CERTAIN WATERPROOF RUBBER FOOTWEAR
Interim Reviews (Section 76.01)
CERTAIN WATERPROOF RUBBER FOOTWEAR
Interim Review No. RD-2004-008
Order issued
Thursday, August 18, 2005
Reasons issued
Friday, September 2, 2005
TABLE OF CONTENTS
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 October 18, 2002, in Expiry Review No. RR-2001-005, continuing, without amendment, its order made on October 20, 1997, in Review No. RR-97-001, continuing, with amendment, its order made on October 21, 1992, in Review No. RR-92-001, continuing, without amendment, the finding made by the Canadian Import Tribunal on October 22, 1987, in Review No. R-7-87, continuing, without amendment, the finding made by the Anti-dumping Tribunal on May 25, 1979, in Inquiry No. ADT-4-79, and the finding made by the Anti-dumping Tribunal on April 23, 1982, in Inquiry No. ADT-2-82 concerning:
CERTAIN WATERPROOF RUBBER FOOTWEAR ORIGINATING IN OR EXPORTED FROM THE PEOPLE'S REPUBLIC OF CHINA
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 October 18, 2002, in Expiry Review No. RR-2001-005 concerning certain waterproof rubber footwear originating in or exported from the People's Republic of China.
Pursuant to subsection 76.01(5) of the Special Import Measures Act, the Canadian International Trade Tribunal hereby amends its order made on October 18, 2002, to exclude steel-studded over-the-shoe rubbers.
Pierre Gosselin
Pierre Gosselin
Presiding Member
Patricia M. Close
Patricia M. Close
Member
Zdenek Kvarda
Zdenek Kvarda
Member
Susanne Grimes
Susanne Grimes
Acting Secretary
The statement of reasons will be issued within 15 days.
| Tribunal Members: |
Pierre Gosselin, Presiding Member |
| Patricia M. Close, Member |
|
| Zdenek Kvarda, Member |
|
| Director of Research: |
Marie-France Dagenais |
| Researchers: |
Joël Joyal |
| Michael Morden |
|
| Counsel for the Tribunal: |
Eric Wildhaber |
| Registrar: |
Susanne Grimes |
| Registrar Officer: |
Marija Renic |
PARTICIPANTS:
| Domestic Producer |
Counsel/Representative |
| The Shoe Manufacturers' Association of Canada |
Gregory O. Somers |
| Importer |
Representative |
| Tracktion Canada Inc. |
Sid Kastner |
Please address all communications to:
The Secretary
Canadian International Trade Tribunal
Standard Life Centre
333 Laurier Avenue West
15th Floor
Ottawa, Ontario
K1A 0G7
Telephone: (613) 993-3595
Fax: (613) 990-2439
E-mail:
STATEMENT OF REASONS
BACKGROUND
1. On February 8, 2005, the Canadian International Trade Tribunal (Tribunal) received a request from Tracktion Canada Inc. (Tracktion) for an interim review of the order made on October 18, 2002, to exclude its studded product.1 On February 10, 2005, the Tribunal requested that Tracktion complete a Product Exclusion Request form.2 Furthermore, on March 24, 2005, the Tribunal requested that Tracktion provide additional information such as a precise and complete description of the product and the customs classification number under the Customs Tariff 3 or the Harmonized Commodity Description and Coding System.4 The Tribunal also requested samples of the product for which the exclusion was requested. After having received the additional information, the Tribunal decided on April 27, 2005, that the request was properly documented and invited comments from interested parties on Tracktion's request. One submission was received from the Shoe Manufacturers' Association of Canada (SMAC) stating that it opposed the request given that members of the SMAC are producers of waterproof over-the-shoe rubbers in Canada. Tracktion replied on May 12, 2005.
2. Section 76.01 of the Special Import Measures Act 5 gives the Tribunal jurisdiction to conduct an interim review if it is satisfied that a review is warranted. Based on Tracktion's request and the submission received, the Tribunal decided, on June 27, 2005, that an interim review was warranted and issued a notice of commencement of interim review.6 The purpose of the interim review was to determine if the order should be amended to exclude steel studded over-the-shoe rubbers7 for which the exclusion had been requested. The submissions already filed by the parties prior to the initiation of the interim review were placed on the record of the interim review. In accordance with paragraph 25(c) of the Canadian International Trade Tribunal Rules,8 the Tribunal decided to proceed with a hearing by way of written submissions. Any further submissions by interested parties and any subsequent reply submissions were requested by July 15 and July 21, 2005, respectively. The Tribunal received no further submissions within the specified time period.
REASONS FOR DECISION
3. The evidence indicates that the domestic producers do not currently manufacture the product for which the exclusion is requested. To this effect, the Tribunal acknowledges that Tracktion contacted three of the five domestic producers that participated in the expiry review,9 i.e. Acton International Inc., Rallye Footwear Inc. and Régence Inc., with the following results: either they no longer produce overshoes or they have no interest in being licensed to produce this particular product. In parallel, the Tribunal notes that the SMAC did not provide any information (e.g. production schedules, sale invoices) to rebut the product exclusion requested by Tracktion. Moreover, there is no evidence that the domestic industry intends to produce the product.
4. In light of the uncontradicted evidence, the Tribunal is persuaded that imports of the product are not likely to cause or threaten to cause injury to the domestic industry and, therefore, finds it appropriate to exclude the product from the order.
5. For the foregoing reasons, the Tribunal determines that, pursuant to subsection 76.01(5) of SIMA, the order made on October 18, 2002, should be amended to exclude steel studded over-the-shoe rubbers.
1 . Canadian Patent No. CA 2193437-Resilient, all-surface sole.
2 . http://www.citt-tcce.gc.ca/forms/index_e.asp.
3 . S.C. 1997, c. 36.
4 . Customs Co-operation Council, 2d ed., Brussels, 1996.
5 . R.S.C. 1985, c. S-15 [SIMA].
6 . C. Gaz. 2005.I.2411.
7 . Product for non-slip walking on slippery surfaces.
8 . S.O.R./91-499.
9 . Waterproof Rubber Footwear (18 October 2002), RR-2001-005 (CITT).