Annual Report March 31, 2018- Chapter I

Chapter I - Summary

Introduction

The Canadian International Trade Tribunal is recognized, both here at home and on the international stage, as a centre of excellence in the fair and timely resolution of trade law matters. The Tribunal is a quasi‑judicial body which provides Canadian and international businesses with access to fair, transparent and timely trade remedy and federal government procurement inquiries, and customs and excise tax appeals. At the request of the Government, the Tribunal provides advice in economic and tariff matters.

History of the Tribunal

The Tribunal began operations on December 31, 1988, following the merger of the Tariff Board, the Canadian Import Tribunal and the Textile and Clothing Board. However, its history goes back to the time of Confederation and the Board of Customs, whose appellate mandate was transferred to the Tariff Board in the 1950s.

1931 The Tariff Board was established to inquire into economic matters referred to it by the Minister of Finance.
1969 The Canadian Import Tribunal was originally established in 1969 as the Anti-dumping Tribunal. Its name change reflected a broader mandate to conduct injury inquiries in both anti-dumping and countervailing duty proceedings under the Special Import Measures Act (SIMA), as well as in safeguard cases.
1970s The Tribunal’s third predecessor, the Textile and Clothing Board, was formed in the early 1970s and inquired into safeguard complaints by the Canadian textile and apparel industries.
1994 The Tribunal absorbed the Procurement Review Board, extending the Tribunal’s mandate to include inquiries into whether federal procurement processes have been carried out in accordance with Canada’s domestic and international trade obligations.
2014 November 1, 2014 saw the establishment of the Administrative Tribunals Support Service of Canada (ATSSC) upon which the Tribunal relies on for support services and facilities.

Anti-Dumping Injury Inquiries

The Tribunal plays a significant role within Canada’s trade remedy system. Under SIMA, the Tribunal determines whether the dumping and subsidizing of imported goods cause injury or threaten to cause injury to a domestic industry. The Tribunal issued 21 trade remedies decisions during the fiscal year—compared to 12 the year before. These decisions related primarily to the steel sector, but also concerned products such as silicon metal, polyethylene terephthalate resin, liquid dielectric transformers, copper pipe fittings, and dry wheat pasta. All the decisions were issued within the tight deadlines set out in SIMA.

Dumping occurs when a foreign producer exports at a price that is lower than their normal value (generally, either the domestic selling price of comparable goods in the country of export, or the constructed cost of production of the goods exported to Canada).

Subsidizing occurs when goods imported into Canada benefit from foreign government financial assistance.

Procurement Inquiries

During fiscal year 2017-2018, the Tribunal received 67 complaints pertaining to more than $4.5 billion in federal procurement. The Tribunal issued 66 decisions on whether to accept complaints for injury. The Tribunal also issued 27 final decisions on merit where complaints were accepted for inquiry. Combined, this represented a total of 93 decisions compared to 94 the year before. All procurement review decisions were issued within legislated deadlines.

Customs and Excise Appeals

A total of 68 appeals were filed during the reporting period, up from 52 the year before. The Tribunal issued 28 decisions under the Customs Act. All of the appeals were decided within 120 days of being heard by the Tribunal, exceeding the Tribunal’s target of 90%. The average appeal was decided within 72 days of hearing, down 15 days from the previous year.

Caseload

The first table below contains statistics pertaining to the Tribunal’s caseload for 2017-2018. The second table contains statistics relating to other case-related activities in 2017-2018. These statistics illustrate the complexity and diversity of the cases considered by the Tribunal.

Tribunal Caseload Overview—2017-2018
  Cases Brought Forward From Previous Fiscal Year Cases Received in Fiscal Year Total Decisions to Initiate Decisions Not to Initiate Total Decisions/ Reports Issued Cases Withdrawn/ Closed Cases Outstanding (March 31, 2018)
Trade remedies
Preliminary injury inquiries 1 4 5 N/A N/A 5 0 0
Inquiries 2 5 7 N/A N/A 5 0 2
Requests for public interest inquiries 0 0 0 0 0 0 0 0
Public interest inquiries 0 0 0 0 0 0 0 0
Requests for interim reviews 1 1 2 0 1 1 0 1
Interim reviews 1 0 1 N/A N/A 1 0 0
Expiries1 1 5 6 6 0 6 0 0
Expiry reviews 1 6 7 N/A N/A 2 0 5
Remanded cases 0 1 1 N/A N/A 1 0 0
Total 7 22 29 6 1 21 0 8
Procurement
Complaints received 2 67 69 25 41 66 2 1
Complaints accepted for inquiry 7 N/A 7 N/A N/A 17 10 5
Remanded cases2 0 1 1 N/A N/A 1 N/A 0
Total 9 68 77 25 41 84 12 6
Appeals
Extensions of time                
Customs Act 1 1 2 N/A N/A 2 0 0
Excise Tax Act 0 0 0 N/A N/A 0 0 0
Total 1 1 2 N/A N/A 2 0 0
Appeals
Customs Act 39 65 104 N/A N/A 28 19 57
Excise Tax Act 0 2 2 N/A N/A 0 2 0
Special Import Measures Act 0 1 1 N/A N/A 0 0 1
Remanded cases 0 0 0 N/A N/A 0 0 0
Total 39 68 107 N/A N/A 28 21 58

1. With respect to expiries, “decisions to initiate” refer to decisions to initiate expiry reviews.

2. Where a single remand decision is issued in respect of multiple cases, it is accounted for as a single remanded case.

N/A = Not applicable

Statistics Relating to Case Activities in 2017-2018
  Trade Remedy Activities Procurement Review Activities Appeals Standing Textile Reference Total
Orders
Disclosure orders 28 0 0 0 28
Cost award orders N/A 7 N/A N/A 7
Compensation orders N/A 2 N/A N/A 2
Production orders 1 1 1 0 8
Postponement of award orders N/A 8 N/A N/A 8
Rescission of postponement of award orders N/A 5 N/A N/A 5
Directions/administrative rulings
Requests for information 150 0 0 0 150
Motions 1 5 2 0 8
Subpoenas 3 0 0 0 3
Other statistics
Public hearing days 21 2 20 0 43
File hearings1 15 68 11 0 94
Witnesses 83 2 31 0 116
Participants 170 105 100 0 374
Questionnaire replies 276 0 0 0 276
Pages of official records2 106,526 45,169 30,046 0 181,741

1. A file hearing occurs where the Tribunal renders a decision on the basis of written submissions, without holding a public hearing.

2. Estimated.

N/A = Not applicable