An investigation is initiated by the CBSA where the complaint is made by or on behalf of Canadian industry and there is sufficient evidence of dumping or subsidizing and of injury caused by the alleged dumping or subsidizing. Notice of this decision is published in the Canada Gazette. Written notice is also sent to the Canadian International Trade Tribunal, the complainant, all known importers and exporters and to the foreign government concerned. The Tribunal will be provided with a copy of the confidential and non-confidential versions of the complaint and any other information that was taken into account by the President. In the case of a dumping investigation, a copy of the non-confidential version of the complaint is sent to the foreign government and, where practicable, is provided to all known exporters or to their trade associations. The CBSA will issue reasons for its decision 15 days after the date of initiation.

A decision not to initiate an investigation is made by the President when one of the following occurs:

• - the complaint is not supported by Canadian producers whose collective output accounts for at least 25% of Canadian production;
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• - based on those Canadian producers who express an opinion, the complaint is opposed by 50% or more of the production represented;
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• - the President is of the opinion that there is insufficient evidence of dumping or subsidizing; or
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• - the President is of the opinion that the evidence does not disclose a reasonable indication of injury resulting from the alleged dumping or subsidizing.
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Where it is decided not to initiate an investigation following receipt of a properly documented complaint, the CBSA issues a written notice of the decision to the complainant as well as to the concerned foreign government.

If an investigation is not initiated, other producers may subsequently be willing to support the complaint or file satisfactory evidence of dumping or injury. If statements or submissions are received from other Canadian producers at a later date, the CBSA determines if the original complainant(s) still wish to pursue the complaint and reconsiders the entire matter as appropriate following the procedures described above.

The President may decide not to initiate an investigation because the complaint has not been filed by or on behalf of the Canadian industry or because the President is of the opinion that there is insufficient evidence of dumping or subsidizing. SIMA does not provide for an appeal from such a decision by the complainant.

However, if the President decides not to initiate an investigation only by reason that there is insufficient evidence of injury, the complainant may refer the matter to the Tribunal within 30 days of the date of the written notice given by the President. The Tribunal's opinion is given within 30 days of the date of the referral. In reviewing the President's decision, the Tribunal confines itself to an examination of all the evidence and information that was before the President when the decision was made. No additional information is sought by the Tribunal and the submission of new information by the complainant or other parties is not permitted. If the Tribunal advises that there is, in its opinion, evidence which discloses a reasonable indication of injury, the President must initiate an investigation.

Source: Canada Border Services Agency