Text Version of Expiry Review (Draft) Flow Chart

Appendix 1 is a flowchart depicting the expiry review process.

The following describes the Tribunal’s expiry proceedings:

No later than 2 months prior to the expiry date of a finding or order, the Tribunal issues a notice of expiry. Parties are invited to file submissions requesting or opposing the initiation of an expiry review, and the Tribunal makes its decision on whether to initiate an expiry review, usually within 50 days of the notice of expiry.

If the Tribunal decides that an expiry review is not warranted, it issues a decision to that effect, with reasons to follow 15 days later. In such cases, the finding or order expires at the expiration date. If the Tribunal decides that an expiry review is warranted, it issues a notice of expiry review.

The following describes the expiry review process:

Upon receipt of the Tribunal’s notice of expiry review, the CBSA initiates its expiry review investigation to determine the likelihood of continued or resumed dumping and/or subsidizing. On or about Day 150, the CBSA issues its determination, with its reasons to follow 15 days later.

If the CBSA determines that the expiry of the finding or order is not likely to result in the continuation or resumption of dumping and/or subsidizing, it issues a decision to that effect, with reasons to follow 15 days later. Then the Tribunal issues an order allowing the finding or order to expire at the end of the five-year period.

If the CBSA determines that the expiry of the finding or order is likely to result in the continuation or resumption of dumping and/or subsidizing, it issues its decision to that effect, with reasons to follow 15 days later. Upon receipt of the CBSA’s affirmative determination, the Tribunal commences its 160-day portion of the expiry review, during which it holds an oral hearing. On or about Day 310 from the CBSA’s determination of likelihood of continued or resumed dumping and/or subsidizing, or on or about Day 160 of the Tribunal’s expiry review, the Tribunal issues its determination of likelihood of injury or retardation caused by the continued or resumed dumping and/or subsidizing.

If the Tribunal determines that the expiry of the finding or order is not likely to result in injury or retardation, it issues an order rescinding the finding or order usually at the end of the five-year period, with reasons to follow if applicable.

If the Tribunal determines that the expiry of the finding or order is likely to result in injury or retardation, it issues an order continuing the order or finding, with or without amendment. Reasons for its decision follow 15 days later. In complex cases, the statement of reasons may be issued later.

A party may request a judicial review by the Federal Court of Appeal or binational panel review of the Tribunal’s decision.