Expiry review RR-2025-009

NOTICE OF EXPIRY REVIEW OF FINDING

WHEAT GLUTEN

The Canadian International Trade Tribunal gives notice that, pursuant to subsection 76.03(1) of the Special Import Measures Act (SIMA), it will initiate an expiry review of its finding made on April 22, 2021, in inquiry NQ‑2020‑003, concerning the dumping of wheat gluten, whether or not blended with wheat flour, salt or any other substance, with a minimum wheat protein content of 40% by weight on a dry basis calculated using a Jones Factor of 5.7, originating in or exported from Australia, Austria, Belgium, France, Germany and Lithuania, but excluding (i) devitalized wheat gluten; (ii) hydrolyzed wheat gluten; (iii) wheat protein isolates; and (iv) organic wheat gluten that is certified organic in accordance with and otherwise meets the requirements of the Food and Drugs Act, R.S.C., 1985, c. F‑27, and regulations made thereunder, and the Safe Food for Canadians Act, S.C. 2012, c. 24, and regulations made thereunder including the Safe Food for Canadians Regulations, S.O.R./2018 108, all of which as may be amended or replaced from time to time (the subject goods). For greater certainty, the subject goods include but are not limited to vital wheat gluten as defined by the World Health Organization’s Codex Standard 163-1987, Rev. 1-2001 (“Standard for Wheat Protein Products Including Wheat Gluten”).

In this expiry review, the Canada Border Services Agency (CBSA) will first determine whether the expiry of the finding in respect of the subject goods is likely to result in the continuation or resumption of dumping of the subject goods. If the CBSA determines that the expiry of the finding in respect of any goods is likely to result in the continuation or resumption of dumping, the Tribunal will then determine if the continued or resumed dumping is likely to result in injury to the domestic industry. The CBSA will provide notice of its determination within 150 days after receiving notice of the Tribunal’s initiation of the expiry review, that is, no later than July 30, 2026. The Tribunal will issue its order and its statement of reasons no later than January 6, 2027.

Each person or government wishing to participate in this expiry review must file Form I—Notice of Participation with the Tribunal by March 17, 2026. Regarding the importance of the deadline for filing a notice of participation, please read carefully the “Support by domestic producers” section below. Each counsel who intends to represent a party in the expiry review must file Form II—Notice of Representation and Form III—Declaration and Undertaking with the Tribunal, by March 17, 2026. The Tribunal will issue a list of participants shortly thereafter.

On September 21, 2026, the Tribunal will distribute the record to 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.

The Tribunal will hold a hearing relating to this expiry review commencing on October 26, 2026. The type of hearing will be communicated at a later date.

Written submissions, correspondence and requests for information regarding the Tribunal’s portion of this expiry review should be addressed to the Registry, Secretariat to the Canadian International Trade Tribunal, at citt-tcce@tribunal.gc.ca or you may reach the Registry at 613-993-3595.

Ottawa, March 2, 2026

ADDITIONAL INFORMATION

BACKGROUND INFORMATION

In this expiry review, the CBSA will first conduct an investigation to determine whether the expiry of the finding in respect of the subject goods is likely to result in the continuation or resumption of dumping of the subject goods. To this end, the CBSA will send questionnaires to domestic producers, importers and foreign producers to gather information for its investigation. Further information regarding the CBSA’s investigation can be obtained by contacting the CBSA SIMA Registry and Disclosure Unit, by telephone at 613-948-4605, or by email at simaregistry-depotlmsi@cbsa-asfc.gc.ca. A copy of the CBSA’s investigation schedule is available on the CBSA’s website.

If the CBSA determines that the expiry of the finding in respect of any goods is likely to result in the continuation or resumption of dumping, the Tribunal will conduct its portion of the expiry review, pursuant to the provisions of SIMA and its Expiry Review Guidelines, to determine if the continued or resumed dumping of the subject goods is likely to result in injury to the domestic industry. Upon receipt of the CBSA’s determination, if any, of a likelihood of continued or resumed dumping, the Tribunal will issue other questionnaires to domestic producers, certain importers, foreign producers, as well as any known trade unions that represent persons employed in the domestic industry, to gather information for the purposes of its expiry review.

The schedule for the Tribunal’s expiry review follows.

SUPPORT BY DOMESTIC PRODUCERS

Subsection 76.03(2) of SIMA provides that the Tribunal may terminate an expiry review at any time if, in the Tribunal’s opinion, the review is not supported by domestic producers. The question as to whether the expiry review is supported by domestic producers will be assessed by the Tribunal based on the circumstances specific to this case. However, the Tribunal will typically consider that the failure of domestic producers to file notices of participation with the Tribunal or to substantially participate in the expiry review indicates that the review is not supported.

The Tribunal therefore requires that each person or government wishing to participate in this expiry review and, most importantly, domestic producers, file their notices of participation no later than 15 days after the issuance of this notice.

REQUESTS FOR PRODUCT EXCLUSIONS

The Tribunal’s Guidelines on Product Exclusion Requests describe the procedure for filing requests for specific product exclusions. Forms are available on the Tribunal’s website to facilitate the filing of product exclusion requests, responses and replies to responses.

PROCEDURE FOR E-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.

HEARING

The Tribunal will hold a hearing relating to this expiry review commencing on October 26, 2026. The type of hearing will be communicated at a later date.

INTERPRETATION AT THE HEARING

To facilitate management of interpretation requirements:

• 25 days prior to the hearing, parties are to advise the Tribunal and all parties, in writing, which language(s) their counsel and witnesses will be using.

At least twenty (20) days before the hearing (October 6, 2026), and pursuant to subrule 23(4) of the Rules, parties must notify the Tribunal and all other parties in writing of any requirement for interpretation services in one of the official languages. To ensure the efficient use of interpretation resources, parties must indicate which specific testimonies or portions of the hearing will require interpretation and identify the language of the testimony. If interpretation is required in a language other than the two official languages, parties must arrange and bear the cost of the service and coordinate all related logistics with the Registry.

OTHER INFORMATION

The Canadian International Trade Tribunal Rules govern these proceedings.

In accordance with section 46 of the Canadian International Trade Tribunal Act, a person who provides information to the Tribunal and who wishes some or all of 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. Please consult the Tribunal’s Confidentiality Guidelines for more information.

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

Please consult the Expiry Review Guidelines for more information.

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 counsel and self-represented participants, as well as to persons and organizations that have registered to receive decisions of the Tribunal.

EXPIRY REVIEW SCHEDULE