The Canada Border Services Agency (CBSA) conducts anti-circumvention investigations under the Special Import Measures Act (SIMA) to determine whether circumvention of an existing anti-dumping or countervailing measure (i.e. an injury finding or order continuing an injury finding made by Tribunal) is occurring. If the CBSA finds that goods are circumventing the Tribunal’s finding or order, the CBSA will notify the Tribunal and the Tribunal will amend its finding or order to extend anti-dumping or countervailing duties to the goods. A flow chart of the investigation process is set out in Appendix 1.
The CBSA can make three types of circumvention decisions:
- circumvention (original investigation);
- interim review of circumvention;
- request for an exemption by an exporter.
Where it finds circumvention (section 75.1 of SIMA), the CBSA must file with the Tribunal its decision and reasons, its administrative record and the statement of essential facts. For interim reviews of circumvention and exporter exemption decisions (sections 75.4 and 75.6 of SIMA), the CBSA need only file its decision and reasons.
These guidelines focus on the roles, responsibilities and procedures of the Tribunal in Anti‑Circumvention proceedings, and provide an overview of the CBSA’s key milestones. For additional information on the CBSA’s roles, responsibilities and procedures, refer to its Information relating to Anti‑Circumvention Investigations conducted pursuant to the SIMA.
The Tribunal does not inquire into the matter itself nor does it hear from parties. Rather, the Tribunal’s jurisdiction is limited to amending its finding or order without delay. Further to subsection 3.2(d) of the Canadian International Trade Tribunal Regulations, a single member of the Tribunal will make and have issued an order amending the finding or order. The Tribunal will endeavour to notify the CBSA and all interested parties of the amended finding or order within 10 working days of receipt of notice from the CBSA of a circumvention decision. The Tribunal will not provide reasons for its order as it has no discretion in the matter.
Any questions regarding these guidelines or any related matter should be addressed to:
Secretariat to the Canadian International Trade Tribunal
333 Laurier Avenue West
Ottawa, Ontario K1A 0G7
Flow chart of anti-circumvention investigation under s. 75.1 of SIMA
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