On March 20, 2019, the Canada Border Services Agency (CBSA), pursuant to paragraph 41(1)(b) of the Special Import Measures Act (SIMA), made a final determination of dumping in respect of certain nitisinone capsules from Sweden.
The margins of dumping are:
|Exporter||Margin of Dumping|
|Swedish Orphan Biovitrum AB||1,594%|
|All Other Exporters||N/A|
The Canadian International Trade Tribunal (CITT) is continuing its inquiry into the question of injury to the domestic industry and will make an order or finding by April 18, 2019.
On September 21, 2018, the CBSA initiated an investigation respecting the alleged injurious dumping of nitisinone capsules from Sweden. The investigation follows a complaint filed by Laboratoirs KABS Inc. and MendeliKABS Inc.
The goods in question are normally classified under the following tariff classification numbers:
The subject goods are defined in the Complaint as:
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 the Kingdom of Sweden.
Additional product information can be found here.
The list of potential exporters and Statement of Reasons are here.
The CITT’s investigation in order to determine whether the dumping of 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 the Kingdom of Sweden, has caused injury or retardation or is threatening to cause injury.
We will be providing updates on this blog on the CBSA investigation and the CITT’s injury inquiry as they become available.
John Reiterowski, DS Lawyers Canada, LLP
DS Customs & Trade team located in Paris, Brussels, Montreal, Toronto, Lima, Singapore, Vietnam, Beijing, Guangzhou, Dakar and Cotonou is at your disposal to provide you with additional information.