Preliminary injury inquiry PI-2024-004

NOTICE OF COMMENCEMENT OF PRELIMINARY INJURY INQUIRY

RENEWABLE DIESEL

The Canadian International Trade Tribunal gives notice that, pursuant to subsection 34(2) of the Special Import Measures Act (SIMA), it has initiated a preliminary injury inquiry to determine whether there is evidence that discloses a reasonable indication that the dumping and subsidizing of liquid fuel derived solely from biomass through hydrogenation, that meets ASTM Standards D975 or D396 or similar, commonly known as “Renewable Diesel” or hydrogenation-derived renewable diesel or “HDRD”, whether or not blended with other substances, originating in or exported from the United States of America (the subject goods), have caused injury or retardation or are threatening to cause injury, as these words are defined in SIMA.

The Tribunal’s preliminary injury inquiry will be conducted by way of written submissions, with the possibility of a videoconference on like goods and classes of goods as further described in this notice. Each person or government wishing to participate in the preliminary injury inquiry must file Form I—Notice of Participation with the Tribunal, on or before March 19, 2025. Each counsel who intends to represent a party in the preliminary injury inquiry must file Form II—Notice of Representation and Form III—Declaration and Undertaking with the Tribunal, on or before March 19, 2025.

On March 24, 2025, the Tribunal will issue a list of participants. Counsel and self-represented participants are required to serve their respective submissions on each other on the dates outlined below. Public submissions are to be served on counsel and those participants who are not represented by counsel. Confidential submissions are to be served only on counsel who have access to the confidential record, and who have filed Form III—Declaration and Undertaking with the Tribunal. This information will be included in the list of participants. One complete electronic version of all submissions must be filed with the Tribunal.

Submissions by parties opposed to the complaint must be filed not later than noon (ET), on April 4, 2025. The complainant and supporting parties may make submissions in response to the submissions of parties opposed to the complaint not later than noon (ET), on April 15, 2025.

In accordance with section 46 of the Canadian International Trade Tribunal Act, a person who provides information to the Tribunal and who wishes some of or all the information to be kept confidential must, among other things, submit a non-confidential edited version or summary of the information designated as confidential, or a statement indicating why such a summary cannot be made.

Written submissions, correspondence and requests for information regarding this notice should be addressed to the Registry, Secretariat to the Canadian International Trade Tribunal, at citt-tcce@tribunal.gc.ca. The Registry can also be reached by telephone at 613-993-3595.

Ottawa, March 7, 2025

ADDITIONAL INFORMATION

DISTRIBUTION OF THE RECORD

On March 24, 2025, the Tribunal will distribute the public information received from the Canada Border Services Agency (CBSA) to counsel and self-represented participants that have filed Form I—Notice of Participation or Form II—Notice of Representation, as appropriate, and the confidential information to counsel who have filed Form III—Declaration and Undertaking with the Tribunal.

SUBMISSION DATES AND FACTORS TO BE ADDRESSED

Submissions by parties opposed to the complaint must be filed not later than noon (ET), on April 4, 2025. These submissions should include evidence, e.g., documents and sources that support the factual statements in the submissions and arguments. The Tribunal requests that parties directly address:

• whether there are goods produced in Canada, other than those identified in the CBSA’s statement of reasons for initiating the investigations, that are like goods to the subject goods;

• whether the subject and like goods comprise more than one class of goods;

Submissions should also be made concerning the questions of:

• which domestic producers of like goods comprise the domestic industry; and

• whether the information before the Tribunal discloses a reasonable indication that the alleged dumping and subsidizing of the subject goods have caused injury or retardation, or are threatening to cause injury.

The complainant and supporting parties may make submissions in response to the submissions of parties opposed to the complaint not later than noon (ET), on April 15, 2025.

One complete electronic version of all submissions must be filed with the Tribunal. Please see the Tribunal’s Confidentiality Guidelines, available on its website.

PROCEDURES REGARDING LIKE GOODS AND CLASSES OF GOODS

The Tribunal has scheduled a videoconference regarding like goods and classes of goods. The Tribunal will determine whether this videoconference is necessary upon review of the written submissions on whether there are goods produced in Canada, other than those identified in the CBSA’s statement of reasons for initiating the investigations, that are like goods to the subject goods, and whether the subject and like goods comprise more than one class of goods. This decision will be communicated to the parties on April 8, 2025. If the Tribunal proceeds with a videoconference, procedures for same will be communicated to parties and counsel at a later date. Information with respect to interpretation services is outlined below.

Additionally, the Tribunal has scheduled a date for the Tribunal to request purchasers to send a completed questionnaire on like goods and classes of goods. To prepare for the possibility of a questionnaire on like goods and classes of goods, the Tribunal requests that parties provide the Tribunal with the names and contact information (contact name, job description, phone number and/or email) for their top 10 purchasers on March 20, 2025. The Tribunal will determine whether a questionnaire will be necessary (in addition to or instead of a videoconference) upon review of the written submissions. This decision will be communicated to the parties on April 8, 2025. If the Tribunal proceeds with the questionnaire, it will be available on the same day for download, in English or French, from the Tribunal’s website.

INTERPRETATION AT THE VIDEOCONFERENCE REGARDING LIKE GOODS AND CLASSES OF GOODS

To prepare for the possibility of a videoconference on like goods and classes of goods, advance notice of the need for interpretation services is required prior to the Tribunal’s determination regarding whether the videoconference will be necessary.

The procedure that follows is a two-step process that provides the Tribunal with advanced notice to ensure the availability of interpretation services for videoconference when required. It is geared at allowing parties to make informed requests in a timely manner.

• Step One: 25 days prior to the videoconference, parties are to declare to the Tribunal and all parties, in writing, which language(s) their counsel and witnesses will be using.

• Step Two: 20 days prior to the videoconference, pursuant to subrule 23(4) of the Canadian International Trade Tribunal Rules (CITT Rules), parties are to declare to the Tribunal and all parties, in writing, which interpretation services they and/or their witnesses require for the videoconference and declare if the interpretation service is required for the entirety of the videoconference or for specific testimonies and/or arguments.

REQUESTS FOR PRODUCT EXCLUSIONS

Parties should note that the Tribunal does not consider product exclusion requests during a preliminary injury inquiry, and, therefore, none should be filed at this stage. Should the matter proceed to a final injury inquiry, the schedule for filing product exclusion requests will be included in the notice of commencement of inquiry.

PROCEDURE FOR FILING WITH THE TRIBUNAL

The public, counsel and self-represented participants may file documents electronically with the Tribunal through its Secure E‑filing Service. The information is fully encrypted from the sender to the Tribunal.

Form I—Notice of Participation, Form II—Notice of Representation and Form III—Declaration and Undertaking should all be filed electronically through the Tribunal’s Secure E‑filing Service.

Following receipt of completed forms I, II and III, the Tribunal will send to counsel and self-represented participants a letter with information on the E-registry Service and the filing of documents.

OTHER INFORMATION

The Canadian International Trade Tribunal Rules govern these proceedings.

Written and oral communication with the Tribunal may be in English or in French.

The Tribunal has sent the notice of commencement of preliminary injury inquiry and the preliminary injury inquiry schedule to the domestic producers, trade unions, importers and exporters with a known interest in the preliminary injury inquiry. The notice, additional information and the preliminary injury inquiry schedule listing the key events are also available on the Tribunal’s website.

At the end of these proceedings, the Tribunal will issue a decision supported by a statement of reasons. The decision will be posted on its website and distributed to the counsel and self-represented participants, as well as to organizations and persons registered to receive decisions of the Tribunal.

PRELIMINARY INJURY INQUIRY SCHEDULE