Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



This is a Good Time for Sugar Expiry Review

On December 29, 2009, the Canadian International Trade Tribunal (CITT) gave notice that the Canadian antidumping and countervailing duty orders regarding sugar are scheduled to expire on November 1, 2010 (In particular, the CITT's orders made on November 2, 2005, in Expiry Review No. RR-2004-007, continuing, with amendment, its orders made on November 3, 2000, in Review No. RR-99-006, continuing, with amendment, its findings made on November 6, 1995, in Inquiry No. NQ-95-002, concerning the dumping of refined sugar, refined from sugar cane or sugar beets, in granulated, liquid and powdered form, originating in or exported from the United States of America, Denmark, the Federal Republic of Germany, the Netherlands and the United Kingdom, and the subsidizing of refined sugar, refined from sugar cane or sugar beets, in granulated, liquid and powdered form, originating in or exported from the European Union.)

Any firm, organization, person or government wishing to participate as a party in these proceedings must file a notice of participation with the Secretary on or before January 13, 2010. Parties requesting or opposing the initiation of an expiry review of the said orders shall file 20 copies of written public submissions containing relevant information, opinions and arguments, with the Secretary of the Tribunal no later than January 18, 2010. Parties wishing to respond to the submissions must do so no later than February 2, 2010. Parties will need to hire Canadian counsel if they wish to to make arguments based on confidential information on the record.

The Tribunal will issue a decision on February 17, 2010, on whether an expiry review is warranted. If the Tribunal decides that a review is not warranted, the orders will expire on their scheduled expiry date. The Tribunal will issue its reasons no later than 15 days after its decision. If the Tribunal decides to initiate a review, it will issue a notice of expiry review.

This is one of those rare situations when the current state of the market would suggest protection is no longer warranted. On January 10, 2010, Canada's Globe & Mail reported that sugar prices are at a 29 year high and have increase 300-fold in the last year. Please see the following article - http://www.theglobeandmail.com/report-on-business/soaring-sugar-prices-could-boost-costs-to-satisfy-sweet-tooth/article1425840/

One cannot assume that the Tribunal will obtain this information without someone coming forward to provide it to them.

If you require more information, please contact Cyndee Todgham Cherniak at 416-307-4168.

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