PART 6: Considerations when requesting the release of goods

SIMA

protect Industries in Canada from Injury, to protect the industries in Canada injured by goods that have been dumped in Canada or by goods that have been subsidized in their country of export, or both. This SIMA protection is granted after a compliant has been filed and substantiated.

CUSTOMS TARIFF ACT

SIMA

Measures In Force

This is a list of goods currently subject to provisional, anti-dumping or countervailing measures pursuant to the SIMA

Dumping goods

Dumping occurs when imported goods are sold to a business or person in Canada at prices lower than these at which are sold in the country of export or when goods sold into Canada at unprofitable prices.

Margin of Dumping

Normal value -exporter’s export price for the goods. Normal values are calculated by the CBSA based on Confidential information submitted by the exporters or manufacturers in the foreign countries.

Ministerial Specification

When the normal value can not be determined by CBSA, it leads to higher SIMA duties.

Countervailing Duty

The price discrepancy caused by subsidizing of imported goods may be offset by an additional duty, may be applied once the investigation is completed.

CITT-CANADIAN INTERNATIONAL TRADE TRIBUNAL

Provide Canadian and International businesses with access to fair, transparent and ….

Provisional Duty

Applies on the day CBSA makes a preliminary determination of dumping or subsidizing and ends on the day the CITT issues its final decision on injury.

Undertaking

An undertaking is a potential alternative to a full investigation by both the CBSA and the CITT. The exporter promises to raise prices or the foreign government promises to reduce subsides.

25

The complaint must represent at least ____per cent of Canadian production of the goods and the number of producers supporting the claim must be greater than the number of producers opposed.

Yes

It is not the intent of the SIMA to stifle health competition between domestic and foreign suppliers of the same or similar products.

SIMA-CBSA vs CITT

The CBSA determines whether there is evidence of dumping or subsidizing and it is the CITT’s responsibility to determine whether dumped or subsidized imports have caused injury, or are threatening to cause material injury, to Canada producers of “like goods”.

Role of the CITT

Once the CBSA notifies the CITT that there has been a preliminary determination of dumping or subsidizing, the CITT begins its inquiry into injury.

5 years

Once a determination has been reached and anti-dumping and/or countervailing duties have been imposed, the finding also called an order, is in place for _____

21

once a complaint is received, the CBSA has___ business days to decide if the complaint is properly documented;

30

once the complaint has been properly completed, the CBSA has ___days to make a decision as to whether an investigation should be started or not;

90

within ___ days of the opening of the investigation, the CBSA is usually in a position to either end the investigation or to issue a preliminary

120

the CITT is required to make a finding (a verdict) within ____ days from the date of receipt of the preliminary determination, and has another 15 days to issue a statement of reasons explaining its finding;

scope ruling

a ____advises if an order, finding, or undertaking applies to particular goods.

DRY WHEAT PASTA

GST EXEMPT

101, customs tariff

If goods are exported from Canada to be repaired, or have work done on them, Section ______________________of the _____________________ grants a remission of a portion of the duty when goods return to Canada.

60%

Operators of a customs bonded warehouse must generally post security of, at Minimum, _____of the maximum total amount of duties and taxes payable on goods stores in the warehouse.