Text Version of the Injury Inquiry Flow Chart

Appendix 1 is a flowchart depicting the preliminary and final injury inquiry process.

Upon receipt of a properly documented dumping and/or subsidizing complaint, the Canada Border Services Agency (CBSA) decides whether to initiate a dumping and/or subsidizing investigation.

If the CBSA decides not to initiate an investigation, the case is terminated.

If the CBSA decides to initiate an investigation, the Tribunal initiates a preliminary injury inquiry.

The following describes the Tribunal’s preliminary injury inquiry phase:

The Tribunal has 60 days to determine whether there is a reasonable indication of injury or retardation or threat of injury caused by the alleged injurious dumping and/or subsidizing of imports.

If the Tribunal finds that there is no injury or retardation and no threat of injury, the proceedings, including the CBSA’s dumping and subsidizing investigation, are terminated.

If the Tribunal finds that there is injury or retardation or threat of injury, the CBSA continues its dumping and/or subsidizing investigation.

On Day 90 from the initiation of its dumping and/or subsidizing investigation, the CBSA makes a preliminary determination of dumping and/or subsidizing.

If the CBSA makes a negative preliminary determination, i.e. it finds no dumping and no subsidizing, its investigation is terminated, and the Tribunal’s injury inquiry does not commence.

If the CBSA makes an affirmative preliminary determination, i.e. it finds dumping and/or subsidizing, it decides whether the imposition of provisional duties is warranted.

Not later than 60 days after the CBSA makes its affirmative preliminary determination of dumping and/or subsidizing, it can accept undertakings from exporters, or foreign governments in subsidy cases, and subsequently decide to suspend its investigation.

The following describes the Tribunal’s final injury inquiry phase:

Upon receipt of an affirmative preliminary determination of dumping and/or subsidizing from the CBSA, the Tribunal issues a notice of commencement of inquiry and posts the questionnaires to be completed on its Web site. Following receipt of questionnaire replies, the Tribunal issues an investigation report and distributes the official record, and parties are invited to file submissions.

On Day 90 from the date the CBSA makes its affirmative preliminary determination of dumping and/or subsidizing, it issues its final determination of dumping and/or subsidizing. If it finds no dumping and no subsidizing, its proceedings and the Tribunal’s final injury inquiry are terminated, and the CBSA refunds any provisional duties collected. Otherwise, the Tribunal’s final injury inquiry continues and the Tribunal holds an oral hearing.

Approximately 30 days after the oral hearing, i.e. on or about Day 120 from the initiation of its final injury inquiry, the Tribunal issues its finding with reasons to follow 15 days later.

If the Tribunal finds no injury or retardation, the CBSA refunds any provisional duties that were collected. If the Tribunal finds injury or retardation, the CBSA imposes final duties. If the Tribunal finds threat of injury, the CBSA refunds any provisional duties that were collected and imposes final duties from the date of the finding.

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

After a finding of injury, threat of injury or retardation, an interested person may request a public interest investigation.