ALUMINUM EXTRUSIONS
Inquiries (section 42)
ALUMINUM EXTRUSIONS
Inquiry No.: NQ-2008-003
TABLE OF CONTENTS
BY ELECTRONIC MAIL
December 18, 2008
To: Counsel and parties
| Subject: |
Determination on Classes of Goods |
On October 17, 2008, the Canadian International Trade Tribunal (the Tribunal) determined that there was evidence that disclosed a reasonable indication that the dumping and subsidizing of the subject goods had caused injury to the domestic industry (File No. PI-2008-002).
In its statement of reasons for the preliminary determination of injury issued on October 31, 2008, the Tribunal found, based on the evidence on the record at that time, that there was a single class of goods. However, the Tribunal also indicated that there may be merit in assessing injury on the basis of the following two classes of goods: (1) aluminum extrusion products which have standard shapes; and (2) aluminum extrusion products which have custom shapes.
Accordingly, in the Notice of Commencement of Inquiry of November 18, 2008, the Tribunal invited parties to file evidence and submissions on that issue, and asked parties to address factors that the Tribunal should examine in considering the question of classes of goods, including:
• The physical characteristics of the goods;
• The market characteristics of the goods (such as substitutability, pricing and distribution channels);
• Whether the goods fulfil the same customer needs; and
• Any other relevant factors.
After having considered the evidence on the record, including the responses received to the Tribunal’s Questionnaire on Substitutability of Aluminum Extrusions, and the arguments made by parties, the Tribunal has determined that aluminum extrusion products which have standard shapes and aluminum extrusion products which have custom shapes constitute two separate classes of goods.
For the purposes of classes of goods, standard shapes include bars and rods, pipes and tubes, angles, channels, beams and tees (H, I, Z), while custom shapes are defined as including all shapes that are not “standard shapes”.
The Tribunal will therefore conduct its injury analysis on the basis of these two classes of goods.
The reasons for this determination will form part of the Tribunal’s statement of reasons for the inquiry.
Yours sincerely,
Hélène Nadeau
Secretary
c.c.: Ms. Caterina Ardito-Toffolo
and Mr. Darryl Larson
Canada Border Services Agency