How to apply for a scope ruling

The Trade and Anti-dumping Programs Directorate of the Canada Border Services Agency (CBSA) conducts scope proceedings to specify whether the goods in question fall within the scope of a measure in force.

If you are thinking about preparing an application, you should start by reading this guide and consult the Scope proceedings.

After you have read these materials, if you have any questions, contact us. The CBSA can offer advice on preparing your application or answer your questions about the process.

As provided for in subsection 63(1) of Special Import Measures Act (SIMA), any interested person, as defined in subsection 52.3(2) in the Special Import Measures Regulations (SIMR), may submit an application for a scope ruling as it relates to any goods.

The following persons are interested persons:

1. any person who is, or may become,
   1. an importer of goods that are or could be subject to the applicable order, finding or undertaking, and
   2. an exporter of such goods;
2. a foreign producer of such goods;
3. a domestic producer of like goods in relation to goods that are subject to the applicable order, finding or undertaking; and
4. any other person who, in the opinion of the CBSA, has a substantial interest in the matter.

In preparing your written application, you must complete the following Statement of Application which identifies the goods for which you are requesting a scope ruling. This statement is also your pledge that the information in the application is true and complete.

Statement of Application Letter

An application for a scope ruling may request clarification on one or both of the following issues: whether the goods in question fall within the product description of a measure in force or whether the goods in question originate in the country named in a measure in force. Both issues may be examined in the same scope proceeding.

Your application must be complete in order for the CBSA to initiate a scope proceeding. Please ensure that all of the following information is provided.

• Identity of the Applicant

  Provide the complete name, address, email address and telephone number of the interested person that is making the application and identify a company contact should the CBSA require more information. Indicate whether you are an importer, exporter, foreign producer, or domestic producer.

• Applicable Measure

  Identify the measure in force that the request for a scope ruling relates to. Provide the name of the case and the definition of the subject goods. A list of the current measures in force can be found here.

• Goods for which the Ruling is Requested

  Precisely describe the goods for which you are requesting a ruling, including a description of their physical characteristics, their composition, their uses, their packaging, including any other goods contained in the packaging, along with, if any, their technical specifications and their trade name. If available, provide product literature for the goods including any promotional material.

  Indicate the country where the goods are produced and where they are exported from, if relevant.

  Provide the HS classification numbers used when the goods are imported into Canada.

  Indicate whether the goods have been sold or consigned to an importer in Canada and whether the goods have already been imported, if known.

• Other Parties

  Identify the importers of the goods, if known, and provide their complete name, address, email address and telephone number.

  Identify the producers or exporters of the goods, if known, and provide their complete name, address, email address and telephone number.

  Identify the Canadian producers of like goods and each association of those Canadian producers, if known, and provide their complete name, address, email address and telephone number.

• Applicant’s Position

  Provide your position as to whether the goods in question are within the scope of the applicable measure in force, along with arguments and supporting documents.

• Question of Origin

  Provide the following information in cases where your application relates to whether the goods in question originate in a country subject to the measure in force:

  • the name of the subject country and the third country;
  • a description of the goods at the time of their export from the subject country to the third country;
  • the complete name, address, email address and telephone number of each producer and exporter of the goods that are exported from the subject country to the third country;
  • a description of the movement of the goods from the subject country or third country to Canada; and
  • a description of production activities undertaken in the subject country, the third country and any intermediate country.

• Other Information

  Submit any other relevant information to support your position that the CBSA has not specifically asked for.

You should review your completed application to determine if you have included any confidential information. If you decide that your application does not contain confidential information, every page of the application should be marked "Non-Confidential". You must also make a statement, in a covering letter, that you do not consider any information in your submission to be confidential.

If the application contains confidential information, you must clearly mark "Confidential" on every page of the confidential application, including any attachments. You must also clearly indicate, by either enclosing all confidential information within square brackets or by shading, all confidential information contained in the confidential version. As a general rule, confidential information usually includes any commercial or financial details not normally made public. You must also prepare a non-confidential version of the application, together with an explanation of why this evidence is designated as confidential and a summary of the evidence designated as confidential in sufficient detail to convey a reasonable understanding of the evidence. For further guidance on preparing a non-confidential version of your application, please consult the Confidentiality and Disclosure Guidelines for SIMA Proceedings.

Subject to strict conditions, the CBSA may disclose confidential information in your application to counsel for other parties involved in the proceedings.

For more information, please refer to the Guidelines on the Disclosure of Confidential Information.

Please submit your completed application, along with your statement of application and a separate non-confidential version of this information, electronically to the CBSA via email or on a CD/DVD/USB at the appropriate address noted below:

By email: simaregistry-depotlmsi@cbsa-asfc.gc.ca

By mail:

Director General
c/o SIMA Registry and Disclosure Unit
Trade and Anti-dumping Programs Directorate
Canada Border Services Agency
100 Metcalfe Street, 11^th floor
Ottawa ON K1A 0L8

The CBSA will evaluate your application and decide whether to initiate a scope proceeding. Generally, you will be notified of the decision within 30 days. If the application is not complete, you will be advised of the additional information required.