On 21 September 2018, the Canada Border Services Agency (CBSA) initiated an investigation respecting the alleged injurious dumping of certain nitisinone capsules from Sweden. The investigation follows a complaint filed by Laboratoires KABS Inc. and MendeliKABS Inc.
The subject goods are capsules and tablets of nitisinone with a dosage of 2 mg, 5 mg, 10 mg and 20 mg, whether or not they are packaged for retail, originating in or exported from Sweden. They are commonly called nitisinone capsules. The chemical name and the active molecule of nitisinone is 2-(2-Nitro-4-Trifluoromethylbenzoyl)-1,3-Cyclohexanedione (“NTBC”) and its molecular form is C14H10F3NO5.
The investigation includes nitisinone that is packaged at the time it is imported for retail consumption (i.e., packaged in plastic or glass containers with an exact unit count of the capsules including blister packs). Nitisinone in bulk containers intended for bottling or packaging in Canada is also included. Nitisinone products in liquid suspension are excluded.
The goods in question are usually classified under the following tariff classification numbers: 3004.90.00.79, 3004.90.00.90, and 3003.90.00.90.
The CBSA will issue its preliminary determination regarding the alleged dumping on December 20, 2018. At that time, provisional anti-dumping duties could be applied.
Tereposky & DeRose regularly provides advice on Canadian anti-dumping and countervailing duty matters. Should you have any questions regarding this matter or anti-dumping and countervailing duty issues more generally, we are at your disposal.