Normal values: Making representations to the Canada Border Services Agency
The Canada Border Services Agency (CBSA) monitors the Special Imports Measures Act (SIMA) measures in force to ensure that normal values, export prices and/or amounts of subsidy (collectively referred to as “values”) remain up to date. As part of this process, stakeholders are encouraged to share their views regarding whether the values in place for a particular measure in force should be updated to reflect the current market conditions.
All parties are cautioned that where there are increases in domestic prices, and/or costs, the export price for sales to Canada should be increased accordingly to ensure that any sale made to Canada is not only above the normal value but at or above selling prices and full costs and profit of the goods in the exporter’s domestic market. If exporters did not adjust export prices accordingly, retroactive assessments of anti-dumping duty may be warranted.
These representations should be filed with the SIMA Registry and Disclosure Unit through the Anti-dumping and countervailing e-filing (ACE) web application (see note below).
Stakeholders may make representations respecting the need for an administrative review to update values for a particular measure in force. These representations should be filed with the SIMA Registry and Disclosure Unit through the Anti-dumping and countervailing e-filing (ACE) web application (see Note below). The onus is on the stakeholder to clearly identify the relevant measure in force and provide information that is reasonably available to demonstrate the need for updated values, such as changing domestic selling prices; changing production and/or selling costs; changes to distribution channels, including the involvement of related parties in sales to Canada; changes in market conditions which may impact values; or changes in amounts of subsidy received. This should be provided to the CBSA in a timely manner, generally within 30 days of the market changes. Stakeholders may also suggest issues they wish the CBSA to examine in the course of a potential administrative review, including possible questions that could be included in the CBSA's requests for information.
Where a stakeholder makes any representations containing information that is designated as confidential, the confidential version of the representations must be accompanied by a non-confidential version in order for the CBSA to take it into consideration. In cases where exporters are required to provide the CBSA with periodic pricing and cost information as part of the conditions attached to the issuance of their normal values, a non-confidential summary is also required. For more information, refer to the CBSA's Confidentiality and Disclosure Guidelines for SIMA Proceedings. Failure to provide an adequate non-confidential version will result in the submission being disregarded and excluded from any consideration. It should be noted that these representations are not submitted as part of an ongoing SIMA proceeding. As a result, confidential information provided to the CBSA will not be disclosed to counsel representing other stakeholders.
Where representations are received, the CBSA will publish the non-confidential version of the representations on its website and, as a result, it will be available to other stakeholders. Other stakeholders may respond to any representations. However, any such responses should identify the associated correspondence and be submitted in a timely manner, generally within seven days, in order to ensure that the CBSA can take them into consideration.
These representations are one of the factors that the CBSA considers when determining whether to initiate an administrative review. Ultimately, the decision to initiate an administrative review rests with the CBSA. If the CBSA decides to initiate an administrative review, including as a result of requests to do so from stakeholders, it will publish an initiation notice on its website. The subscribers of the CBSA's SIMA email alert service will be notified of such initiations.
For information about administrative reviews, please see Memorandum D-14-1-8.
Note The CBSA has an Anti-dumping and countervailing e-filing (ACE) web application, which is a digital self-service tool for interested parties to submit and access information related to proceedings under the Special Import Measures Act (SIMA). Registered users are able to electronically submit and access documents related to active proceedings under SIMA.
To access the ACE web application and to register for an account, go to the CBSA’s ACE web application login.
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