The Canada Border Services Agency (CBSA) conducts anti-circumvention investigations under the Special Import Measures Act to determine whether circumvention of an existing anti-dumping or countervailing measure (i.e. an injury finding or order continuing an injury finding made by the Tribunal) is occurring. If the CBSA finds that goods are circumventing the Tribunal’s finding or order, the CBSA will notify the Tribunal and the Tribunal will amend its finding or order to extend anti-dumping or countervailing duties to the goods. A flowchart of the investigation process is set out in the appendix.
The CBSA can make types of circumvention decisions:
- circumvention (original investigation);
- interim review of circumvention;
- request for an exemption by an exporter.
Where it finds circumvention (section 75.1 of the Act), the CBSA must file with the Tribunal its decision and reasons, its administrative record and the statement of essential facts. For interim reviews of circumvention and exporter exemption decisions (sections 75.4 and 75.6 of the Act), the CBSA need only file its decision and reasons.
These guidelines focus on the roles, responsibilities and procedures of the Tribunal in anti circumvention proceedings, and provide an overview of the CBSA’s key milestones. For additional information on the CBSA’s roles, responsibilities and procedures, refer to its web page on anti-circumvention investigations conducted pursuant to the Act.
The Tribunal does not inquire into the matter itself nor does it hear from parties. Rather, the Tribunal’s jurisdiction is limited to amending its finding or order without delay. Further to paragraph 3.2(d) of the Canadian International Trade Tribunal Regulations, a single member of the Tribunal will make and have issued an order amending the finding or order. The Tribunal will endeavour to notify the CBSA and all interested parties of the amended finding or order within 10 working days of receipt of notice from the CBSA of a circumvention decision. The Tribunal will not provide reasons for its order as it has no discretion in the matter.
Any questions regarding these guidelines or any related matter should be addressed to:
Secretariat to the Canadian International Trade Tribunal
333 Laurier Avenue West
Ottawa, Ontario K1A 0G7
Appendix—Anti-circumvention investigation carried out under the Special Import Measures Act
Flowchart depicting an anti-circumvention investigation carried out under the Special Import Measures Act.
The flowchart depicts the anti-circumvention investigation timelines following the receipt of a complaint. The process generally takes about 225 days from the time the CBSA receives a complaint until the CBSA makes a decision regarding circumvention.
Once a complaint is received, the CBSA has 45 days to determine if an anti-circumvention investigation should be initiated.
If the CBSA decides not to initiate an investigation, the process ceases.
If the CBSA decides to initiate an investigation, the CBSA will, within 180 days after the date of initiation (or 240 days if the investigation is extended), terminate the investigation or make a decision.
The CBSA will terminate the investigation where it is satisfied that the goods under investigation are subject to an order or finding. This decision is deemed to be a scope ruling.
If the investigation is not terminated, the CBSA will make a decision as to whether the goods are circumventing an order or finding.
Where the CBSA determines that the goods are circumventing an order or finding, the Tribunal will issue an order amending the order or finding and duties will be extended to those goods.