On the 26th of July 2019, ITAC initiated a sunset review on Frozen Potato Chips imported from Belgium and The Netherlands. According to the ITAC regulations, a sunset review is initiated when an applicant proves beyond reasonable doubt that the expiry of antidumping duties would likely lead to the recurrence of material injury. The applicant McCain Foods SA requested that the anti-dumping duties on Frozen Potato chips be extended for another 5 years. The original antidumping duties were imposed on the 8th of August 2014 under the tariff subheading 2004.10.20.
The subject product under investigation is chips or French Fries, prepared by blanching in water and prevented from discoloration by blanching in oil, frozen but not further prepared or processed (whether or not containing added dextrose) and other Chips or French Fries classifiable under the tariff subheadings 2004.10.21 and 2004.10.29.
The period of investigation for dumping is from 01 July 2017 to 30 June 2018 while the period of investigation for material injury is from 01 July 2015 to 30 June 2018.
All interested parties have 30 days to submit information to ITAC in the form of completed importer and exporter questionnaires. If companies did not export during the investigation period, they are still accorded a chance to respond and have their duty position re-evaluated.
It is extremely important for both exporters and importers to respond. If importers co-operate a lesser duty rule can be applied. The lesser duty rule allows ITAC to impose a duty which is the lower margin of dumping and the margin of injury. The outcome is that the exporter may end up with a much lower duty or no duty at all.
Interested parties have up until the 26th of August to make a submission. Extensions may be granted of not more than 14 days if good causes is provided.