On 27th November 2019, the Canada Border Services Agency (CBSA) published a Notice of Re-investigation (DWP-2019-RI) of the normal values, export prices and amounts of subsidy respecting imports of certain dry wheat pasta from Turkey. This re-investigation is further to the Canadian International Trade Tribunal’s finding on 26th July 2018 (Inquiry No. NQ-2017-005) that dumped and subsidized imports of dry wheat pasta from Turkey have caused material injury to the Canadian domestic pasta industry. Pursuant to this finding, anti-dumping and countervailing duty measures are currently applied under the Special Import Measures Act (SIMA) to imports of dry wheat pasta from Turkey.

As part of the ongoing enforcement of these measures, the purpose of the re-investigation is to determine whether the amounts of the anti-dumping and countervailing duties on imports of Turkish pasta need to be adjusted.

The subject goods include all dry wheat-based pasta products from Turkey, whether or not they are enriched, fortified, organic, whole wheat or made containing milk or other ingredients (provided they are not stuffed or otherwise prepared and contain no more than two percent eggs). Refrigerated, frozen or canned pasta products are expressly excluded.

The CBSA’s re-investigation schedule has been posted online. Importers must file their responses to the CBSA’s requests for information no later than Wednesday 18th December 2019. The exporter and government responses must then be filed by Friday 17th January 2020. The record will close on 7th April 2020, after which interested parties may file (i) case arguments by 12 noon on Tuesday 14th April 2020, and (ii) reply submissions by 12 noon on Tuesday 21st April 2020. The CBSA is expected to conclude the re-investigation and issue its determinations on or about Thursday 7th May 2020.

Tereposky & DeRose represents the Canadian Pasta Manufacturers Association (CPMA) in this matter and regularly provides advice on other anti-dumping and countervailing duty matters. Should you have any questions regarding anti-dumping and countervailing duty issues, we are at your disposal.