SUG 2021 RI: Refined sugar
Notice of initiation of re-investigation

Ottawa,

The Canada Border Services Agency (CBSA) has today initiated a re‑investigation of the normal values and export prices of refined sugar, refined from sugar cane or sugar beets, in granulated, liquid and powdered form (refined sugar), originating in or exported from the United States, Denmark, Germany, the Netherlands and the United Kingdom and amounts of subsidy of refined sugar originating in or exported from the European Union.

The re‑investigation is part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s (CITT) order issued on . The product definition and the applicable tariff classification numbers of the goods subject to the CITT’s order are contained in Appendix 1.

The re‑investigation schedule is now available.

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.

The European Commission will have the opportunity to submit information for the purpose of updating the amounts of subsidy for the goods in question.

The CBSA intends to conduct the subsidy re‑investigation on an aggregate basis, which will result in a single amount of subsidy for the European Union. In the event that sufficient information is provided to the CBSA, amounts of subsidy could potentially be established for individual member states. However, if any exporters/producers believe they should be given the opportunity to provide company‑specific information, the CBSA will provide an opportunity during the course of the 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 . 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 180% of the export price of the subject goods imported into Canada, in accordance with a ministerial specification pursuant to section 29 of the Special Import Measures Act (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 . 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.

Any questions concerning the above should be directed to:

SIMA Registry and Disclosure Unit
Trade and Anti-dumping Programs Directorate
Canada Border Services Agency
11-100 Metcalfe St
Ottawa ON  K1A 0L8

Officer’s names and contact information:

Email: simaregistry-depotlmsi@cbsa-asfc.gc.ca

Appendix 1: product definition

The subject goods are defined as:

Refined sugar, refined from sugar cane or sugar beets, in granulated, liquid, and powdered form. Refined sugar is sold as white granulated, liquid and specialty sugars. Granulated sugar comes in a range of grain fractions (e.g., medium, fine, and extra fine). Liquid sugar includes invert sugar. Specialty sugars include soft yellow sugar, brown sugar, icing sugar, demerara sugar and others and may be sold in granulated, liquid, or powdered form.

Exclusions as of

  1. Co‑crystallized products ‑ For greater clarity, these products are comprised of sugar syrups or liquid sucrose blends and one or more non‑sucrose ingredients combined through a co‑crystallization process to form a dry solid structure in granulated or powder form
  2. Pearl sugar ‑ For greater clarity, pearl sugar is hard granulated sugar, pellet‑formed by subjecting sugar syrup to intense heat. The pellet, which is the size of a pea, is shaped like a football. It is coarser than coarse sugar, i.e. confectioners' sugar
  3. Bottler's floc‑free beet sugar ‑ Imported by McNeil Consumer Products Company for use in pharmaceutical preparations
  4. Lyle's Golden Syrup ‑ Produced by Tate & Lyle PLC
  5. Lyle's Pouring Syrup ‑ Produced by Tate & Lyle PLC
  6. Daddy brand wrapped sugar dominoes in 1‑kg boxes ‑ For greater clarity, these are sugar cubes which are wrapped in illustrated paper wrappings, each of which contains two sugar cubes
  7. Daddy brand wrapped sugar cubes in 5‑kg boxes containing 960 portions ‑ For greater clarity, each portion contains two sugar cubes which are wrapped in illustrated paper wrappings
  8. Saint Louis brand pre‑cut brown cane sugar lumps in 1‑kg boxes ‑ For greater clarity, these are rough‑shaped sugar lumps comprised of brown cane sugar
  9. Daddy brand shaped white sugar pieces in 500‑g boxes ‑ For greater clarity, these sugar pieces are pre‑cut into diamond, heart, spade and club shapes
  10. Daddy brand brown or blond "Vergeoise" sugar in 500‑g cases
  11. Comptoir du Sud brand brown and white sugar pieces in 1‑kg and 500‑g boxes
  12. Daddy brand brown coffee sugar in 500‑g box packets ‑ For greater clarity, this is a large granule brown sugar
  13. Demerara sugar cubes ‑ Produced by Tate & Lyle PLC
  14. Amber sugar crystals ‑ Produced by Tate & Lyle PLC. For greater clarity, these are large sugar crystals in varying shades of brown
  15. Low‑colour liquid sucrose with a colour no higher than 10 maximum ICUMSA (International Commission for Uniform Methods of Sugar Analysis) colour units and distiller's grade liquid sucrose imported by Gilbey Canada Inc. for use as ingredients in its production process

