Initiation of a Public Procedural Review and Invitation for Comments respecting CCRA's Expiry Review Investigations

April 30, 2003

The purpose of this communication is to inform you that the Anti-dumping and Countervailing Directorate has initiated a review of its expiry review procedures and to invite the comments of interested persons.

The Special Import Measures Act (SIMA) was amended in 2000, resulting in a significant change concerning the conduct of expiry reviews of anti-dumping and countervailing findings and orders under subsection 76.03(7) of the Act. As a result of changes to SIMA the CCRA assumed responsibility for the determination of the likelihood of resumed or continued dumping or subsidizing on the expiry of an order or finding made by the Canadian International Trade Tribunal. The CCRA developed guidelines to outline CCRA's policies and procedures. Following the conclusion of the first two expiry reviews the CCRA initiated a review of its expiry review procedures which led to the current guidelines, released in July 2001.

We believe that further improvements in the CCRA's expiry review procedures are possible. Our procedural review is expected to result in changes to the CCRA Guidelines on the Conduct of Expiry Review Investigations under the Special Import Measures Act (July 2001). This document is available from the Anti-dumping and Countervailing Directorate Web site (www.cbsa-asfc.gc.ca/sima).

The Anti-dumping and Countervailing Directorate has identified a number of issues which need to be addressed. A case in point is the need to centralize control of the flow of confidential information. In response, the Anti?dumping and Countervailing Directorate is implementing a central registry system to ensure that there is no loss in the confidence and integrity of the handling of confidential information related to the SIMA process.

In December 2002 the Auditor General tabled a report that includes a Chapter on the administration of SIMA.¹ The audit of SIMA was part of a series of audits of the CCRA's customs programs. The audit examined the way in which the CCRA implemented changes to SIMA and its administration that were recommended by two parliamentary subcommittees in 1996. Selected stakeholders and users of the SIMA process were interviewed, including complainants, importers, trade experts, lawyers, and associations. The audit also included a telephone survey of 29 users, including small, medium-sized and large companies. The Auditor General found that the CCRA had put in place the support and management processes needed to implement most of the recommendations. However, the Auditor General found that more work is needed to fully implement three recommendations and address significant concerns in three areas. The audit highlighted the CCRA's expiry review process as an area where improvements are needed.

We would like to hear from our stakeholders directly. There are no restrictions on the issues we are prepared to examine during this review. We would invite your comments on any aspect of the expiry review procedures.

Please note that we are first requesting written comments from interested persons in order to help us examine the issues related to the expiry review process. We plan to incorporate the results of this consultation into a discussion paper and to develop revised draft guidelines by the end of January 2004. It is our intention to distribute the discussion paper and draft guidelines. Interested persons will have the opportunity to provide further comments at that time.

If you have any comments which you would like to provide for purposes of this review, it would be appreciated if these could be submitted by June 20, 2003, to:

Matthew Sreter
Operational Policy Division
Anti-dumping and Countervailing Directorate
11th Floor, Urbandale Building
100 Metcalfe Street
Ottawa, Ontario
K1A 0L8

Telefax: (613) 954-2510
E-mail: Matthew.Sreter@ccra-adrc.gc.ca

Your assistance in this matter is appreciated and I look forward to receiving your comments. If you have any questions regarding this review please do not hesitate to contact me at (613) 954-7269 or Matthew Sreter at (613) 954-7397.

Yours truly,

Suzanne Parent
Director General
Anti-dumping and Countervailing Directorate

Footnote:

¹ Auditor General of Canada, "Chapter 3: Special Import Measures Act: Protecting Against Dumped or Subsidized Imports", Report of the Auditor General of Canada, (Ottawa: Minister of Public Works and Government Services Canada, 2002) online: Office of the Auditor General of Canada http://www.oag-bvg.gc.ca/internet/docs/20021203ce.pdf (date accessed: 10 March 2003)