On May 15, 2008, the Canada Border Service Agency (CBSA) initiated Canada's 7th AD/CVD case against goods from China. The goods under investigation are certain thermoelectric coolers and warmers from China. The Complaint defines the Subject Goods as "Thermoelectric containers that provide cooling and/or warming with the use of a passive heat sink and a thermoelectric module, excluding liquid dispensers." The Subject Goods are further described in the Complaint as “thermoelectric coolers/warmers sold in the domestic market are purchased by consumers for use as coolers/warmers in their cars, homes, dormitory rooms, trucks, RV's, or offices. Examples of activities where the coolers/warmers are used by consumers or users include the following:
(a) Leisure outdoor activities such as camping, fishing, boating, picnics, tailgate parties, etc.
(b) When traveling in automobiles the thermoelectric coolers/warmers are used to ensure fresh food and chilled beverages and to keep infant food and
(c) The thermoelectric coolers/warmers are used by consumers when shopping to preserve perishable meats and frozen foods.
(d) The thermoelectric coolers/warmers are used in homes (including apartments) as a bar fridge, a wine cooler or as an "extra fridge" in the family room, recreation room, garage, deck, etc.
(e) The thermoelectric coolers/warmers are used by students in dormitories to cool their food and drinks.
(f) Long distance truck drivers use the thermoelectric coolers/warmers to keep drinks and food refrigerated in their truck cabs.
(g) the transportation of blood, medicines, boar semen, defibrillators and other medical items, which require managed temperatures.
The H. S. Classification number is 84126.96.36.199, including the following codes:
- 84188.8.131.52<u1:p></u1:p> <o:p></o:p>
- 84184.108.40.206<u1:p></u1:p> <o:p></o:p>
- 8418.50.10.00<u1:p></u1:p> <o:p></o:p>
The previous AD/CVD cases brought in Canada against goods from China include:
1) Outdoor Barbeques (terminated);
2) Carbon Steel and Stainless Steel Fasteners (Finding in place against carbon steel screws from China);
3) Laminate Flooring (Finding in place);
4) Copper Pipe Fittings (Finding in Place);
5) Seamless Carbon or Alloy Steel Oil and Gas Well Casing (Finding in Place); and
6) Carbon Steel Welded Pipe (ongoing).
There are four parts to an AD/CVD case in Canada. The CBSA conducts the dumping and subsidization investigation. This investigation is broken down into two parts:
1) the preliminary determination of dumping/subsidization; and
2) the final determination of dumping and subsidization.
The key dates are:
June 12, 2008 - Importers' Requests for Information are due
June 24, 2008 - Exporters' Requests for Information are due
August 13, 2008, CBSA Preliminary Determination (unless extended by up to 45 days)
At the same time, the Canadian International Trade Tribunal (CITT) conducts the injury inquiry. The injury inquiry is broken down into two parts:
1) the preliminary injury inquiry; and
2) the final injury inquiry.
One of the most important aspects of the preliminary of injury inquiry is submission on classes of goods. Parties opposed to the complaint may make submissions that the class of goods should be broken down into smaller classes (e.g., consumer goods vs commercial goods). It is unusual in the Canadian system for the CITT to make a determination that the complaint does not disclose a reasonable indication of injury, which would result in the early termination of the case.
The key dates are:
May 29, 2008 - Notices of Participation in Preliminary Injury Inquiry are due
June 16, 2008 - Submissions by Parties Opposed to the Complaint are due
June 25, 2008 - Submissions by Complainant and reply submissions by others in support are due
July 14, 2008 - Preliminary Determination of Injury
To obtain more information on the Canadian process or to locate Canadian legal counsel to assist with the preparation of requests for information and submissions, please contact Cyndee Todgham Cherniak (416-307-4168).