Women’s boots from China have been subject to anti-dumping duties since May 3, 1990. The original finding was renewed at five-year intervals in 1995 and again in 2000. The dumping duties imposed on women’s boots changed over the years but for the most part were 29 per cent until January 31, 2005 when the CBSA raised the dumping duty to 72.1 per cent.
On August 18, 2004, the CITT commenced an expiry review to consider the issue of whether the finding (and the new 72.1 per cent dumping duty) should be renewed for another five years. The CBSA had already decided that there was a likelihood of continued dumping if the finding would be rescinded; therefore, the CITT dealt with the issue of whether the likely continued dumping would cause material injury to the Canadian producers, if the finding were rescinded.
There were five Canadian producers of women’s boots supporting a continuation of the finding and duties. A coalition of footwear importers and Aldo Group supported a rescission of the finding, and several other importers requested product exclusions.
On April 29, 2005, the CITT decided that the finding should be rescinded. This represented the first finding on footwear to be rescinded in its entirety in 15 years. Other findings against rubber waterproof footwear, waterproof footwear, and leather safety footwear are still in place.
The coalition of footwear importers, which included Sherson Group (Nine West), Town Shoes and the Shoe Company, Le Château, Reebok Canada, Sterling Shoes and others under the umbrella of the Canadian Association of Importers and Exporters, were represented by Greg Kanargelidis and Ken Purchase of Blake, Cassels & Graydon LLP with assistance from Meghan Gardner, Marianne Smith and Cliff Sosnow.
Gregory Somers, Benjamin Bedard, Paul Conlin, and Michael O’Neill of Ogilvy Renault LLP represented the Shoe Manufacturers’ Association of Canada and Penshu Inc., who opposed the rescission.
Michael Kaylor of Lapointe Rosenstein and Zave Kaufman of Delmar International Inc. represented Aldo Group Inc. Zave Kaufman also represented Stage 4 International Footwear, Inc. Richard Gottlieb of Gottlieb & Pearson represented Wolverine World Wide Canada.
Gerry Stobo, Dina Logan, and Jack Hughes of Borden Ladner Gervais LLP represented New Balance Canada Inc. Richard Dearden and Andrew Kidd of Gowling Lafleur Henderson LLP represented Nike Canada Ltd. along with Rosemary Anderson of Thorsteinssons LLP.