Safeguard Inquiry Flow Chart Text Version
Appendix 1 is a flowchart depicting the conduct of a safeguard inquiry.
Upon receipt of a complaint filed by a domestic producer, the Tribunal must decide within 21 days whether the complaint is properly documented. Any request for additional information restarts the count for the 21‑day time frame.
If the Tribunal determines that the written complaint of serious injury is not properly documented, it may ask the complainant to provide additional information within the 21-day time frame. After examining the additional information provided by the complainant, the Tribunal can either determine that the complaint is properly documented or terminate the safeguard inquiry process. If the Tribunal determines that the complaint is not properly documented, the Tribunal notifies the complainant of its decision and provides it with reasons for its decision.
If the Tribunal decides that the complaint is properly documented, it notifies the complainant and other interested persons and governments. The Tribunal then has 30 days to make a decision on whether the three conditions to initiate a safeguard inquiry have been met, i.e. there is a reasonable indication of serious injury or threat thereof, the complainant has standing, and there have been no recent similar cases in the last two years since the filing of the complaint.
If the Tribunal decides that the conditions have not been met, it does not initiate a safeguard inquiry and the safeguard inquiry is terminated. It provides reasons for its decision and notifies the complainant and other interested persons and governments.
If the Tribunal decides that conditions have been met, it initiates a safeguard inquiry, provides reasons for its decision, notifies the complainant and other interested persons and governments, and posts questionnaires on its Web site.
If the Tribunal finds that the injury to domestic producers is caused by the dumping and/or subsidizing of imports, it refers the case to the CBSA and suspends the safeguard inquiry.
A safeguard inquiry can also be initiated upon direct referral from the Government.
After receipt of the replies to the questionnaires, the Tribunal issues an investigation report, receives submissions from parties and conducts an oral hearing. During or after the safeguard inquiry, the Government may direct the Tribunal to examine and report on any matter, including safeguard measures, related to the safeguard inquiry and provide a report.
On Day 180 of a standard case, or on Day 270 of a complex case, the Tribunal submits its report to the Government containing its determination as to whether there is serious injury, or thereat thereof, to domestic producers.
When the Government directs the Tribunal to recommend the most appropriate safeguard measures in the event of an affirmative determination of serious injury, or threat thereof, to domestic producers, the Tribunal has until Day 270 to present its report to the Government with recommendations.
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