In certain circumstances, the CBSA will conduct an expedited review of the normal value, export price, and amount of subsidy on the subject goods of an exporter. If an exporter wishes to request an expedited review, they should read the information below and contact an officer listed in the information section of the relevant Final Determination Statement of Reasons. This document can be found under the applicable investigation on the Investigations webpage.
Eligibility for an Expedited Review
Goods Covered by the CITT’s Order or Finding of Injury (Dumping/Subsidizing)
Under subsection 13.2(1) of the Special Import Measures Act (SIMA), an expedited review may be requested by an exporter or producer of any goods to which an order or finding referred to in subsection 3(1) applies who:
- establishes that they are not associated with any exporter who is in the same country as the goods that are subject to the order or finding and who had been given notice under subparagraph 34(1)(a)(i); and
- has not
- been given notice under subparagraph 34(1)(a)(i), paragraph 38(3)(a) or subsection 41(3) in respect of the goods, or
- been requested to provide information in relation to those goods or in relation to any goods that are of the same description as those goods for the purposes of this Act.
Goods Covered by the CITT’s Amended Order (Circumvention)
Under subsection 13.2(1.1) of SIMA, an expedited review may also be requested by an exporter of any goods to which an order or finding referred to in subsection 3(1.1) or (1.2) applies, if the exporter has not been requested to provide information in relation to those goods, or in relation to any goods that are of the same description as those goods for the purposes of determining their normal value, export price or amount of subsidy.
Requesting an Expedited Review
A request for an expedited review must be made in writing and must contain the following information in accordance with subsection 55(1) of the Special Import Measures Regulations (SIMR):
- confirmation that the goods have been sold or consigned to an importer in Canada;
- with respect to each sale or consignment of the goods to an importer in Canada,
- the name and address of the importer,
- a detailed description of the goods,
- the date of sale or consignment of the goods,
- the date of shipment of the goods,
- the purchase or consignment order number with respect to the goods and the date of the purchase or consignment order,
- complete details of the
- contract of sale or of the purchase order acknowledgement or acceptance, or
- consignment contract or of the consignment order acknowledgment or acceptance, and
- the name and address of the manufacturer or producer of the goods; and
- a description of the exporting enterprise and a list of all associated persons who are located in the country of export.
The definition of “sale” from subsection 2(1) of the SIMA considers “an agreement to sell” as a sale. Therefore the physical importation of subject goods is not necessarily required for an expedited review, provided such an agreement is in place.
If the subject goods have been shipped to Canada on consignment and there is no known purchaser in Canada of the goods, then no sale will have taken place so an expedited review is not possible. Instead the goods will be subject to a ministerial specification pursuant to subsection 29(2) of the SIMA.
The request must be sent to:
SIMA Registry and Disclosure Unit
Trade and Anti-dumping Programs Directorate
Canada Border Services Agency
100 Metcalfe Street, 11th floor
Ottawa, Ontario K1A 0L8
Expedited Review Process
If the exporter or producer meets the above requirements and has properly requested the expedited review, the CBSA will perform the review.
The CBSA will send a request for information (RFI) to the exporter, producer, importer and government of the country of export, as required. These parties will have a specified number of days to provide a complete response to the RFI. If a complete response is provided, the CBSA will use the information to determine normal values, export prices and/or an amount of subsidy for the goods in question. If a complete response is not provided, future shipments of subject goods will be subject to the methodologies for determining anti-dumping and countervailing duties set out in the relevant ministerial specification.
Payment of Duties
During the course of the expedited review, importers are still required to pay the duties determined pursuant to the methodology set out in the relevant ministerial specification. Under subsection 13.2(4) of the SIMA and section 56 of the SIMR, an importer may instead post security for subject goods imported from an exporter who is undergoing an expedited review under subsection 13.2(3) of SIMA. This option is available the day the review is initiated and ends the day it is completed. The option to post security is not available in an expedited review under subsection 13.2(3.1) in respect of goods subject to an order or finding that was amended as a result of a finding of circumvention.
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