Normal Values: Making Representations to the CBSA
The CBSA monitors SIMA measures in force to ensure that normal values, export prices and/or amounts of subsidy (collectively referred to as “values”) remain up to date. As part of this process, stakeholders are encouraged to share their views regarding whether the values in place for a particular measure in force should be updated to reflect the current market conditions.
Note that exporters with normal values are required to promptly inform the CBSA in writing of changes to domestic prices, costs, market conditions or terms of sale associated with the production and sales of the goods. If exporters did not properly notify the CBSA of any such changes, did not adjust export prices accordingly, or did not provide the information required to make any necessary adjustments to normal values and export prices, retroactive assessments of anti-dumping duties may be warranted.
Stakeholders may make representations respecting the need for a re-investigation or normal value review to update values for a particular measure in force. These representations should be sent to the SIMA Registry and Disclosure Unit. The onus is on the stakeholder to clearly identify the relevant measure in force and provide information that is reasonably available to demonstrate the need for updated values, such as changing domestic selling prices; changing production and/or selling costs; changes to distribution channels, including the involvement of related parties in sales to Canada; changes in market conditions which may impact values; or changes in amounts of subsidy received. This should be provided to the CBSA in a timely manner, generally within 30 days of the market changes. Stakeholders may also suggest issues they wish the CBSA to examine in the course of a potential re-investigation or normal value review, including possible questions that could be included in the CBSA’s Requests for Information.
Where a stakeholder makes any representations containing information that is designated as confidential, the confidential version of the representations must be accompanied by a non-confidential version in order for the CBSA to take it into consideration. In cases where exporters are required to provide the CBSA with periodic pricing and cost information as part of the conditions attached to the issuance of their normal values, a non-confidential summary is also required. For more information, refer to the CBSA’s Confidentiality and Disclosure Guidelines for SIMA Proceedings. Failure to provide an adequate non-confidential version will result in the submission being disregarded and excluded from any consideration. It should be noted that these representations are not submitted as part of an ongoing SIMA proceeding. As a result, confidential information provided to the CBSA will not be disclosed to counsel representing other stakeholders.
Where representations are received, the CBSA will publish the non-confidential version of the representations on its website and, as a result, it will be available to other stakeholders. Other stakeholders may respond to any representations. However, any such responses should identify the associated correspondence and be submitted in a timely manner, generally within seven days, in order to ensure that the CBSA can take them into consideration.
These representations are one of the factors that the CBSA considers when determining whether to initiate a re-investigation or normal value review. Ultimately, the decision to initiate a re-investigation or normal value review rests with the CBSA. If the CBSA decides to initiate a re-investigation or normal value review, including as a result of requests to do so from stakeholders, it will publish an initiation notice on its website. The subscribers of the CBSA’s SIMA email alert service will be notified of such initiations.
For information about re-investigations and normal value reviews, please see Memorandum D-14-1-8.
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