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Notice of initiation of a normal value review: Refined sugar

Home News Notice of initiation of a normal value review: Refined sugar

Notice of initiation of a normal value review: Refined sugar

The Canada Border Services Agency (CBSA) has initiated a normal value review of refined sugar, refined from sugar cane or sugar beets, in granulated, liquid and powdered form (refined sugar), exported from the United States by United Food Group Inc. (United).

The review follows an appeal filed by an importer and is part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s (CITT) order issued on August 6, 2021, respecting the dumping of refined sugar from the United States, Denmark, Germany, the Netherlands and the United Kingdom and amounts of subsidy of refined sugar from the European Union, in accordance with the Special Import Measures Act (SIMA).

The product definition and the applicable tariff classification numbers of the goods subject to the CITT finding are contained in Appendix 1 (subject goods).

The deadline for United to provide a complete and accurate response to the CBSA’s dumping request for information (RFI) is January 17, 2023. The exporter will be considered cooperative if the requested information is complete, submitted on time and the exporter permits verification of the data.

The schedule for this review is now available. The CBSA will close the record for this normal value review at any time during the proceeding, without advanced notice, once it has been determined that sufficient information has been received to make a decision. Therefore, interested parties are encouraged to provide any and all information that they feel is relevant to this review to the CBSA as early as possible. The CBSA will update the website to announce that the record has been closed. Interested parties will have seven days from the close of the record to file case arguments concerning the normal value review and 14 days from the close of the record to file reply submissions in respect of the case arguments.

The normal values determined as part of this review will apply to subject goods released from the CBSA on or after the date of the conclusion of the normal value review and may be applied to any requests for re-determination that have not been processed prior to the conclusion of the review, regardless of the date that the requests were received.

Please note that exporters are required to promptly inform the CBSA in writing of changes to domestic prices, costs, market conditions or terms and channels 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.

In situations where related parties are involved, companies are cautioned that they must increase resale pricing to their unrelated customers in Canada in order to avoid secondary dumping. If it is determined that the company has raised its selling prices in Canada to levels necessary to eliminate all secondary dumping, the export prices will be calculated under section 24 of SIMA. Price reviews will continue to be conducted to ensure that an appropriate selling price is maintained in the Canadian market. However, if as a result of a review, a company is found to be in a secondary dumping situation, anti-dumping duties may be assessed retroactively.

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Source: Canada Border Services Agency (CBSA)

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