DRY WHEAT PASTA

DRY WHEAT PASTA
Inquiry No. NQ-2017-005

Order issued
Monday, April 23, 2018

 

IN THE MATTER OF an inquiry, pursuant to section 42 of the Special Import Measures Act, concerning the dumping and subsidizing of all dry wheat-based pasta, not stuffed or otherwise prepared, and not containing more than two percent eggs, whether or not enriched, fortified, organic, whole wheat or containing milk or other ingredients (the subject goods), originating in or exported from the Republic of Turkey (Turkey), excluding refrigerated, frozen or canned pasta.

ORDER

WHEREAS the Canadian International Trade Tribunal (the Tribunal) is required, pursuant to section 42 of the Special Import Measures Act, to make an inquiry as to whether the dumping and subsidizing of the subject goods from Turkey have caused injury or threaten to cause injury to the domestic industry;

AND WHEREAS, based upon information available to the Tribunal, it appears that Catelli Foods Corporation (Catelli) is a domestic producer of goods which are the subject of the Tribunal’s inquiry;

AND WHEREAS the Tribunal, on or about March 29, 2018, sent Catelli a notice of inquiry requiring Catelli to complete a producers’ questionnaire and, to the extent that it may be relevant, an importers’ questionnaire (both available on the Tribunal’s website), and indicating that responses to the Tribunal’s questionnaires were due on April 19, 2018;

AND WHEREAS Catelli has not provided the information requested by the Tribunal;

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;

AND UPON being satisfied that Catelli 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 Catelli shall deliver to the Tribunal a certified written return of information in fulfilment of the information requirements listed in the Tribunal’s producers’ Questionnaire and, to the extent that it may be relevant, the Tribunals’ importers’ questionnaire, which are available on the Tribunal’s website at www.citt-tcce.gc.ca/en/questionnaires, by 12:00 p.m. (Eastern Time) on May 2, 2018.
  2. Unless Catelli satisfies the Tribunal in writing before 12:00 p.m. (Eastern Time) on April 25, 2018, 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 12:00 p.m. (Eastern Time) on May 2, 2018. The information may be filed via the Tribunal’s secure E‑filing service at https://apps.citt-tcce.gc.ca/sftapp/CITT/html/transfer_e.html or by e‑mail at citt-tcce@tribunal.gc.ca, should the risks associated with this method of transmission be accepted by Catelli, or by sending a hard copy or copy on digital media by courier to the following address:

    The Registrar
    Canadian International Trade Tribunal Secretariat
    333 Laurier Avenue West
    15th Floor
    Ottawa, Ontario  K1A 0G7

    Telephone: 613-993-3595

  3. The information provided by Catelli in fulfilment of the information requirements in the Tribunal’s questionnaires and the attached schedule may be designated as confidential by Catelli in accordance with sections 43 to 49 of the Canadian International Trade Tribunal Act.

Jean Bédard
Jean Bédard
Presiding Member

Serge Fréchette
Serge Fréchette
Member

Ann Penner
Ann Penner
Member