1 April 2022
On 30 March 2022, the Canada Border Services Agency (CBSA) published the findings in the reinvestigation of the measures against dumping of refined sugar originating in or exported from the USA, Denmark, Germany, the Netherlands and UK as well as subsidisation of refined sugar originating in or exported from the EU.
Thanks to the continued efforts of the Dutch cooperating producer, CBSA has found all subsidy programmes reported to be non-specific, which includes decoupled support under the EU's Common Agricultural Programme. As a result, no countervailing duties will be levied on future refined sugar exports from this producer to Canada (down from the €243,90/tonne duty previously in place). On the dumping side, revised determination also led to a positive result.
Other EU sugar producers also see their access to the Canadian market bettered. Thanks to the cooperation of the European Commission and the support provided by the Dutch producer, countervailing duties applicable to the EU (except the Dutch one) have been reduced to €39.70/tonne, which is a substantial reduction from the formerly applicable duty of €243.90/tonne.
Antidumping and anti-subsidy duties had been in place since the first investigation in 1995. The results of this reinvestigation, and the "five-star" results for the EU cooperating company, demonstrate the critical importance for companies to actively participate in trade remedies investigations from foreign countries.
Gide is proud of having acted for the cooperating producer and to have contributed to achieve favourable results for the remainder of the EU sugar industry, particularly in safeguarding support under the EU's Common Agricultural Programme critical to European growers and producers of agricultural goods.
Gide's international trade and regulation partners are Olivier Prost and Anna Dias. Associates working on this case were Clément Bouvarel and Arnaud van de Putte, together with our correspondent lawyer in Canada..
CBSA's Notice of conclusion of reinvestigation is accessible here.