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Legal Guide

Certain products may be subject to anti-dumping or countervailing duties at the border. These duties are levied pursuant to the Special Import Measures Act (SIMA), which establishes certain procedures for the imposition of anti-dumping duties for goods exported to Canada at prices below home market prices, or below the total cost of production, and for countervailing duties where goods sold to Canada are subsidized by the exporting country. These procedures are available to domestic producers to protect them from unfair import competition. Anti-dumping and countervailing duties are additional charges imposed on the goods, over and above standard tariffs. These additional duties can only be imposed once a proper inquiry has taken place.

SIMA is administered by the Canada Border and Services Agency (CBSA), which investigates complaints, makes dumping determinations and enforces duties imposed under the legislation, and by the Canadian International Trade Tribunal, an independent quasi-judicial tribunal that adjudicates the question of whether dumped or subsidized imports have materially injured or will materially injure Canadian producers.

In its 2012 Economic Action Plan, the Government of Canada announced its intention to consolidate the Canada’s trade remedy investigation function into one organization, under the CITT. This would be achieved by way of legislation. However, any further details this consolidation (including timeframes for implementation) have yet to be announced.

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