Role of the Canadian International Trade Tribunal (CITT)
The Canadian International Trade Tribunal (CITT) begins the inquiry once it receives a notice determination of dumping.
The CITT begins inquiry in a systematic way. The officials obtain information with the help of questionnaires and interviews being taken from manufacturers, importers and the purchasers. As a result, a very solid information is gathered which is sufficient to make a basis of report and give a road map to CITT to examine further and reach a decision. This report is considered as a part of case record and can be given to council or the participants in the inquiry process.
After CITT receives any appeal, it has only 120 days to finalize the inquiry and give her verdict. Afterwards, it has 15 more days to issue a statement of reasons explaining her findings. During this process, the major stakeholders are taken into confidence by sharing them the statement of reasons. At the end, the final findings are published in Part 1 of the Canada Gazette.
Section 42 and 43 of the Special Import Measure Act, clarifies about the types of inquiries, orders or findings coming under the jurisdiction of CITT. The act also specifies that the decision made by CITT is final. It can only be reviewed when CITT itself considers to do so. Moreover, it is also the jurisdiction of CITT to determine about faintness of appeal. If it determines that there is no inquiry then the investigation is terminated and all the duties paid by the importer are returned to him/her including the impact of interest as well.
CBSA has legal right to demand retroactive anti-dumping assessment of duties against imports prior to preliminary determination. But, the time limit for this is 6 months only. However, CITT would take action if a massive dumping and process has been violated. In either case, CITT won’t take any action.
The preliminary margins of dumping are determined by the preliminary determination. Margins of dumping means the amount by which the exported good exceeds the domestic value or the amount of subsidy being provided to produce such good. After CITT determines the margins of dumping, then CBSA starts collecting duties and tariffs accordingly. The purpose is to protect the domestic industry.
- A letter of complaint indicating a matter related to Special Import Measures Act (SIMA) is necessary to start the process of inquiry.
- CBSA and the CITT are jointly responsible for administering SIMA;
- CBSA determines whether there is evidence of dumping or subsidizing; and
- Once CBSA has determined that dumping has occurred, the CITT’s responsibility is to determine;
- Whether dumped or subsidized imports have caused material injury, or are threatening to cause material injury to Canadian producers of like goods.