FRESH ICEBERG (HEAD) LETTUCE
Interim Reviews (Subsection 76.01)
Interim Review No. RD-2001-002
Ottawa, Monday, April 22, 2002
Interim Review No. RD-2001-002
IN THE MATTER OF an interim review, under subsection 76.01(1) of the Special Import Measures Act, of the order made by the Canadian International Trade Tribunal on November 28, 1997, in Review No. RR-97-002, continuing, without amendment, its finding made on November 30, 1992, in Inquiry No. NQ-92-001, concerning:
FRESH ICEBERG (HEAD) LETTUCE, ORIGINATING IN OR EXPORTED FROM THE UNITED STATES OF AMERICA, FOR USE OR CONSUMPTION IN THE PROVINCE OF BRITISH COLUMBIA
ORDER
The Canadian International Trade Tribunal, under the provisions of subsection 76.01(1) of the Special Import Measures Act, has conducted an interim review of its order made on November 28, 1997, in Review No. RR-97-002, continuing, without amendment, its finding made on November 30, 1992, in Inquiry No. NQ-92-001.
Pursuant to paragraph 76.01(5)(a) of the Special Import Measures Act, the Canadian International Trade Tribunal hereby rescinds its order made on November 28, 1997, in Review No, RR-97-002, continuing, without amendment, its finding made on November 30, 1992, in Inquiry No. NQ-92-001, concerning fresh Iceberg (head) lettuce, originating in or exported from the United States of America, for use or consumption in the province of British Columbia.
Pierre Gosselin
Pierre Gosselin
Presiding Member
Richard Lafontaine
Richard Lafontaine
Member
Ellen Fry
Ellen Fry
Member
Michel P. Granger
Michel P. Granger
Secretary
STATEMENT OF REASONS
BACKGROUND
On January 25, 2002, the Canadian International Trade Tribunal (the Tribunal), in a notice of expiry (Expiry No. LE-2001-007), gave notice, pursuant to subsection 76.03(2) of the Special Import Measures Act,1 that its order (the 1997 Order) made on November 28, 1997, in Review No. RR-97-002, continuing, without amendment, its finding made on November 30, 1992, in Inquiry No. NQ-92-001, concerning fresh Iceberg (head) lettuce, originating in or exported from the United States of America, was scheduled to expire on November 27, 2002. Under SIMA, findings of injury or threat of injury and the related anti-dumping or countervailing duties expire five years from the date of the last order or finding, unless an expiry review has been initiated before that date.
In response to the Tribunal's notice of expiry, the BC Vegetable Marketing Commission (BCVMC), the original complainant, submitted that the 1997 Order should be rescinded immediately, given current industry circumstances and the low volume of Iceberg lettuce it projected it would produce this coming crop year.
In its submission, the BCVMC also stated that it wished to act fairly and in the interests of the distributive trade and the consumer.
INITIATION OF AN INTERIM REVIEW
In light of the BCVMC's request for an immediate rescission of the 1997 Order, the Tribunal gave notice, on March 15, 2002, pursuant to subsection 76.01(1) of SIMA, that it had decided to initiate an interim review of the order.
The Tribunal invited interested persons or governments to file submissions supporting or opposing a rescission of the order by April 5, 2002.
No submissions opposing a rescission of the order were received, and one submission supporting a rescission of the order was filed by the Western Growers Association, a non-profit agricultural trade association that represents growers, packers and distributors of fresh fruit and vegetables in the states of California and Arizona.
DECISION OF THE TRIBUNAL
Based on the submissions received, the Tribunal finds that there have been sufficient changes in circumstances to justify an immediate rescission of the order.
For these reasons, the Tribunal hereby rescinds, pursuant to paragraph 76.01(5)(a) of SIMA, its order made on November 28, 1997, in Review No. RR-97-002, continuing, without amendment, its finding made on November 30, 1992, in Inquiry No. NQ-92-001, concerning fresh Iceberg (head) lettuce, originating in or exported from the United States of America, for use or consumption in the province of British Columbia.
1 . R.S.C. 1985, c. S-15 [hereinafter SIMA].
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Initial publication: April 22, 2002