Memorandum D15-2-8

Refined Sugar Originating In or Exported From the United States of America

Ottawa, March 14, 2012

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Refined Sugar Originating In or Exported From the United States of America

This memorandum refers to the application of anti-dumping duty in accordance with section 3 of the Special Import Measures Act, on imports of refined sugar originating in or exported from the United States of America. The duty is applied as a result of the finding of threat of injury by the Canadian International Trade Tribunal.

Guidelines and General Information

1. The subject goods are defined as:

“Refined sugar, refined from sugar cane or sugar beets, in granulated, liquid, and powdered form, originating in or exported from the United States of America, excluding the goods listed in the Appendix.”

2. The dates of the proceedings and findings concerning this case are:

Action	Date
Initiation of Investigation	March 17, 1995
Preliminary Determination	July 7, 1995
Final Determination	October 5, 1995
Canadian International Trade Tribunal Finding	November 6, 1995
Remission Order	October 23, 1997
Tribunal's Review of Finding	November 3, 2000
Tribunal's Review of Order	November 2, 2005
Tribunal's Review of Order	November 1, 2010

3. The subject goods are usually classified under the following Harmonized System classification numbers:

• 1701.91.90.11
• 1701.91.90.19
• 1701.91.90.21
• 1701.91.90.29
• 1701.91.90.91
• 1701.91.90.99
• 1701.99.90.10
• 1701.99.90.21
• 1701.99.90.27
• 1701.99.90.28
• 1701.99.90.90
• 1702.90.11.00
• 1702.90.12.00
• 1702.90.13.00
• 1702.90.14.00
• 1702.90.15.00
• 1702.90.16.00
• 1702.90.17.00
• 1702.90.18.00
• 1702.90.69.00
• 1702.90.89.10

4. The liability for anti-dumping duty results from the proceedings conducted under SIMA and from the finding made by the Canadian International Trade Tribunal. Information regarding the normal values of the subject goods and the amount of anti-dumping payable should be obtained from the exporters. Related information may be made available to importers on a need-to-know basis in accordance with the provisions of Memorandum D14-1-2, Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established Under the Special Import Measures Act to Importers.

5. For importations of the subject goods produced or exported by a company in the United States of America that has not been issued its own normal values, the anti-dumping duty is 78% taken as a percent of the export price, as determined under section 24, 25 or 29 of SIMA.

6. On November 1, 2010, the Tribunal rescinded the orders concerning the dumping of refined sugar originating in or exported from Denmark, the Federal Republic of Germany, the Netherlands and the United Kingdom and the subsidization of refined sugar originating in or exported from the European Union. The CBSA will therefore not levy anti-dumping or countervailing duties with respect to such goods released from the CBSA on or after November 1, 2010.

Appendix – Product Definition and Exclusions

The subject goods are defined as:

Refined sugar, refined from sugar cane or sugar beets, in granulated, liquid, and powdered form.

Refined sugar is sold as white granulated, liquid and specialty sugars. Granulated sugar comes in a range of grain fractions (e.g., medium, fine and extra fine). Liquid sugar includes invert sugar. Specialty sugars include soft yellow sugar, brown sugar, icing sugar, demerara sugar and others and may be sold in granulated, liquid or powdered form. 

Exclusions as of November 6, 1995

1. Co-crystallized products – For greater clarity, these products are comprised of sugar syrups or liquid sucrose blends and one or more non-sucrose ingredients combined through a co-crystallization process to form a dry solid structure in granulated or powder form.

2. Pearl sugar – For greater clarity, pearl sugar is hard granulated sugar, pellet-formed by subjecting sugar syrup to intense heat. The pellet, which is the size of a pea, is shaped like a football. It is coarser than coarse sugar, i.e. confectioners' sugar.

3. Bottler's floc-free beet sugar – Imported by McNeil Consumer Products Company for use in pharmaceutical preparations.

4. Lyle's Golden Syrup – Produced by Tate & Lyle PLC.

5. Lyle's Pouring Syrup – Produced by Tate & Lyle PLC.

6. Daddy brand wrapped sugar dominoes in 1-kg boxes – For greater clarity, these are sugar cubes which are wrapped in illustrated paper wrappings, each of which contains two sugar cubes.

