Text Version of Public Interest Inquiry Flow Chart

APPENDIX 1 is a flowchart depicting the public interest inquiry process.

The following describes the commencement phase:

The process starts with the receipt of a request for the commencement of a public interest inquiry. This request must be filed within 45 days of the Tribunal issuing an injury finding in order to be considered timely. If the Tribunal decides that the request is not properly documented, it can either terminate the matter or request additional information.

If the Tribunal decides that the request is properly documented and timely, it requests submissions and reply submissions in support of, or in opposition to, the request for a public interest inquiry. On the basis of submissions received, the Tribunal decides whether there are reasonable grounds to consider reducing or eliminating anti-dumping and/or countervailing duties and to commence a public interest inquiry.

If the answer is “no”, the Tribunal issues its decision, with reasons for its decision 15 days later.

If the answer is “yes”, the Tribunal issues a notice of commencement of public interest inquiry.

The following describes the investigation phase:

In the investigation phase, depending on the complexity of the case, the Tribunal may or may not issue questionnaires. Parties have an opportunity to file submissions, witness statements and reply submissions and, if necessary, the Tribunal holds an oral hearing. The Tribunal then issues its opinion as to whether a reduction of anti-dumping and/or countervailing duties is in the public interest.

If the Tribunal’s opinion is that the reduction of such duties is not warranted, it issues a report with supporting reasons.

If the Tribunal’s opinion is that a reduction of such duties is in the public interest, it issues a report to the Minister of Finance with recommendations, and supporting facts and reasons respecting a level of reduction of anti-dumping and/or countervailing duties, or respecting a price or prices that will eliminate injury, threat of injury or retardation affecting the domestic industry.

The Minister of Finance can either implement the Tribunal’s recommendations as formulated or modify them; in either case, a new duty regime is established for the Canada Border Services Agency to administer and any overpaid anti-dumping and/or countervailing duties are refunded; or the Minister of Finance can reject the Tribunal’s recommendations and, consequently, anti-dumping and/or countervailing duties continue to be collected.