On 26 April 2018, the Canada Border Services Agency (CBSA) announced that as a result of the amendments to the Special Import Measures Act and the Special Import Measures Regulations that came into force on April 26, the CBSA will conduct scope proceedings and anti-circumvention investigations, assess whether certain sales should be disregarded due to a particular market situation, and provide unions with participatory rights in dumping and subsidy investigations. The announcement said:
- Scope Proceedings
The purpose of a scope proceeding is to establish whether certain goods fall within the scope of an existing anti-dumping and/or countervailing measure. Interested persons may request that the CBSA conduct a scope proceeding or the CBSA may self-initiate a scope proceeding. For detailed information on these proceedings, please refer to Information relating to Scope Proceedings and Guidelines for Preparing an Application for a Scope Ruling.
- Anti-circumvention Investigations
The purpose of an anti-circumvention investigation is to determine whether the circumvention of an existing anti-dumping and/or countervailing measure is occurring. These investigations may be initiated as a result of a complaint or self-initiated by the CBSA. If a finding of circumvention is made by the CBSA, the Canadian International Trade Tribunal will amend the measure and anti-dumping and/or countervailing duties will be extended to the goods whose importation was found to constitute circumvention. For detailed information on these investigations please refer to Information relating to Anti-circumvention Investigations and Guidelines for Preparing a Circumvention Complaint.
- Particular Market Situation
The amendments will allow the CBSA to disregard certain sales when determining normal values in a dumping investigation. Under the new provisions, the CBSA will not consider any sales of like goods for use in the country of export that do not permit a proper comparison with the sale of the goods to the importer in Canada due to the existence of a particular market situation.
- Trade Unions
The CBSA will provide unions representing persons employed in Canada with full participatory rights in dumping and subsidy investigations under SIMA. In order to accomplish this, the steps outlined below will be taken.
- Identification of Trade Unions in the Complaint
A properly documented complaint should identify the trade unions that represent persons employed in the production of like goods in Canada.
- Notification to Trade Unions
At the initiation of a dumping or subsidy investigation, notice will be sent to the trade unions identified in the complaint. The notice will inform the union that it is considered to be a party to the proceeding. Other trade unions may be identified as a party to the proceeding at a later stage as the proceeding develops.
- Participatory rights
A trade union that is identified as a party to a proceeding may request information in accordance with the disclosure of information provisions of SIMA, and it may provide information to the CBSA for use in the proceeding. The union may choose to be represented by counsel and may submit case arguments in the same way as other parties.