Special Import Measures Act investigative process and timeframes

Day 0

The CBSA receives a formal complaint

Within 21 days of receiving the complaint^{Footnote 1}

• The CBSA determines whether the complaint has been properly documented
• If it was not properly documented, all proceedings end

Within 30 days of determining proper documentation (extendable to 45 days)^{Footnote 2}

• The CBSA must decide whether to initiate an investigation
• If the CBSA does not initiate an investigation, all proceedings end
• If the CBSA decides to initiate an investigation, the Canadian International Trade Tribunal (CITT) will commence its preliminary injury inquiry

Within 60 days of initiation^{Footnote 3}

• The CITT will either terminate its inquiry or make a preliminary finding of injury
• All proceedings (including the CBSA’s investigation) are terminated if the CITT:
  • terminates its inquiry, or
  • does not make a preliminary finding of injury
• If the CITT makes a preliminary determination of injury, the CBSA will make a preliminary determination or terminate its investigation

Within 90 days of initiation (extendable to 135 days)^{Footnote 4}

• The CBSA makes a preliminary determination into whether goods are being dumped or subsidized
• If the CBSA terminates the investigation, all the proceedings are terminated including the CITT injury inquiry

Within 90 days after preliminary determination^{Footnote 5}

• The CBSA may impose provisional duties
• The CITT will initiate its injury inquiry
• If the CBSA accepts price undertakings, both the CBSA investigation and CITT inquiry could be suspend
• If not, the CBSA will either terminate its investigation or make a final determination of dumping or subsidizing of the goods

Within 120 days after preliminary determination^{Footnote 6}

• If the CBSA makes a final determination of dumping or subsidizing of the goods, the CITT will make its final injury finding
• All proceedings are terminated and the provisional duties are returned if:
  • the CBSA terminates the investigation, or
  • the CITT determines there is no injury

Where the CITT makes a finding of injury, the CBSA will review and finalize the provisional duties within six months of the finding. The CBSA will collect final duties and monitor imports of subject goods for the next 5 years while the finding is in place.^{Footnote 7}