SIMA provides that a dumping or subsidy investigation is to be terminated if the actual and potential volume of goods is negligible or the Tribunal concludes that the evidence does not disclose a reasonable indication of injury.

(A) Termination because of negligible volume

If during the preliminary investigation it is determined that the volume of goods of a country is negligible, the investigation with respect to goods of that country is terminated. SIMA does not provide for an appeal of such a decision by the President.

The volume of goods of a country is considered negligible if it is less than 3% of the total volume of goods that are released into Canada from all countries and that are of the same description as the goods. However, where the total volume of goods from at least three countries, each of whose exports of goods into Canada is less than 3% of the total volume of goods that are released into Canada from all countries and that are of the same description, is more than 7% of the total volume of goods that are released into Canada from all countries and that are of the same description, the volume of goods of any of those countries is not negligible.

(B) Termination because of no injury

Where the Tribunal concludes, as a result of its preliminary inquiry, that the evidence does not disclose a reasonable indication that injury has been caused to Canadian production, the Tribunal will terminate its inquiry. The Tribunal will notify the CBSA of its decision and the CBSA will terminate its dumping or subsidy investigation.

(C) Effect of termination of investigation

The termination of an investigation ceases all action by the President and the Tribunal under the Act in respect of the importations of the subject goods. Written notice of the decision is sent to all parties involved in the investigation and is published in the Canada Gazette.

Source: Canada Border Services Agency