ALUMINUM EXTRUSIONS
Inquiries (section 42)
ALUMINUM EXTRUSIONS
Inquiry No. NQ-2008-003
Order issued
Thursday, December 18, 2008
TABLE OF CONTENTS
IN THE MATTER of an inquiry, pursuant to section 42 of the Special Import Measures Act, respecting aluminum extrusions produced via an extrusion process, of alloys having metallic elements falling within the alloy designations published by The Aluminum Association commencing with l, 2, 3, 5, 6 or 7 (or proprietary or other certifying body equivalents), with the finish being as extruded (mill), mechanical, anodized or painted or otherwise coated, whether or not worked, having a wall thickness greater than 0.5 mm, with a maximum weight per metre of 22 kg and a profile or cross-section which fits within a circle having a diameter of 254 mm, originating in or exported from the People's Republic of China.
WHEREAS the Canadian International Trade Tribunal (the Tribunal) is required, pursuant to section 42 of the Special Import Measures Act, to make inquiry as to whether the dumping and subsidizing of the aforementioned goods have caused injury or retardation or are threatening to cause injury to the domestic industry;
AND WHEREAS, based upon information available to the Tribunal, it appears that Samuel, Son & Co, Limited (Samuel) is a significant importer of the goods that are the subject of the Tribunal’s inquiry;
AND WHEREAS Samuel is refusing to provide all information requested by the Tribunal in its questionnaire request;
AND WHEREAS the Tribunal considers such information to be relevant and important to the conduct of its inquiry;
AND WHEREAS, pursuant to subsection 17(2) of the Canadian International Trade Tribunal Act, the Tribunal has, as regards the production and inspection of documents, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are vested in a superior court of record;
UPON the Tribunal’s own motion;
AND UPON being satisfied that Samuel has or is likely to have information in its possession or control relevant to the Tribunal’s inquiry;
THE TRIBUNAL ORDERS THAT:
1. A duly authorized representative of Samuel shall make and deliver to the Tribunal a written return of information under oath or solemn affirmation in fulfilment of the information requirements listed in the attached schedule.
2. Unless Samuel attends before the Tribunal before December 30, 2008, and satisfies the Tribunal that this order should not have been issued or that the required information cannot reasonably be provided, the required information is to be received no later than close of business (5:00 p.m. Eastern Time) on January 5, 2009, at the office of the Secretary of the Tribunal at the following address::
The Secretary
Canadian International Trade Tribunal
Standard Life Centre
333 Laurier Avenue West
15th Floor
Ottawa, Ontario
K1A 0G7
3. The information provided by Samuel in fulfilment of the information requirements listed in the attached schedule may be designated as confidential by Samuel in accordance with sections 43 to 49 of the Canadian International Trade Tribunal Act.
André F. Scott
André F. Scott
Presiding Member
Hélène Nadeau
Hélène Nadeau
Secretary
Information Required
A complete response to the Tribunal’s Importers’ Questionnaire for Inquiry No. NQ-2008-003 (Aluminum Extrusions).
The Importers’ Questionnaire can be downloaded from the Tribunal’s Web site at www.citt-tcce.gc.ca/question/index_e.asp