Glossary

Anti-dumping injury inquiries

Anti-dumping duties

Duties that, when applied, are intended to offset the amount of dumping on imported goods and give to the goods produced in Canada an opportunity to compete fairly with the imported goods. Where the Tribunal finds that the dumping of imports has caused or is threatening to cause material injury to a domestic industry, or has caused material retardation of the establishment of a domestic industry, the Canada Border Services Agency levies and collects anti-dumping duties on subsequent imports of goods matching the description of the dumped goods.

Appeals

Appeals of decisions made by the Canada Border Services Agency heard by the Tribunal in respect of the enforcement of the Tribunal’s injury findings, and expiry review or interim review orders.

Classes of goods

Subcategories of subject goods or like goods, each consisting of goods the uses and other characteristics of which closely resemble each other, but that are distinct from those of the goods of another subcategory. Classes may be established by the Canada Border Services Agency at the initiation of an investigation (for subject goods) or by the Tribunal in an inquiry (for like goods). When there are multiple classes of like goods, there must be a domestic industry for each class, and the Tribunal must conduct a separate injury analysis for each class.

Countervailing duties

Duties that, when applied, are intended to offset the amount of subsidizing on imported goods and give to the goods produced in Canada an opportunity to compete fairly with the imported goods. Where the Tribunal finds that the subsidizing of imports has caused or is threatening to cause material injury to a domestic industry or has caused material retardation of the establishment of a domestic industry, the Canada Border Services Agency levies and collects countervailing duties on subsequent imports of goods matching the description of the subsidized goods.

Cross-cumulation

In cases where subject goods from at least one country are both dumped and subsidized, a Tribunal decision whether to assess the effect of the dumped and subsidized imports on the domestic industry separately or as a single set of effects.

Cumulation

In cases where there are subject goods from more than one country, a Tribunal decision whether to assess the effect of the dumped or subsidized imports on the domestic industry relative to each country separately or to assess their cumulative effect.

Determination

A Tribunal decision resulting from a preliminary injury inquiry. The Tribunal issues its preliminary injury determination of whether there is a reasonable indication of injury or retardation or threat of injury 60 days after the Canada Border Services Agency’s decision to initiate an investigation of dumping and/or subsidizing. The Tribunal’s statement of reasons follows 15 days later.

Domestic industry

As defined in the Special Import Measures Act, “… the domestic producers as a whole of the like goods or those domestic producers whose collective production of the like goods constitutes a major proportion of the total domestic production of the like goods except that, where a domestic producer is related to an exporter or importer of dumped or subsidized goods, or is an importer of such goods, ‘domestic industry’ may be interpreted as meaning the rest of those domestic producers.”

Dumped

As defined in the Special Import Measures Act, “‘dumped’, in relation to any other goods, means that the normal value of the goods exceeds the export price thereof.”

Dumping

The export of goods at a price that is lower than their normal value, i.e., generally the domestic selling price of comparable goods in the country of export or the constructed cost of production of the goods exported to Canada.

Exclusion

The discretionary authority of the Tribunal, when it finds injury, retardation or threat of injury, or a likelihood of injury or retardation, to exclude certain products, exporters or countries from its finding or order if it determines that they are not the cause of the injury, retardation, threat of injury, or likelihood of injury or retardation.

Expiry proceedings

Proceedings carried out by the Tribunal at least 10 months prior to the expiry of a previous finding or order to determine if an expiry review of such a finding or order is warranted. The Tribunal has 50 days to conduct such proceedings.

Expiry review

A review carried out by the Tribunal within approximately 130 days of the Canada Border Services Agency completing an investigation that determined that the expiry of a previous finding or order is likely to result in the continuation or resumption of dumping and/or subsidizing of imports. During its review, the Tribunal determines whether the expiry of such a finding or order is likely to result in injury to a domestic industry or retardation of the establishment of a domestic industry. 

Final injury inquiry

An inquiry started by the Tribunal upon receipt of a notice of preliminary determination(s) of dumping and/or subsidizing by the Canada Border Services Agency. The Tribunal has 120 days to determine whether the dumping and/or subsidizing of imports have caused or are threatening to cause material injury to a domestic industry, or have caused material retardation of the establishment of a domestic industry. It must conclude its final injury inquiry and make a finding with respect to the goods to which the Canada Border Services Agency’s final determination applies.

Finding

A Tribunal decision resulting from a final injury inquiry. The Tribunal issues its finding 120 days after receipt of a notice of preliminary determination(s) of dumping and/or subsidizing by the Canada Border Services Agency. The Tribunal issues its statement of reasons 15 days later. A finding that the dumping and/or subsidizing of imports have caused injury or retardation or are threatening to cause injury results in anti-dumping and/or countervailing duties being assessed on the dumped and/or subsidized goods imported.

Hearing

An oral hearing held by the Tribunal about 90 days after the commencement of a final injury inquiry or about 82 days after the initiation of an expiry review.

Injury

As defined in the Special Import Measures Act, “‘injury’ means material injury to a domestic industry.”

