Anti-dumping and/or countervailing investigation self-initiation: a framework for fair trade
Under subsection 31(1) of the Special Import Measures Act, the Canada Border Services Agency (CBSA) can self-initiate an investigation into the alleged injurious dumping and the alleged injurious subsidizing of imports. This is a process used by the CBSA in certain circumstances to undertake trade investigations without the requirement of a formal complaint submitted by Canadian producers. This ensures that investigations proceed where sufficient available evidence suggests potential unfair trade practices, such as dumping or subsidization, and there is a reasonable indication that such dumping or subsidizing has caused injury and/or retardation or is threatening to cause injury to the domestic industry.
Key features of self-initiation
- Collaborative case building
- Producers and stakeholders contribute critical information and insights to support the investigation's foundation. This includes a reasonable indication that the dumping and/or subsidizing are causing injury to a major proportion of the Canadian domestic industry. This may include, but not limited to, information on pricing and the financial performance of the domestic industry.
- Evidence-driven investigations
- Self-initiation follows an extensive evidence-gathering phase, ensuring investigations are grounded in robust data and thorough analysis.
- Efficient process
- CBSA investigations are designed to be timely and targeted, with clear outcomes within the legislative timeframe.
How the process works
- Evidence collection
- CBSA undertakes a detailed review of trade data and gathers relevant evidence to initiate an investigation as per regulatory and legislative requirements.
- Case development
- Collaboration with industry stakeholders helps refine the evidence and prepare for the investigation including a reasonable indication that the dumping and/or subsidizing are causing injury to a major proportion of the Canadian domestic industry. It also offers domestic industry insights concerning the dumping, the subsidizing, the marketing, the trade channels, etc.; and any other information that is not readily available to the CBSA.
- Investigation launch
- Upon initiation, the investigation process follows the same process irrespective of whether it was complaint driven or self-initiated and leads to a fair and timely resolution.
What self-initiation is not
- Not independent of producer involvement
- While self-initiation doesn’t require a properly documented complaint, it still relies on collaboration with Canadian producers to build a strong case based on sufficient available evidence that suggests the existence of dumping and/or subsidization, and a reasonable indication that the dumping and/or subsidy are causing or threatening to cause injury to a major proportion of the Canadian domestic industry.
- Neither an accelerated nor abridged investigation
- The CBSA cannot initiate an investigation without sufficient and reasonable evidence. A CBSA self-initiation may only be pursued following thorough analysis and case development that demonstrates the evidence meets legislative and regulatory requirements.
Building the case
The case-building phase is a necessary step in the self-initiation process. It involves gathering evidence, analyzing trade data, and collaborating with industry stakeholders to create a strong evidentiary foundation for the investigation. This phase can vary in duration depending on the complexity of the case and the availability of evidence. While it may take time, this meticulous process ensures that investigations are thorough, targeted, and effective.
As part of this process, CBSA must meet specific legislative requirements, including confirming that the majority of Canadian production of the like goods is demonstrably injured by the dumped and/or subsidized imports. This process ensures that investigations are aligned with legal frameworks and focus on protecting industries that are significantly impacted by unfair trade practices.
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