Inquiries

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TABLE OF CONTENTS

• A D V I C E

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Advice of the Canadian International Trade Tribunal
in Referral No. RE-89-001
under Section 37 of the Special Import Measures Act

Referral to the Canadian
International Trade Tribunal made by:	Ross Browning
for	Browning Sales Agencies
	Markham, Ontario
	L3R 3K2
Date of Referral:	August 14, 1989
Date of Receipt of Referral:	August 15, 1989

September 14, 1989

CANADIAN INTERNATIONAL TRADE TRIBUNAL

Panel :

Presiding Member:	John C. Coleman
Member:	Robert J. Bertrand, Q.C.
Member:	Arthur B. Trudeau
Member:	Sidney A. Fraleigh
Member:	W. Roy Hines
Member:	Kathleen Macmillan

Staff assigned :

Director of Research:	Réal Roy
Research Officer:	John O'Neill
Counsel:	Donna Mousley
Registrar's Office:	Molly Hay

Address all communications to:

The Secretary
Canadian International Trade Tribunal
20th Floor
Journal Tower South
365 Laurier Avenue West
Ottawa, Ontario
K1A 0G7

Referral No.: RE-89-001

Thursday, the 14th day of September 1989

ADVICE UNDER SECTION 37 OF THE SPECIAL IMPORT MEASURES ACT
RESPECTING:

LANDING NETS, ASSEMBLED OR UNASSEMBLED, PRODUCED BY
J.F. PEPPER CO. INC., ITS SUCCESSORS AND ASSIGNS,
ORIGINATING IN OR EXPORTED FROM THE UNITED STATES OF AMERICA

A D V I C E

On July 17, 1989, as a result of a complaint filed by Lucky Strike Bait Works Limited (Lucky Strike) of Peterborough, Ontario, and pursuant to subsection 31(1) of the Special Import Measures Act (the Act), the Deputy Minister of National Revenue for Customs and Excise initiated an investigation into the injurious dumping in Canada of landing nets, assembled or unassembled, produced by J.F. Pepper Co. Inc. (J.F. Pepper), its successors and assigns, originating in or exported from the United States of America.

On August 15, 1989, the Canadian International Trade Tribunal (the Tribunal) received from Browning Sales Agencies, an importer of the subject goods and the Eastern Canadian sales agent representing J.F. Pepper, a referral under subsection 34(b) of the Act for an opinion as to whether the information and evidence before the Deputy Minister disclose a reasonable indication that the dumping of the subject landing nets has caused, is causing or is likely to cause material injury to the production in Canada of like goods. The Act requires that the Tribunal render its advice on the question without holding any hearings thereon, on the basis of the information that was before the Deputy Minister when she reached her decision or conclusion on that question and not later than 30 days after such reference is made to it.

Along with Lucky Strike, there are three additional Canadian manufacturers of landing nets: Gibbs Nortac Industries Ltd. of Burnaby, British Columbia, Emerald Enterprises of Rockwood, Ontario and Scott Plastics Ltd. of Victoria, British Columbia. According to the Deputy Minister's file, the complainant, Lucky Strike, accounts for a very large proportion of total Canadian production and is acting alone in this complaint.

A landing net is a net used by sport fishermen to remove fish from the water after the fish has been caught using a line and hook. A landing net consists of three basic parts: a frame, made from aluminum tubing; a net bag, made of polyethylene, nylon or kurlon; and a handle, made of aluminum, fibreglass or wood. Landing nets come in many sizes and shapes to meet the varied requirements of different methods of fishing and of different sizes of fish.

On the basis of information provided to the Tribunal by the Deputy Minister, which is based largely on the complaint filed by Lucky Strike and which was examined closely by the panel, the Tribunal advises, pursuant to section 37 of the Act, that the information and evidence disclose a reasonable indication that the dumping in Canada of landing nets, assembled or unassembled, produced by J.F. Pepper Co. Inc., its successors and assigns, originating in or exported from the United States of America, has caused, is causing or is likely to cause material injury to the production in Canada of like goods.

The Tribunal is of the view that the information and evidence before the Deputy Minister relating to losses of sales and market share, reduced employment, price suppression and declining profits disclose a reasonable indication of material injury caused by the dumping of the subject goods produced by J.F. Pepper, originating in or exported from the United States of America.

Presiding Member:	John C. Coleman
	_________________________
	John C. Coleman
Member:	Robert J. Bertrand
	_________________________
	Robert J. Bertrand, Q.C.
Member:	Arthur B. Trudeau
	_________________________
	Arthur B. Trudeau
Member:	Sidney A. Fraleigh
	_________________________
	Sidney A. Fraleigh
Member:	W. Roy Hines
	_________________________
	W. Roy Hines
Member:	Kathleen Macmillan
	_________________________
	Kathleen Macmillan
Witnesses:	Robert J. Martin
	_________________________
	Robert J. Martin
	Secretary

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Initial publication: February 28, 1997