The Canadian International Trade Tribunal (the “CITT”) announced an Order in Expiry Review RR-2023-001 on March 20, 2024 (the “Order”), continuing its finding made on April 23, 2018, in Expiry Review NQ-2017-005, in respect of the dumping and subsidizing of all dry wheat pasta originating in or exported from the Republic of Türkiye (the “Subject Goods”).

What is an Expiry Review

Expiry Reviews are conducted jointly by the Canada Border Services Agency (the “CBSA”) and the CITT to review prior Anti-Dumping Duty (“ADD”) or Countervailing Duty (“CVD”) findings made by the CITT (the “Findings”) under the Special Import Measures Act (“SIMA”). These Expiry Reviews generally occur every 5 years following the original finding or subsequent continuation orders (“Orders”).

Expiry Reviews are designed to allow the CBSA to investigate whether the expiry of a prior order is likely to result in the continuation or resumption of dumping or subsidizing of the subject goods, and the CITT to determine whether a material injury to the domestic industry would be likely as a result.

Detailed Description of the Subject Goods

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 Türkiye, excluding refrigerated, frozen or canned pasta.

The Finding

The CBSA's investigation was originally initiated in 2017 in response to a complaint from the Canadian Pasta Manufacturers Association. The Investigation’s final determination was that the Subject Goods were being dumped and subsidized.  

The reasons for the Order have not yet been released. However, the CITT’s decision continues its Finding made on July 26, 2018, which concluded that dumping and subsidizing of the Subject Goods from the Republic of Türkiye had caused injury to the domestic industry.

Why Do I Care?

With the conclusion of the Expiry Review, the Order will likely remain in force for another 5 years until the next Expiry Review. At that time, Canadian importers and foreign exporters and producers need to determine whether to take part in the Expiry Review or risk the continued application of potentially punitive ADDs and CVDs. Canadian domestic producers (i.e., those benefitting from the Order) are effectively required to participate (or risk a conclusion that there is insufficient domestic support to continue the Order).

Can I Get Involved Now?

While this Expiry Review has concluded, exporters impacted by the Order may be able to request an Expedited Reviewfrom the CBSA.An Expedited Review is the process by which the CBSA will review the normal value, export price and amount of subsidy (if applicable) on subject goods for an exporter who was not previously asked to submit information to the CBSA in a prior investigation or re-investigation.

Other than the Expedited Review process, or a CBSA re-investigation, the next chance to get involved will be the CITT’s Expiry Review in 2028-2029.

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