G/ADP/Q1/CAN/19  
G/SCM/Q1/CAN/19  
G/SG/Q1/CAN/3  
 
6 November  2018 
(18-6933) Page: 1/3 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
NOTIFICATION OF LAWS  AND REGULATIONS  UNDER  
ARTICLE S 18.5, 32.6 AND 12.6 OF THE AGREEMENT S 
REPLIES TO QUESTIONS1 POSED BY THE UNITED STATES  
REGARDING  THE NOTIFICATION OF CANADA2 
The followi ng communication, dated 2 November  2018, is being circulated at the reques t of the 
Delegation of Canada . 
 
_______________  
 
 
Question 1  
 
Will case files in scope and anti -circumvention proceedings be available to interested 
parties in the same manner  as antidumping and countervailing duty investigations?  
 
Reply : 
 
Yes. Non -confidential information relating to a dumping or subsidy proceeding will be disclosed to 
any person on request. Confidential information will be disclosed to independent counsel who  have 
a disclosure undertaking. For more information on Canada’s disclosure provisions please visit: 
https://www.cbsa -asfc.gc.ca/sima -lmsi/ig -ldi-eng.html . 
 
Question 2  
 
Will preliminary determinations be issued in anti -circumvention or scope proceedings?  
 
Reply : 
 
Preliminary determinations will not be issued in these proceedings. During an anti -circumvention 
investigation and a scope proceeding, the Canada Border Services Agen cy (CBSA) will publish a non -
confidential Statement of Essential Facts (SEF) on its website. This document will include the CBSA’s 
preliminary assessment of whether the evidence discloses a reasonable indication of circumvention, 
or in the case of a scope proceeding, the preliminary assessment of whether the goods are subject 
to an anti -dumping and/or countervailing measure. The SEF also provides a summary of the facts 
that the CBSA relied on in making that preliminary assessment.  
 
                                                
1 G/ADP/Q1/CAN/18 -G/SCM/Q1/CAN/18 -G/SG/Q1/CAN/2 . 
2 G/ADP/N/1/CAN/4/Suppl.2 -G/SCM/N/1/CAN/4/Suppl.2 -G/SG/N/1/CAN/3/Suppl.1 (dated 
19 June 2018).  G/ADP/Q1/CAN/19 • G/SCM/Q1/CAN/19 • G/SG/Q1/CAN/3  
 
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  Question 3  
 
Are there an y time limits regarding the application for a scope ruling, or may an interested 
party apply for a scope ruling at any time after a measure is put int o effect?  
 
Reply : 
 
Application can be made for a scope ruling at any time while the measure is in effect. There is no 
time limit.  
Question 4  
 
Section 75.1(3) of the Special Import Measures Act, as revised by the Budget 
Implementation Act,  states that a decision setting out a finding of circumvention must 
specify: (a) the goods to which it applies and (b) the e xporters and the exporting 
countries to which it applies. Please explain the form of any remedy for the circumvention. 
For example, if an anti -dumping measure is extended to imports found to be 
circumventing a measure, please explain if exporter -specific n ormal values are 
determined or if the imports are subject to a specified duty rate and how that rate is 
determined. Please also explain whether, and under what basis, there is a country -wide 
duty rate applied in addition to any exporter -specific normal val ues or duty rates 
determined . 
 
Reply : 
 
Normal values, export prices and/or amounts of subsidy are not calculated in an anti -circumvention 
investigation. Therefore, when an anti -dumping measure is extended to imports found to be 
circumventing a measure, nor mal values will initially be determined in accordance with information 
from the latest investigation or review (generally the “all others rate”). Exporters and importers can 
use other review mechanisms available under Canada’s trade remedy system to update  normal 
values and amounts of subsidy.  
 
Subsection 72(2) of the Special Import Measures Act  (SIMA) allows for an anti -circumvention 
investigation to be initiated in respect of an exporter or at a country level. Regardless of the approach 
taken at initiatio n, normal values will be determined in the manner outlined above.  
 
Question 5  
 
Can a party request a scope ruling prior to the export of goods for which a circumvention 
finding is requested?  
 
Reply : 
 
A party can request a scope ruling at any time. However,  if there is a circumvention proceeding 
underway concerning the same goods, the CBSA may reject the request.  
 
Question 6  
 
With regard to interim reviews of circumvention findings provided for under Article 75.4, 
please explain:  
 
a. The circumstances that wo uld warrant an interim review;  
 
Reply:  
 
Interim Reviews provide a mechanism to examine whether it is still necessary to extend 
anti-dumping or countervailing duties to some or all of the goods that have previously been found 
to be circumventing the measure. An interim review will be initiated only where the President of the 
CBSA is satisfied that such a review is warranted.  
 
While there are no prescribed criteria for making this decision, the following factors may be 
considered when determining whether a review is warranted:  G/ADP/Q1/CAN/19 • G/SCM/Q1/CAN/19 • G/SG/Q1/CAN/3  
 
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  a) any change in the circumstances that led to the finding of circumvention;  
b) the time since the President’s finding of circumvention;  
c) if applicable, the time since the last interim review decision;  
d) the volume of imports of the circumventi ng goods and any fluctuations in import volume;  
e) the timing of the next potential expiry review ; and  
f) any other relevant consideration.  
 
b. Whether requests for interim reviews under this Article are notified to interested 
parties or the public; and  
 
Reply : 
 
Where the President of the CBSA decides not to initiate a review, the CBSA will provide the decision 
and reasons to the person, Tribunal or g overnment who made the request.  
 
If a review is initiated, the CBSA will provide written notice to the exporters, i mporters, the 
government of the exporting country, the requester and the domestic producers.  
 
c. Whether an interim review can be requested or conducted at any time following a 
circumvention finding, or if a period of time must elapse before an interim review  
can be requested or initiated . 
 
Reply : 
 
An interim review of a finding of circumvention or any aspect of this decision can be requested at 
any time.  
 
Question 7  
 
Section 57.12 of the Amended Regulations  states that the three specified activities are 
"prescribed". Is this listing exclusive? In other words, does the authority have the ability 
to find an activity that is not expressly listed in Section 57.12 of the SIMA Regulations to 
be a "prescribed activ ity"? If so, please explain what precautions Canada takes to ensure 
that any duties that Canada imposes due to anticircumvention investigations concern 
articles for which its authority has made an injury determination.  
 
Reply : 
 
The prescribed activities re ferred to in section 57.12 of the Special Import Measures Regulations  are 
exclusive.  
 
Question 8  
 
Section 57.21(1) of the Amended Regulations  describes the information that must be 
contained in an exporter's request for an exemption from the extension of duties pursuant 
to a circumvention finding. Please explain the procedures that maybe used to verify the 
accuracy of the information.  
 
Reply : 
 
The CBSA will review the request for exemption in order to assess whether it is complete. Based on 
a review of information gathered in the anti -circumvention investigation and other prior proceedings, 
customs documentation, publicly available information o r other relevant information the CBSA will 
evaluate the information contained in the request for exemption.  
 
Provided the exporter submits a complete request, and the CBSA is satisfied that a review is 
warranted, the CBSA will initiate a review. Further ve rification of the information provided in the 
exemption request will take place after initiation.  
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