7. Daddy brand wrapped sugar cubes in 5-kg boxes containing 960 portions – For greater clarity, each portion contains two sugar cubes which are wrapped in illustrated paper wrappings.

8. Saint Louis brand pre-cut brown cane sugar lumps in 1-kg boxes – For greater clarity, these are rough-shaped sugar lumps comprised of brown cane sugar.

9. Daddy brand shaped white sugar pieces in 500-g boxes – For greater clarity, these sugar pieces are pre-cut into diamond, heart, spade and club shapes.

10. Daddy brand brown or blond "Vergeoise" sugar in 500-g cases.

11. Comptoir du Sud brand brown and white sugar pieces in 1-kg and 500-g boxes.

12. Daddy brand brown coffee sugar in 500-g box packets – For greater clarity, this is a large granule brown sugar.

13. Demerara sugar cubes – Produced by Tate & Lyle PLC.

14. Amber sugar crystals – Produced by Tate & Lyle PLC. For greater clarity, these are large sugar crystals in varying shades of brown.

15. Low-colour liquid sucrose with a colour no higher than 10 maximum ICUMSA (International Commission for Uniform Methods of Sugar Analysis) colour units and distiller's grade liquid sucrose imported by Gilbey Canada Inc. for use as ingredients in its production process.

Additional Exclusions as of November 3, 2000

16. Bottler's floc-free beet sugar imported for use in pharmaceutical preparations where it is established by the importer that floc-free beet sugar from Canadian sources does not meet the applicable product specifications.

17. Golden, pouring and other table syrups imported in retail-ready packaging in containers not exceeding 3 litres.

18. Subject to the exception below, specialty wrapped sugar cubes, each individual wrapping containing not more than 3 sugar cubes, imported in retail-ready packages not exceeding 5 kg in weight. This exclusion does not include generic wrapped white sugar cubes (i.e. where the illustration consists of primarily a trade-mark, trade name, company name or other commercial identification as opposed to a unique illustration).

19. Pre-cut specialty shaped sugar pieces, imported in retail-ready packaging, in packages not exceeding 1 kg in weight – For greater clarity, these include diamond-, heart-, spade- and club-shaped sugar but do not include cube- or domino- (i.e. rectangular) shaped sugar.

20. Rough-shaped lumps and pieces, in lumps or pieces weighing between 3 and 10 grams on average, imported in retail-ready packaging, in individual packages not exceeding 1 kg in weight.

21. Very large crystal sugar, in crystals exceeding 0.05 g in weight on average, imported in retail-ready packaging, in individual packages not exceeding 1 kg in weight.

22. Specialty sugar cubes and dominoes (i.e. rectangles), made from demerara, brown, yellow or any other non-white sugar, imported in retail-ready packaging, in packages not exceeding 1 kg in weight – For greater clarity, this does not include any sugar cube or domino made from white granulated sugar.

23. Low-colour liquid sucrose with a colour no higher than 10 ICUMSA (International Commission for Uniform Methods of Sugar Analysis) colour units and distiller's grade liquid sucrose imported for use in the production of distilled spirits where it is established by the importer that low-colour liquid sucrose and distiller's grade liquid sucrose from Canadian sources do not meet the applicable product specifications.

24. Organic sugar meeting the requirements of the Canadian General Standards Board standard No. CAN/CGSB-32.310-99 (Organic Agriculture), the U.S. Federal Organic Foods Production Act of 1990 or any rules adopted under that act, or the European Union EN2092/94 (Organic Regulation), where it is accompanied by a transaction certificate affirming compliance with the standard signed by an ISO Guide 65 accredited certifying authority.

Additional Exclusion as of November 2, 2005

25. Individually wrapped rectangular cane sugar tablets.

References

Issuing office	Anti-dumping and Countervailing Directorate Programs Branch
Headquarters file	4237-80
Legislative references	Special Import Measures Act, section 3
Other references	D14-1-2
Superseded memoranda D	D15-2-8, December 22, 2010