Canadian International Trade Tribunal Rules (SOR/91-499)

Regulations are current to 2019-06-20 and last amended on 2018-04-26. Previous Versions

PART III.1Preliminary Inquiries Under Subsection 34(2) of the Special Import Measures Act (continued)

Information to be Filed by the President

[SOR/2018-87, s. 89]

 If the President causes an investigation to be initiated respecting the dumping or subsidizing of goods under section 31 of the Special Import Measures Act, the President must file with the Tribunal, in addition to the notice required to be given under paragraph 34(1)(a) of that Act,

  • (a) a copy of the President’s statement of reasons for initiating the investigation;

  • (b) a copy of both the public and, if applicable, confidential version of the written complaint made to the President under subsection 31(1) of the Special Import Measures Act; and

  • (c) any other relevant information that has been taken into consideration by the President.

  • SOR/2000-139, s. 31
  • SOR/2002-402, s. 2(E)
  • SOR/2018-87, s. 46

 If the Tribunal causes a preliminary inquiry to be terminated under paragraph 35.1(1)(b) of the Special Import Measures Act, it must give notice of the termination to every person and government referred to in rule 52.3 and in respect of which a notice is not required to be given under paragraph 35.1(2)(a) of that Act.

  • SOR/2000-139, s. 31
  • SOR/2018-87, s. 47

PART IVInquiries Under Section 42 of the Special Import Measures Act

Application

 This Part applies to an inquiry, in respect of injury or retardation or threat of injury, made by the Tribunal under section 42 of the Special Import Measures Act as a consequence of the receipt of a notice of a preliminary determination of dumping or subsidizing in respect of goods.

  • SOR/2000-139, s. 32
  • SOR/2018-87, s. 48

Notice of Commencement of Inquiry

 If a notice of a preliminary determination of dumping or subsidizing is filed with the Tribunal under the Special Import Measures Act, the Tribunal must without delay cause to be published in the Canada Gazette a notice of commencement of inquiry that sets out the following information:

  • (a) the statutory authority for the inquiry;

  • (b) the subject-matter of the inquiry;

  • (c) the date on or before which an interested party must file a notice of participation;

  • (d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1);

  • (e) the date on or before which an interested person may file written representations under subsection 45(6) of that Act;

  • (f) the date on or before which any written submissions must be filed;

  • (g) the number of copies of each written submission that must be filed;

  • (h) instructions with respect to the filing of confidential information;

  • (i) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the inquiry may be obtained;

  • (j) the place and time fixed for the commencement of a hearing in the inquiry; and

  • (k) any other information that the Tribunal considers relevant to the inquiry.

  • SOR/2000-139, s. 32
  • SOR/2002-402, s. 3(E)
  • SOR/2018-87, ss. 49, 91

Sending of a Notice of Commencement of Inquiry

 The Tribunal shall send a copy of a notice of commencement of inquiry referred to in rule 54 to

  • (a) the President;

  • (b) all of the persons known by the Tribunal to be interested parties; and

  • (c) the government of any country from which goods in respect of which the preliminary determination was made were exported to Canada.

  • SOR/2000-139, s. 32
  • SOR/2018-87, ss. 89, 90, 92(F)

Information to be Filed by the President — Preliminary Determination

[SOR/2018-87, s. 89]

 If the President makes a preliminary determination of dumping or subsidizing with respect to goods under section 38 of the Special Import Measures Act, the President must cause to be filed with the Tribunal, in addition to the written notice referred to in paragraph 38(3)(b) of that Act, the following materials:

  • (a) a copy of the preliminary determination;

  • (b) a detailed statement of all estimates and of all things specified by the President pursuant to paragraph 38(1)(a) or (b) of that Act;

  • (c) a document that contains information with respect to

    • (i) domestic producers, importers into Canada and exporters to Canada of such goods who are known to the President, and

    • (ii) the volume of the goods imported into Canada and the proportion of those goods found by the President to be dumped or subsidized; and

  • (d) such other materials that contain information with respect to any matter referred to in any of paragraphs (a) to (c) as is in the President’s possession and as the Tribunal may from time to time request.

  • SOR/2000-139, s. 32
  • SOR/2018-87, ss. 50, 89

Information to be Filed by the President — Final Determination

[SOR/2018-87, s. 89]

 If the President makes a final determination of dumping or subsidizing with respect to goods under section 41 of the Special Import Measures Act, the President must cause to be filed with the Tribunal, in addition to the written notice referred to in subsection 41(3) of that Act, the following materials:

  • (a) a copy of the final determination;

  • (b) a detailed statement of all estimates and of all things specified by the President pursuant to subsection 41(1) of that Act;

  • (c) a document that contains information with respect to

    • (i) domestic producers, importers into Canada and exporters to Canada of such goods who are known to the President, and

    • (ii) the volume of the goods imported into Canada and the proportion of those goods found by the President to be dumped or subsidized;

  • (c.1) documents setting out the margin of dumping in relation to the goods that are imported into Canada from each country subject to an inquiry, which margin of dumping is the weighted average of the margins of dumping determined in accordance with section 30.2 of the Special Import Measures Act expressed as a percentage of the export price of the good;

  • (c.2) documents setting out the amount of subsidy in relation to the goods that are imported into Canada from each country subject to an inquiry, expressed as a percentage of the export price of the goods; and

  • (d) such other materials that contain information with respect to any matter referred to in any of paragraphs (a) to (c) as is in the President’s possession and as the Tribunal may from time to time request.

  • SOR/2000-139, s. 32
  • SOR/2002-402, s. 4(E)
  • SOR/2018-87, ss. 51, 89

Information to be Provided by the Tribunal

[SOR/2018-87, s. 90]

 In any inquiry, the Tribunal shall, forthwith after expiration of the date on or before which interested parties or counsel for the interested parties are required to file a Notice of Appearance, provide each counsel and, where a party to the inquiry is not represented by counsel, that party, with the following information:

  • (a) the names and addresses of all parties to the inquiry and their counsel, if any;

  • (b) the codes assigned to the parties’ exhibits; and

  • (c) the procedure for the filing of documents.

  • SOR/2018-87, s. 90

Availability of Information

 In an inquiry, the Tribunal must, after the expiry of the day on or before which interested parties are required to file a notice of participation, make available, on any conditions that are established by the Tribunal under subsection 45(3) of the Act,

  • (a) to each counsel who has filed a declaration and undertaking referred to in subrule 16(1) and who has been granted access to the confidential information, all of the confidential information provided to the Tribunal for the purposes of the inquiry; and

  • (b) to all counsel and to any party who is not represented by counsel, all of the information provided to the Tribunal for the purposes of the inquiry that has not been designated as confidential.

  • SOR/2000-139, s. 33
  • SOR/2018-87, ss. 52, 91

Written Submissions and Documentary Evidence

  •  (1) The Tribunal may at any time direct any party to an inquiry to file with the Tribunal, on or before a date fixed by the Tribunal, the following material:

    • (a) written submissions, documents or evidence relating to the inquiry;

    • (b) a statement of the evidence adduced or to be adduced by the party; and

    • (c) a description of any exhibit in other than documentary form that the party intends to adduce at the inquiry.

  • (2) In the case of an inquiry under section 31 of the Special Import Measures Act, the date fixed for the filing of the material referred to in subrule (1) by any party other than the complainant or other person referred to in that section shall be later than the date fixed under that subrule for the filing of the material by the complainant or other person.

  • SOR/2000-139, s. 33
 
Date modified: