Most investigations result from a written complaint provided by Canadian producers, along with supporting evidence and documentation, on the basis of which the President forms an opinion that an investigation is warranted. As subsection 31(1) of SIMA does not prescribe the identity of persons filing a complaint, these written complaints may come from individual firms, associations representing an entire industry in Canada, or trade unions whose members are engaged in the production of like goods. Consideration of whether there is sufficient evidence to warrant initiation of an investigation can be made only after a properly documented complaint is submitted to the CBSA.

A properly documented complaint must allege that the imported goods in question are being dumped or subsidized and that the dumping or subsidizing has caused injury to the production of like goods in Canada. The complaint must state in reasonable detail the facts upon which these allegations are based. The complainant must provide all information that is reasonably available in support of the complaint, including detailed information regarding production of the goods in Canada and the market for the goods. In addition, the complaint must include detailed evidence of dumping or subsidizing and detailed evidence of consequent injury.

• Receipt of a complaint by the CBSA

Initially, a written complaint may range from a brief letter alleging that goods are dumped or subsidized to a fully detailed submission made on behalf of all Canadian producers. Regardless of the form and content of a written complaint, the CBSA advises the complainant whether or not the complaint is properly documented within 21 days of its receipt. Where the Canadian industry is composed of more than one producer, and submissions are made separately, each submission is responded to individually. If the complaint is not properly documented, the CBSA specifies in detail what additional information or evidence is required in order for the complaint to be properly documented.

When the complainant submits any additional information, the President is deemed to have received a new complaint consisting of the original written submission plus the new additional information. The 21-day time limit in which the CBSA must decide if the complaint is properly documented again applies. If the additional information is still not sufficient, the CBSA again specifies the information that is required.

• Notice of receipt of a properly documented complaint

Upon receipt of all required information, the CBSA reviews the complete complaint submission and determines whether the complaint is properly documented and, if so, the complainant is notified in writing within 21 days pursuant to paragraphs 32(1.1). Pursuant to subsection 32(1.2) of SIMA, the foreign government of the exporting country is notified that a properly documented complaint has been received no later than seven days before the day on which the President decides whether or not to cause an investigation to be initiated for cases respecting the dumping of goods; and, in the case of a subsidy complaint, is provided with a copy of the non-confidential version of the complaint no later than 20 days before the day on which the President decides whether or not to cause an investigation to be initiated for cases respecting the subsidizing of goods.

• No announcement of receipt of complaint

In accordance with international Agreements and in order not to disrupt normal international trade, the CBSA does not publicize the receipt of a complaint. However, in situations where it is not clear whether the complaint has a sufficient level of support of the Canadian industry, it is necessary to contact other Canadian producers, in which case the filing of a complaint with the CBSA is made known to those producers. Unless the complainant has publicly announced that a complaint has been filed, no other acknowledgment of the receipt of a complaint is given prior to the initiation of an investigation, except for the required notification to the foreign government of the exporting country at the time the complaint is deemed to be properly documented.

Source: Canada Border Services Agency