G/ADP/Q1/CAN/18  
G/SCM/Q1/CAN/18  
G/SG/Q1/CAN/2  
 
3 October 201 8 
(18-6102) Page: 1/2 
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 
QUESTION S POSED BY THE UNITED STATES  REGARDING  
THE NOTIFICATION OF CANADA1 
The followi ng communication, dated 28 September 2018 , is being circulated at the reques t of the 
Delegation of the United States . 
 
_______________  
 
 
The United States thanks Canada for its May 29, 2018 notification of: (1) The Budget 
Implementation Act, 2017, no. 1 (Budget Implementation Act) ; (2) Regulations Amending the 
Special Import Measures Regulations and the Canadian International Trade Tribunal Regulations 
(Amended Regulations) ; and (3) Rules Amending the Canadian International Trade Tribunal Rules 
(Amended C ITT Rules) , and poses the following questions:  
 
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?  
 
Question 2  
 
Will preliminary determinations be issued in anti -circumvention or scope proceedings?  
 
Question 3  
 
Are there any 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?  
 
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 exporters 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 normal 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 values or duty rates determined .  
 
                                                
1 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). For the sake of efficiency, the United States suggests that committee review for these 
questions be conducted in the Committee on Anti -Dumping Practices.  G/ADP/Q1/CAN/18 • G/SCM/Q1/CAN/18 • G/SG/Q1/CAN/2  
 
- 2 - 
 
  Question 5  
 
Can a party request a scope ruling prior to the export of goods for which a circumvention finding is 
requested?   
 
Question 6  
 
With regard to interim reviews of circumvention findings provided for under Article 75.4, please 
explain:  
 
a. The circumstances that would warrant an interim review;   
b. Whether requests for interim reviews under this Article are notified to interested parties or 
the public; and  
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 .  
 
Question 7  
 
Section 57.12 of the Amended Regulations  states that the three specified activities are 
"prescribed ". Is this listing exclusi ve? 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 
activity "? If so, please explain what precautions Canada takes to ensure that any duties t hat 
Canada imposes due to anticircumvention investigations concern articles for which its authority 
has made an injury determination.  
 
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 .  
 
 
__________