SIMA provides that an expiry review will be automatically initiated by the Tribunal before the expiry of five years after the date of the order or finding. Upon the conclusion or termination of an expiry review which does not result in the continuation of the Tribunal’s order of finding, the expiry date of the SIMA measure represents the last day on which an importation of goods may be subject to SIMA duties.

When the Tribunal initiates an expiry review, it will notify the CBSA and any interested parties. Then, the CBSA initiates its review to determine whether the expiry of the order or finding is likely to result in the continuation or resumption of dumping or subsidizing of the goods. If the CBSA determines that the expiry is likely to result in the continuation or resumption of dumping or subsidizing, the Tribunal considers whether the expiry is likely to result in injury or retardation to the domestic industry.

Anti-dumping or countervailing duties will continue to be payable on the goods during the expiry review.

The CBSA has 150 days after receiving notice of the initiation of the expiry review to determine the likelihood of continued or resumed dumping or subsidizing of the goods if the order or finding is rescinded. In making the determination, the CBSA requests information through questionnaires provided to exporters, importers, domestic producers, and foreign governments. When the CBSA makes its determination, written notice of its decision is sent to all parties involved in the investigation and the reasons for the decision are issued 15 days later.

If the CBSA determines that the expiry of the order or finding is unlikely to result in the continuation or resumption of dumping or subsidizing of the goods, the Tribunal is provided with notice without delay. The Tribunal will make an order rescinding the order or finding in respect of the goods, and all anti-dumping duties or countervailing duties paid in respect of goods that were released after the date that the most recent order or finding was scheduled to expire will be returned to the importer.

If the CBSA determines that the expiry of the order or finding is likely to result in the continuation or resumption of dumping or subsidizing of the goods, the Tribunal is provided with notice without delay. The Tribunal then considers the likelihood that the continuation or resumption of dumping or subsidy would result in injury or retardation to the domestic industry and either rescinds or continues the order or finding, with or without amendment. The Tribunal must make its determination within 160 days from the CBSA’s notice.

If the Tribunal finds that the expiry of the order or finding is unlikely to result in injury or retardation to the domestic industry, the Tribunal will make an order rescinding the order or finding. Anti-dumping duties or countervailing duties paid in respect of goods that were released after the date that the most recent order or finding was scheduled to expire will be returned to the importer.

The Tribunal may terminate an expiry review at any time if, in the Tribunal’s opinion, the review is not supported by domestic producers. Upon terminating a review, the Tribunal shall without delay cause notice of the termination to be given to the President. In such case, the SIMA measure will be deemed to have been rescinded after the expiry date, and all anti-dumping and/or countervailing duties paid in respect of goods that were released after the date that the most recent order or finding was scheduled to expire will be returned to the importer.

If the Tribunal finds that the expiry of the order or finding is likely to result in injury or retardation to the domestic industry, the Tribunal will make an order continuing the order or finding, with or without amendment. Anti-dumping duties or countervailing duties will continue to be payable while this order is in effect.

Source: Canada Border Services Agency