Legal Framework

The Special Import Measures Act (SIMA) helps to protect Canadian industries from injury due to dumped or subsidized imports in the Canadian marketplace.

Canada’s Anti-dumping and Countervailing Investigation - Process and Timeframes

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.

Once the complainant has been given notice that the complaint is properly documented, SIMA stipulates that the President has 30 days to determine

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.

Canada’s Anti-dumping and Countervailing Investigation Process: The preliminary investigation

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.

Where an investigation has not been terminated, a preliminary determination is made.

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