Additional exclusions as of

  1. Bottler's floc‑free beet sugar imported for use in pharmaceutical preparations where it is established by the importer that floc‑free beet sugar from Canadian sources does not meet the applicable product specifications
  2. Golden, pouring and other table syrups imported in retail‑ready packaging in containers not exceeding 3 litres
  3. Subject to the exception below, specialty wrapped sugar cubes, each individual wrapping containing not more than 3 sugar cubes, imported in retail‑ready packages not exceeding 5 kg in weight. This exclusion does not include generic wrapped white sugar cubes (i.e. where the illustration consists of primarily a trade‑mark, trade name, company name or other commercial identification as opposed to a unique illustration)
  4. Pre‑cut specialty shaped sugar pieces, imported in retail‑ready packaging, in packages not exceeding 1 kg in weight ‑ For greater clarity, these include diamond‑, heart‑, spade‑ and club‑shaped sugar but do not include cube‑ or domino‑ (i.e. rectangular) shaped sugar
  5. Rough‑shaped lumps and pieces, in lumps or pieces weighing between 3 and 10 grams on average, imported in retail‑ready packaging, in individual packages not exceeding 1 kg in weight
  6. Very large crystal sugar, in crystals exceeding 0.05 g in weight on average, imported in retail‑ready packaging, in individual packages not exceeding 1 kg in weight
  7. Specialty sugar cubes and dominoes (i.e. rectangles), made from demerara, brown, yellow or any other non‑white sugar, imported in retail‑ready packaging, in packages not exceeding 1 kg in weight ‑ For greater clarity, this does not include any sugar cube or domino made from white granulated sugar
  8. Low‑colour liquid sucrose with a colour no higher than 10 ICUMSA (International Commission for Uniform Methods of Sugar Analysis) colour units and distiller's grade liquid sucrose imported for use in the production of distilled spirits where it is established by the importer that low‑colour liquid sucrose and distiller's grade liquid sucrose from Canadian sources do not meet the applicable product specifications
  9. Organic sugar meeting the requirements of the Canadian General Standards Board standard No. CAN/CGSB‑32.310‑99 (Organic Agriculture), the U.S. Federal Organic Foods Production Act of 1990 or any rules adopted under that act, or the European Union EN2092/94 (Organic Regulation), where it is accompanied by a transaction certificate affirming compliance with the standard signed by an ISO Guide 65 accredited certifying authority

Additional exclusion as of

  1. Individually wrapped rectangular cane sugar tablets

Additional exclusion as of

  1. Specialty‑coloured decorative sugar crystals in granulated form combined with carnauba wax and food colouring matter, imported in small retail‑ready containers not exceeding 16 oz. for use exclusively as a superficial decoration in baked goods (such as pies, cakes, pastries, muffins, cookies, etc.) and other prepared foods

Tariff classification numbers

The subject goods are normally classified under the following tariff classification numbers:

  1. 1701.91.10.00
  2. 1701.91.90.21
  3. 1701.91.90.29
  4. 1701.91.90.91
  5. 1701.91.90.99
  6. 1701.99.10.00
  7. 1701.99.90.20
  8. 1701.99.90.30
  9. 1701.99.90.90
  10. 1702.90.11.00
  11. 1702.90.12.00
  12. 1702.90.13.00
  13. 1702.90.14.00
  14. 1702.90.15.00
  15. 1702.90.16.00
  16. 1702.90.17.00
  17. 1702.90.18.00
  18. 1702.90.69.00
  19. 1702.90.89.10

This listing of tariff classification numbers is for convenience of reference only. Refer to the product definition for authoritative details regarding the subject goods.

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