Information for expedited reviews

In certain circumstances, the CBSA will conduct an expedited review of the normal value, export price, and amount of subsidy on the subject goods of an exporter. If an exporter wishes to request an expedited review, they should read the information below and contact an officer listed in the information section of the relevant Final Determination Statement of Reasons. This document can be found under the applicable investigation on the Investigations webpage.

Eligibility for an expedited review

Goods covered by the CITT’s Order or Finding of Injury (dumping/subsidizing)

Goods covered by the CITT’s Amended Order (Circumvention)

Under subsection 13.2(1.1) of SIMA, an expedited review may also be requested by an exporter of any goods to which an order or finding referred to in subsection 3(1.1) or (1.2) applies, if the exporter has not been requested to provide information in relation to those goods, or in relation to any goods that are of the same description as those goods for the purposes of determining their normal value, export price or amount of subsidy.

Requesting an expedited review

A request for an expedited review must be made in writing and must contain the following information in accordance with subsection 55(1) of the Special Import Measures Regulations (SIMR):

1. confirmation that the goods have been sold or consigned to an importer in Canada;
2. with respect to each sale or consignment of the goods to an importer in Canada,
   1. the name and address of the importer,
   2. a detailed description of the goods,
   3. the date of sale or consignment of the goods,
   4. the date of shipment of the goods,
   5. the purchase or consignment order number with respect to the goods and the date of the purchase or consignment order,
   6. complete details of the
      1. contract of sale or of the purchase order acknowledgement or acceptance, or
      2. consignment contract or of the consignment order acknowledgment or acceptance, and
   7. the name and address of the manufacturer or producer of the goods; and
3. a description of the exporting enterprise and a list of all associated persons who are located in the country of export.

The definition of “sale” from subsection 2(1) of the SIMA considers “an agreement to sell” as a sale. Therefore the physical importation of subject goods is not necessarily required for an expedited review, provided such an agreement is in place.

If the subject goods have been shipped to Canada on consignment and there is no known purchaser in Canada of the goods, then no sale will have taken place so an expedited review is not possible. Instead the goods will be subject to a ministerial specification pursuant to subsection 29(2) of the SIMA.

Note Hard copies are not required.

All SIMA related correspondence to the CBSA should be sent via email to simaregistry-depotlmsi@cbsa-asfc.gc.ca. Email is not secure, and has a 10MB file transfer size limitation.

For protected information and files larger than 10MB, please contact us via email to make arrangements on how to submit your information.

Expedited review process

If the exporter or producer meets the above requirements and has properly requested the expedited review, the CBSA will perform the review.

The CBSA will send a request for information (RFI) to the exporter, producer, importer and government of the country of export, as required. These parties will have a specified number of days to provide a complete response to the RFI. If a complete response is provided, the CBSA will use the information to determine normal values, export prices and/or an amount of subsidy for the goods in question. If a complete response is not provided, future shipments of subject goods will be subject to the methodologies for determining anti-dumping and countervailing duties set out in the relevant ministerial specification.

To benefit from an expedited review, an exporter of goods for which there is a measure in force is required to obtain an exporter ID comprised of a business number and program account (BN15) generated by the Canada Revenue Agency. An exporter ID and model IDs are required to give effect to specific normal values, export price deductions or amounts of subsidy, and allow for the application of surety.

Payment of duties

During the course of the expedited review, importers are still required to pay the duties determined pursuant to the methodology set out in the relevant ministerial specification. Under subsection 13.2(4) of the SIMA and section 56 of the SIMR, an importer may instead post security for subject goods imported from an exporter who is undergoing an expedited review under subsection 13.2(3) of SIMA. This option is available the day the review is initiated and ends the day it is completed. The option to post security is not available in an expedited review under subsection 13.2(3.1) in respect of goods subject to an order or finding that was amended as a result of a finding of circumvention.