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May 03, 2018
CBSA updates anti-dumping and countervailing program
At the end of March the Government of Canada announced regulatory changes to prevent the smuggling of cheap steel and aluminum into the North American market, in order to avoid new U.S. tariffs on the metals.
Following the required modifications to the Special Import Measures Act (SIMA) and the Special Import Measures Regulations, that came into force on April 26, the Canada Border Services Agency (CBSA) announced the specific changes that will affect its anti-dumping and countervailing program.
The CBSA will now conduct scope proceedings and anti-circumvention investigations, assess whether certain sales should be disregarded due to a particular market situation, and provide unions with participatory rights in dumping and subsidy investigations.
Scope proceedings are meant to establish whether certain goods fall within the scope of an existing anti-dumping and/or countervailing measure. Interested persons may request that the CBSA conduct a scope proceeding or the CBSA may self-initiate a scope proceeding.
Anti-circumvention investigations will be instigated, as a result of a complaint or self-initiated by the CBSA, to determine whether the circumvention of an existing anti-dumping and/or countervailing measure is occurring.
As specified in the changes to the law and regulations, the CBSA will now provide unions representing persons employed in Canada with full participatory rights in dumping and subsidy investigations under SIMA.
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