Legal Framework

Canada’s Anti-circumvention investigation: Review of the CBSA’s Decision

Sections 57.11 to 57.16 of the SIMR outline several factors that may be considered in assessing the various elements of circumvention.

Canada's Scope Proceedings - Process and Timeframes

Scope proceedings may be initiated as a result of the receipt of an application from an interested person (e.g., importers, exporters, domestic producers) or self-initiated by the CBSA.

Pursuant to subsection 61(1.1) a scope ruling may be appealed to the CITT by any interested person, which for these purposes is defined in subsection 52.3 of the Special Import Measures Regulations (SIMR).

Canada, like many trading nations, has legislation that allows the application of safeguard measures to assist domestic producers that have suffered or are threatened by serious injury from increased levels of fairly traded imports.

Description: Upon receipt of a complaint filed by a domestic producer or a trade union whose members are engaged in the Canadian production of like or directly competitive goods, the Tribunal must decide within 21 days whether the complaint is properly documented.

Canada’s Safeguard investigation process: Filing of a written complaint

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