The Special Import Measures Regulations require the Tribunal to look at several factors in determining whether the dumping and/or subsidizing of any goods have caused injury.

Interim review

A review that the Tribunal may conduct any time after making an affirmative finding or order, either on its own initiative or at the request of the Minister of Finance, the Canada Border Services Agency or any person or government. It may result in an early rescission of a finding or order, in whole or in part. There is no statutory deadline in an interim review.

Like goods

As defined in the Special Import Measures Act, “‘like goods’ in relation to any other goods, means:

  1. goods that are identical in all respects to the other goods, or
  2. in the absence of any goods described in paragraph (a), goods the uses and other characteristics of which closely resemble those of the other goods.”
Massive importation

An importation is considered massive when the volume of dumped and/or subsidized goods imported from a particular country has increased by at least 15% during a representative period in the 90 days preceding the Canada Border Services Agency’s preliminary determination(s) of dumping and/or subsidizing. 

In the event of an injury finding following a final injury inquiry, the Tribunal may determine that, shortly before the Canada Border Services Agency’s preliminary determination(s) of dumping and/or subsidizing, there was a massive importation of dumped and/or subsidized goods. 

When the Tribunal makes such a finding, the Canada Border Services Agency may then retroactively impose duties on those dumped goods or on those subsidized goods if the subsidy is prohibited under the World Trade Organization Agreement on Subsidies and Countervailing Measures.

Opinion/report

A Tribunal recommendation resulting from a public interest inquiry. It can take the form of a report to the Minister of Finance, with supporting facts and reasons, for a reduction of anti-dumping and/or countervailing duties, or of a report for no duty reduction. While there is no statutory deadline in a public interest inquiry, the Tribunal endeavours to issue its report 100 days or 140 days (if it is a complex case) after issuing a notice of commencement of public interest inquiry.

Order

A Tribunal decision resulting from expiry proceedings, an expiry review or an interim review. It can also be a procedural decision in any type of case.

In expiry proceedings, the Tribunal issues an order 50 days after issuing its notice of expiry, and a statement of reasons 15 days later, if it determines that an expiry review is not warranted.
In an expiry review, the Tribunal issues an order 130 days after issuing its notice of expiry review, and a statement or reasons 15 days later.

In an interim review, there is no legislated timeline within which the Tribunal must issue its order; however, it endeavours to issue an order as soon as possible after the receipt of submissions, with a statement of reasons to follow 15 days later.

Unless the Tribunal orders the rescission of a finding or an order, anti-dumping and/or countervailing duties continue to be payable on the dumped and/or subsidized goods.

Period of inquiry/review

The period for which data are collected by the Tribunal for the analysis of injury or threat of injury and causation in a final injury inquiry, or likelihood of injury and causation in an expiry review. The Tribunal typically looks at information covering the last three full calendar years of commercial activities and any three-month interim periods in the year of the final injury inquiry or expiry review. This period includes the Canada Border Services Agency’s period of investigation.

Preliminary injury inquiry

Inquiry started by the Tribunal when the Canada Border Services Agency initiates a dumping and/or subsidizing investigation. The Tribunal has 60 days to determine whether the evidence discloses a reasonable indication that the dumping and/or subsidizing of imports have caused or are threatening to cause material injury to a domestic industry, or have caused material retardation of the establishment of a domestic industry.

Public interest inquiry

Inquiry launched by the Tribunal on its own initiative or at the request of an interested person within 45 days of making a finding of injury, retardation or threat of injury caused by dumped and/or subsidized imports, which leads to the imposition of anti-dumping and countervailing duties. The Tribunal determines whether the imposition of part or all of those duties may not be in the public interest. 

While there is no statutory deadline in a public interest inquiry, the Tribunal endeavours to complete such an inquiry in 100 days or 140 days (if it is a complex case).

Request for importer ruling

A ruling that may be initiated by the Tribunal or requested by the Canada Border Services Agency on behalf of an importer who contests the Agency’s determination that the real importer of goods is someone different from the person listed on the import shipping documents. 

Retardation

As defined in the Special Import Measures Act, the “material retardation of the establishment of a domestic industry”. There can be no retardation if a domestic industry is already established.

The Special Import Measures Regulations require that the Tribunal look at several factors in determining whether the dumping and/or subsidizing of any goods has caused retardation.

Subject goods

Goods imported from the countries or exporters identified by the Canada Border Services Agency in its preliminary determination(s) of dumping and/or subsidizing. The Canada Border Services Agency has the exclusive authority under the Special Import Measures Act to determine the definition of the goods that are subject to an inquiry (i.e., the subject goods). This term is not defined in Special Import Measures Act.

Subsidized goods

As defined in the Special Import Measures Act, “‘subsidized goods’ means:

(a) goods in respect of the production, manufacture, growth, processing, purchase, distribution, transportation, sale, export or import of which a subsidy has been or will be paid, granted, authorized or otherwise provided, directly or indirectly, by the government of a country other than Canada, and

(b) goods that are disposed of by the government of a country other than Canada for less than fair market value,

and includes any goods in which, or in the production, manufacture, growth, processing or the like of which, goods described in paragraph (a) or (b) are incorporated, consumed, used or otherwise employed.”

