What we do
The Canadian International Trade Tribunal is recognized, in Canada and on the international stage, for its ability to adjudicate trade disputes in a rigorous, fair, transparent and timely fashion. The Tribunal provides Canadian and international businesses decisions and determinations on trade remedy inquiries, federal government procurement inquiries, and customs duties and excise tax appeals. At the request of the Government, the Tribunal can also provide advice in economic and tariff matters.
The Tribunal is a quasi-judicial institution that is independent of the Government. It reports to Parliament through the Minister of Finance. It conducts its proceedings as informally and expeditiously as the circumstances and considerations of fairness permit.
The Tribunal has little control over the volume and complexity of its workload and faces tight statutory deadlines for most of its cases.
Trade remedy inquiries
Under the Special Import Measures Act (SIMA), the Tribunal determines whether the dumping or subsidizing of imported goods has caused injury or is threatening to cause injury to a domestic industry. Dumping means that foreign producers are selling their goods in the Canadian market for less than the price of similar goods in their home markets or at prices that do not cover costs and a reasonable amount for profits. Subsidizing means that producers have benefited from certain types of financial or other supports by foreign governments. These practices may result in imports flooding the Canadian market at low prices and harming Canadian producers of these goods.
If the Tribunal determines that imported goods are causing injury or threatening to cause injury to a domestic industry, then anti-dumping or countervailing duties apply to the imports for a period of five years. A finding of injury or threat of injury expires after five years unless continued by the Tribunal following an expiry review. A finding can also be rescinded early under certain circumstances.
This year saw inquiries with respect to mattresses and drill pipe.
Procurement inquiries
The Tribunal inquires into complaints by potential suppliers of certain goods or services. It decides whether the federal government broke its procurement obligations under certain trade agreements. It considers whether bids were evaluated fairly and according to the terms and conditions of a procurement process. The Tribunal can recommend remedies and award costs.
Customs and excise appeals
The Tribunal hears and decides appeals of decisions made by the Canada Border Services Agency under the Customs Act and SIMA. Appeals under the Customs Act relate to tariff classification, value for duty and origin of imported goods. Appeals under SIMA relate to whether certain goods fall within the scope of trade remedy measures or to the normal value, export price or amount of subsidy in relation to imported goods subject to an injury finding. The Tribunal also hears and decides appeals of decisions of the Minister of National Revenue made under the Excise Tax Act. These appeals relate to assessments or determinations of excise tax.
Safeguard inquiries
International trade rules allow Canada to temporarily restrict imports to allow Canadian producers to adapt to increased imports which cause or threaten to cause serious injury. These temporary measures are called safeguards. The Tribunal inquires into safeguard complaints from Canadian producers and conducts safeguard references upon request from the Government of Canada.
Economic and tariff inquiries
The Government of Canada, by way of the Governor in Council or the Minister of Finance, may direct the Tribunal to inquire into and provide advice on economic, trade or tariff issues.