Anti Dumping Tax Canada

An anti-dumping duty is imposed if it is established that the product under investigation is being sold to Canadian importers at prices lower than comparable products in the exporting country or if products are sold in Canada at unprofitable prices. The Canada Border Services Agency (CBSA) works with the Canadian International Trade Tribunal to manage anti-dumping duties. Ultimately, anti-dumping duties aim to discourage dumping by reducing the additional profit that importers may have made at a lower cost – which is the intended effect of protectionism. Canada`s anti-dumping laws are contained in legislation called the Special Import Measures Act (SIMA). If both conditions are met, an anti-dumping order is issued imposing duties equal to the amount by which normal value (established on the basis of domestic or third-party sales or on the basis of constructed value) exceeds the export price established on the basis of sales in Canada. Anti-dumping measures may lead to the imposition of two types of additional duties on the product concerned: it follows that, under SIMA, findings of injury or threat of injury and the associated special protection in the form of anti-dumping or countervailing duties expire five years after the date of the last order or finding, unless an expiry review was carried out before that date. Insider. The Special Import Measures Act (SIMA), Canada`s anti-dumping and countervailing legislation, protects Canadian manufacturers and producers from unfair competition from certain products. In particular, these sources of unfair competition are due to injury or injury caused by the dumping or subsidizing of products imported into Canada. Once the tribunal has confirmed injury, the CBSA may impose anti-dumping or countervailing duty on the imports concerned.

These duties offset the price advantage caused by dumping or subsidies and give Canadian industry the opportunity to compete fairly with imported products. Anti-dumping and countervailing duties are normally imposed for a period of at least five years, after which they are revalued. Click here to view the Canadian anti-dumping measures currently in force. To better understand anti-dumping or countervailing duties, attend an upcoming seminar. This investigation was initiated by the CBSA. The CITT, the applicant(s), all known foreign importers and exporters of the products concerned and the governments of the foreign countries concerned (i.e. China and Vietnam) have been informed in writing. The objective of the anti-dumping investigation is to obtain detailed information from the parties concerned and to determine whether the products are actually being sold at dumped or subsidized prices to importers in Canada. Once it has been provisionally established that dumping or subsidy exists, citT must determine whether the dumped or subsidized products are causing (or will cause) material injury to the Canadian industry. This is done by obtaining representations and holding public hearings. In determining whether the dumped or subsidized products have caused material injury, the CITT will consider, among other things, the impact of the products on prices, profitability and market share. Other important factors for this provision are the impact on cash flow, capacity utilization, employment and inventories.

Useful links to Canada`s anti-dumping and countervailing duty programs: The complaint must contain information on products manufactured in Canada, competing imports, domestic industry and conditions in the Canadian market. It must also provide evidence of dumping or subsidizing of imported products and the resulting injury to the Canadian industry. In other words, you need to prove your claim. Further details on this anti-dumping investigation are set out below. Let`s start with some basic elements about how anti-dumping cases work, their impact, and why this case is of particular importance to Canadian importers, wholesalers and retailers of imported furniture. Please refer to the CBSA`s Anti-Dumping and Countervailing Program (AIS) website for more information on CAMA`s investigation process. Depending on the applicable tariff classification, the normal duty rates are 8% or 9.5% and goods from Vietnam eligible for preferential treatment under the CPTPP are duty-free or 3%. Any anti-dumping or countervailing duties resulting from this investigation would be set in addition to the applicable normal duty rates or the CPTPP duty rates.

The CITT`s finding and, consequently, the anti-dumping or countervailing duties imposed by those findings expire five years after their imposition. However, a review may be initiated before the expiry of the measures in order to determine whether dumping or subsidisation causing material injury is likely to continue. The « expiry review » is a proceeding in which anti-dumping or countervailing measures are reviewed by the CITT to determine whether they are still required to draw attention to injury that would otherwise be caused to the domestic industry in their absence. Indeed, it is not uncommon for the CITT`s anti-dumping and countervailing measures to continue for several years through multiple expiry reviews until the CBSA concludes that the expiry of the measures is unlikely to result in the continuation or recurrence of dumping or subsidy, or the Court concludes that a recurrence of injury is unlikely. Step 2 – The second step is an economic inquiry conducted by the Canadian International Trade Tribunal (CITT) to determine whether the dumping or subsidy is causing injury. The Special Import Measures Act (SIMA) sets out the rules and procedures applicable to anti-dumping and countervailing measures under Canadian law. The purpose of the Act is to protect Canadian producers who suffer injury or injury as a result of the dumping or subsidizing of goods imported into Canada. Goods imported into Canada are generally subject only to normal customs and goods and services tax or harmonized value-added tax.

However, certain imported products must also be subject to anti-dumping or countervailing duties in a year because they have been found to have caused injury or retardation to a Canadian industry or because they are threatening to cause injury as a result of their dumping or subsidization. If the Canadian International Trade Tribunal finds that a significant violation has occurred in a Canadian industry, the CBSA imposes anti-dumping or countervailing duty. These protectionist measures are usually imposed for a period of five years, after which a reassessment takes place. Under the Anti-Dumping Agreement of the World Trade Organization and Canada`s SIMA, anti-dumping duties may be applied if two conditions are met: in certain circumstances and only before the CITT has made a decision, the investigation may be suspended after provisional findings have been made if an undertaking has been entered into by the CBSA. An undertaking is a written agreement between the CBSA and exporters to increase the selling price of the product concerned in order to eliminate dumping or injury to canadian production. When goods are subsidized by the foreign government, the foreign government must commit to eliminating the subsidy or injury caused by the subsidy. Step 1 – The first step is conducted by the Canada Border Services Agency (CBSA) and generally includes an investigation to determine whether there has been dumping or subsidization. When anti-dumping or countervailing measures are in place, imports of dumped or subsidized products do not decrease unexpectedly and, in contrast, Canadian supplies, related investment and employment tend to increase. In 1984, Canada`s Special Import Measures Act (SIMA) came into force. The Act provides protection to Canadian producers harmed by the dumping or subsidizing of goods into Canada and is the main example of protectionism in Canada that importers will engage in. Dumping and subsidy investigations under the Special Import Measures Act (SIMA) help protect the Canadian industry from injury caused by the dumping and subsidizing of imported products.

The Canada Border Services Agency (CBSA) and the Canadian International Trade Tribunal (CITT) are jointly responsible for the investigation process. The CBSA investigation and the CITT investigation are conducted separately and have different timelines. For more information, see What you need to know about dumping and subsidy investigations. The NSIA process begins with the filing of a complaint with the CBSA`s Anti-Dumping and Counter-Terrorism Directorate. This application must be submitted by domestic producers representing 25% or more of the total Canadian production of the products […].