Where an exporter of subject goods does not provide sufficient information to determine specific normal values or does not permit verification of information submitted, anti-dumping duties will be assessed at the rate of 99.9% of the export price of the subject goods imported into Canada, in accordance with a ministerial specification pursuant to section 29 of SIMA.
Similarly, in cases where the Government of Turkey or exporters in Turkey fail to provide complete and accurate submissions enabling the determination of specific amounts of subsidy, countervailing duties will be assessed at the rate of 0.09 TL/kg, in accordance with a ministerial specification pursuant to subsection 30.4(2) of SIMA.
Exporters that are not the manufacturer of the subject goods (e.g. trading companies, vendors, etc.) will receive normal values and specific amounts of subsidy only to the extent that their suppliers/manufacturers provide sufficient information to permit the determination of normal values, export prices and amounts of subsidy.
Please note that, for the current re-investigation, the CBSA is contacting all known and potential exporters. Any importers or exporters who wish to provide a response to the RFI are advised to contact one of the officers identified below to obtain a copy of the RFI. It is suggested that importers contact their exporter(s) to determine if the exporter(s) intend to cooperate with the CBSA in this re-investigation.
Responses to the Importer RFI are due by December 18, 2019. Importers are cautioned that new normal values and amounts of subsidy, when issued, may be higher than those currently in effect and that this could result in additional assessments of anti-dumping and countervailing duties. Importers are also cautioned that unless an exporter co-operates in this re-investigation and receives specific normal values and amounts of subsidy at its conclusion, subsequent imports of subject goods from that exporter will be assessed anti-dumping and countervailing duties based on the ministerial specifications indicated above.
Please note that exporters with normal values are required to promptly inform the CBSA in writing of changes to domestic prices, costs, market conditions or terms and channel of sale associated with the production and sales of the goods. All parties are cautioned that where there are increases in domestic prices and/or costs as noted above, the export price for sales to Canada should be increased accordingly to ensure that any sale made to Canada is not only above the normal value but at or above selling prices and full costs and profit of the goods in the exporter’s domestic market. If exporters did not properly notify the CBSA of any such changes, did not adjust export prices accordingly, or did not provide the information required to make any necessary adjustments to normal values and export prices, retroactive assessments of anti-dumping duties may be warranted.
The closing of the record for parties will be at noon on April 7, 2020. Case arguments and reply submissions from parties shall be filed by noon, on April 14, 2020, and April 21, 2020, respectively.
Any questions concerning the above should be directed to:
SIMA Registry and Disclosure Unit
Trade and Anti-dumping Programs Directorate
Canada Border Services Agency
100 Metcalfe Street, 11th floor
Ottawa, ON K1A 0L8
Officers' names and contact information:
- Kevin Lambertsen: 613-954-7341
- Ansa Mohammad: 613-960-6096
The subject goods are defined as:
All dry wheat-based pasta, not stuffed or otherwise prepared, and not containing more than two percent eggs, whether or not enriched, fortified, organic, whole wheat or containing milk or other ingredients, originating in or exported from the Republic of Turkey, excluding refrigerated, frozen or canned pasta.
Tariff Classification Numbers
The subject goods are normally classified under the following tariff classification numbers:
This listing of tariff classification numbers is for convenience of reference only. Refer to the product definition for authoritative details regarding the subject goods.
- Date modified: