Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Canada Border Services Agency Commences Reinvestigation of Subsidies of Refined Sugar from the EU

On July 27, 2009, the Canada Border Services Agency (CBSA) initiated a re-investigation respecting the amounts of subsidy of refined sugar, refined from sugar cane or sugar beets, in granulated, liquid and powdered form, originating in or exported from the European Union. The re-investigation is part of the CBSA enforcement of the Canadian International Trade Tribunal's finding issued on November 6, 1995 and continued in 2000 and 2005.

The subject goods are normally imported into Canada under one of the following ten digit Harmonized System classification numbers:

  • 1701.91.00.11
  • 1701.91.00.19
  • 1701.91.00.21
  • 1701.91.00.29
  • 1701.91.00.91
  • 1701.91.00.99
  • 1701.99.00.10
  • 1701.99.00.21
  • 1701.99.00.28
  • 1701.99.00.29
  • 1701.99.00.90
  • 1702.90.11.00
  • 1702.90.12.00
  • 1702.90.13.00
  • 1702.90.14.00
  • 1702.90.15.00
  • 1702.90.16.00
  • 1702.90.17.00
  • 1702.90.18.00
  • 1702.90.30.10
  • 1702.90.60.00

The reinvestigation schedule is as follows:

 

Date

Event

July 27 , 2009

Initiation of CBSA's Re-investigation

August 26, 2009

Importers responses to CBSA's Request for Information due

September 2, 2009

European Commission response to CBSA’s Request for Information due

November 23, 2009

Closing of the record

November 30, 2009

Case arguments due from all parties

December 7, 2009

Reply submissions from all parties in respect of the case arguments

January 29, 2010

Conclusion of the CBSA’s re-investigation

Before the conspiracy theorists start, this reinvestigation does not have anything to do with Canada's recent spat with the EU importation ban against seal products.  This is not hidden protectionism.  This reinvestigation is the first step in an expiry review process that will end with a continuation or termination of the countervailing duties on or about November 2, 2010.  It is expected and normal. 

On November 2, 2005, the CITT made an order to:

(1) continue its order in respect of the dumping of refined sugar originating in or exported from Denmark, the Federal Republic of Germany, the Netherlands and the United Kingdom, and the subsidizing of refined sugar originating in or exported from the European Union, with an amendment to exclude individually wrapped rectangular cane sugar tablets; and

(2) continue its order in respect of the dumping of refined sugar originating in or exported from the United States of America, with an amendment to exclude individually wrapped rectangular cane sugar tablets.

The CITT had previously, on November 3, 2000 continued its order made on November 6, 1995 in inquiry number NQ-95-002.

For more information, please contact Cyndee Todgham Cherniak at 416-307-4168.

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