Anti-Dumping Case Results in No Injury Finding

On August 18, 2004, the Canadian International Trade Tribunal (CITT) ruled that the dumping of frozen self-rising pizza originating in or exported from the United States had not injured and was not threatening to injure the Canadian frozen self-rising pizza industry. The two major parties in this proceeding were McCain Foods Ltd. of Florenceville, New Brunswick, and Kraft Canada of Don Mills, Ontario.

McCain launched the anti-dumping investigation, alleging that its frozen self-rising pizza production was being materially injured by Kraft Canada’s imports of its Delissio frozen self-rising pizza.

An oral hearing was scheduled to commence before the CITT on August 16, but on August 10, McCain withdrew its participation in the Tribunal’s inquiry. Consequently, the Tribunal cancelled the hearing and made a no injury finding on the basis of the remaining documents on the record.
As a result of the Tribunal’s finding, frozen self-rising pizza imports into Canada from the United States will not be subject to anti-dumping duties.

McCain Foods was represented by Randall Hofley, Susan Hutton and Kim Alexander-Cook of Stikeman Elliott LLP.

Kraft Canada was represented by Richard Dearden, Wendy Wagner, Scott Little and Andrew Kidd of Gowling Lafleur Henderson LLP, and Kathleen Macmillan of International Trade Policy Consultants, Inc.

Canada Safeway Ltd. (an importer of frozen self-rising pizza into Canada) was represented by Riyaz Dattu, John Boscariol and Orlando Silva of McCarthy Tétrault LLP. Palermo Villa Inc. (a US exporter of frozen self-rising pizza) was represented by Darrel Pearson and Eli Fellman of Gottlieb & Pearson.