The Canadian International Trade Tribunal initiated a preliminary injury inquiry to determine whether there is evidence that discloses a reasonable indication that the dumping and subsidizing of high protein content (“HPC”) pea protein originating in or exported from the People’s Republic of China in all physical forms regardless of packaging, with a minimum pea protein content of 65 percent on a dry weight basis calculated using a Jones factor of 6.25, but excluding texturized pea protein and HPC pea protein that has been incorporated into finished products where the HPC pea protein itself is further processed such that it does not retain its original physical and chemical characteristics and other properties (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. 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 May 6, 2024. 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 May 6, 2024.
On May 9, 2024, 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.
This notice is available in its entirety on the Canadian International Trade Tribunal (CITT) website.