Domestic producer’s response to a product exclusion request

Word Version

This form pertains to injury inquiries under section 42 and expiry reviews under sections 76.01 and 76.03 of the Special Import Measures Act.

Instructions

Complete a form for each product exclusion request.
File each form no later than the date set out in the inquiry or expiry review schedule.
Use the Canadian International Trade Tribunal’s Secure E-filing Service to electronically file your form(s). The information is fully encrypted.
Include all attachments in an electronic format.
If you want to designate some of the information as confidential, submit two versions to the Tribunal:
- A confidential version containing all the confidential information and marked “PROTECTED” on each page that contains confidential information. In addition, all confidential information should be highlighted by using shading, boldface characters or square brackets;
- A public version of the same document with the confidential information fully deleted (not just masked or hidden) if you’re filing electronically.
Instead of filing a public version, you can file a public summary of the confidential information. The Tribunal may request that you file one if the public version isn’t satisfactory. In either case, the public version or the public summary must give the party opposite and the Tribunal sufficient information to understand the nature of the confidential information.
Don’t include this page when filing your form(s).

Note: The Tribunal may require that counsel for the domestic industry serve their response on the Tribunal and on the party who filed the exclusion request simultaneously. If this is the case, parties will be informed.

Tribunal exhibit number of the request

Name of tribunal case

Tribunal case number

Representative or counsel information

Firm

Name

Address

City and province

Telephone

Fax

Postal code

1. If your company opposes or does not consent to the request in part, provide a description of that part of the request to which your company opposes or does not consent.

2. Does your company produce, in Canada, products that are identical in all respects to the products described in question 2 of the Product Exclusion Request form?

Yes

3. Provide evidence that you’ve recently produced and sold in Canada products that are identical in all respects to the products for which an exclusion is requested. Evidence can be in the form of production reports and sales invoices. If production reports or sales invoices don’t refer to the products in the same detail as set out in the description provided by the requester, provide additional information. Attach the evidence to this form to ensure that it can be linked to this response. Also include any available product literature respecting the identical product you have produced and sold.

4. If your company doesn’t produce identical products, does it produce and sell in Canada products that are substitutable for the products for which an exclusion is requested?

Yes

If so, describe the substitutable products produced by your company as set out in the description provided by the requester.

Characteristics of substitutable products

Characteristics	Descriptions
Characteristics	Descriptions
Characteristics	Descriptions
Characteristics	Descriptions
Characteristics	Descriptions
Characteristics	Descriptions
Characteristics	Descriptions
Characteristics	Descriptions

Provide evidence that the products that are substitutable for the products described in the request have recently been produced or sold in Canada by your company. Evidence can be in the form of production reports and sales invoices. If the production reports or sales invoices don’t refer to the products described in the table, provide additional information that indicates that the products have been produced or sold. Attach the evidence to this form to ensure that it can be linked to this response. Also include any available product literature respecting the substitutable product you have produced and sold.

5. If your company hasn’t produced and sold in Canada products that are identical to or substitutable for the products for which an exclusion is requested, is it capable of doing so?

Yes

6. If you answered yes, indicate if the product your company can produce is identical to or substitutable for the products for which an exclusion is requested.

identical

substitutable

7. If you are capable of producing an identical or substitutable product, explain why you haven’t and provide evidence of your production capability, including:

evidence of the production and sale of similar products;
certification of the identical or substitutable products by potential buyers of the products;
information about how you can produce the products and at what cost they could be produced; and
any plans for the imminent production of the products or orders for the products and any relevant information.

8. Additional comments including any other information that will assist the Tribunal in reaching a decision on the request for product exclusion.

I certify that the information supplied in this form is complete and correct to the best of my knowledge and belief.

Name of authorized official

Title of authorized official

Date

I understand that checking this box constitutes my legally binding signature.

This box must be checked for the form to be considered complete.

If you provided confidential information, you must designate it as such and provide a public summary that contains sufficient detail to convey a reasonable understanding of the substance of the information.

Domestic producer’s response to a product exclusion request

Instructions

Company information

Representative or counsel information

Characteristics of substitutable products

Mandates

Accountability

Resources

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