Subsidizing

The importation of goods into Canada that benefit from foreign government financial contributions.

Threat of injury

In accordance with the Special Import Measures Act, the dumping or subsidizing of goods is found to be threatening to cause injury or to cause a threat of injury if the circumstances in which the dumping or subsidizing of goods would cause injury are clearly foreseen and imminent. 

The Special Import Measures Regulations require that the Tribunal look at several factors in determining whether the dumping and/or subsidizing of any goods are threatening to cause injury.

Trade level

The level at which a company conducts its commercial activities. For example, a company can conduct its commercial activities as a wholesaler, distributor, retailer, end user, contractor or service centre.

Customs and excise appeals

Appeal

An appeal from an assessment, reassessment, rejection, decision or determination of the Minister of National Revenue or from a decision or re-determination of the President of the Canada Border Services Agency, as the case may be, pursuant to:

  • section 67 of the Customs Act;
  • section 61 of the Special Import Measures Act; and
  • section 81.19, 81.21, 81.22, 81.23 or 81.33 of the Excise Tax Act.
Appellant

A person who files a notice of appeal with the Tribunal, in accordance with the applicable procedural rules.

Brief

A written document that clearly lays out the grounds for the appeal and the relevant facts, arguments and supporting evidence.

Counsel

Any person, other than a director, servant or employee of a party to proceedings, who acts in the proceedings on behalf of the party.

Counsel of record

The counsel of record for a party, having signed and filed with the Tribunal the appropriate forms, pursuant to the Canadian International Trade Tribunal Rules.

Document

Any written documentation, film, photograph and audio tape and any information stored by electronic means.

Expert witness

A witness with specialized knowledge, skill, education, training and/or experience in a particular field who has been qualified by the Tribunal as an expert in a defined subject matter in the context of a particular appeal case.

Hearing

A Tribunal hearing that is generally conducted in public. Any confidential information is discussed in an in-camera session, where the hearing room is closed except for Tribunal members, staff and parties.

Hearing by way of written submissions

A hearing held by the exchange of documents, commonly known as a “file” hearing.

Intervener

A person who

  • files a notice of intervention in accordance with the Canadian International Trade Tribunal Rules and has been added by the Tribunal as an intervener;
  • is permitted to intervene under an order of the Tribunal; or
  • is an interested party that has been granted leave of the Tribunal to intervene in any proceedings in relation to a complaint.
Party

An appellant, a respondent or an intervener.

Physical exhibit

An exhibit that a party intends to rely on at the hearing (e.g., a sample of the goods in issue) and that must be filed with the Tribunal not less than 10 days before the hearing.

Proceeding

An appeal before the Tribunal.

Respondent

The Minister of National Revenue or the President of the Canada Border Services Agency, as the case may be.

Witness

Person that parties may call upon to testify about the facts in support of their position (also referred to as a lay witness).

Procurement inquiries

Complaint

A complaint filed with the Tribunal by a potential supplier concerning any aspect of the procurement process that relates to a designated contract and requesting that the Tribunal conduct an inquiry into the complaint.

Counsel

Any person, other than a director, servant or employee of a party to proceedings, who acts in the proceedings on behalf of the party.

Designated contract

A contract for the supply of goods or services that has been or is proposed to be awarded by a government institution and that is designated or of a class of contracts designated, by the Canadian International Trade Tribunal Procurement Inquiry Regulations.

Express option

An option that allows for complaint proceedings to be, at the request of the parties, completed within 45 days instead of the usual 90 days. 

Government institution

Any department or ministry of state of the Government of Canada, or any other body or office, that is designated by the Canadian International Trade Tribunal Procurement Inquiry Regulations.

Government Institution Report

A report filed by a government institution with the Tribunal within 25 days of receiving notification that a complaint has been accepted for inquiry by the Tribunal. It includes a statement that fully responds to all the issues forming the basis of the complaint.

Hearing by way of written submissions

A hearing held by the exchange of documents, commonly known as a “file” hearing.

Interested party

A potential supplier or any person who has a material and direct interest in any matter that is the subject of a complaint.

Intervener

An interested party that has been granted leave of the Tribunal to intervene in any proceedings in relation to a complaint.

Party

A complainant, a government institution or an intervener.

Potential supplier

A bidder or prospective bidder on a designated contract.

Proceeding

A complaint filed before the Tribunal by a potential supplier.

Reply submission

A reply through which the complainant and any interveners provide the Tribunal with their comments within seven days of being sent the Government Institution Report. The complainant may instead request that the Tribunal make its determination based on information already on file.

Send

In respect of a document, information or a notification, to transmit by hand, registered mail or electronic transmission.

Working day

A day that is not a Saturday, a Sunday or a holiday. For additional information, see the practice notice on holidays for the purpose of Tribunal proceedings.