Business guide to trade remedies in Canada : anti-dumping, countervailing and safeguards legislation, practices and procedures..
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| Edition: | Rev. ed. |
|---|---|
| Imprint: | Geneva, Switzerland : International Trade Centre, 2006. |
| Description: | xvi, 180 p. ; 30 cm. |
| Language: | English |
| Series: | Business and the multilateral trading system |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/6270629 |
Table of Contents:
- Foreword
- Acknowledgements
- Note
- Executive summary
- Chapter 1. The world trading environment and the WTO trade remedy system
- Overview
- Globalization, trade and economic integration
- GATT/WTO - a historical perspective
- The evolution of the WTO trade remedy system
- Building on the GATT provisions
- What are trade remedies?
- How are trade remedy agreements implemented?
- The World Trade Organization trade remedy system
- Distinctions between the Agreements
- The Agreements in brief
- The Subsidies and Countervailing Measures Agreement
- The Anti-Dumping Agreement
- The Safeguards Agreement
- The Safeguards Agreement and developing countries
- The WTO anti-dumping and countervailing investigation procedures
- Phases of investigations
- Elements of procedures
- Complaints
- Length of time for investigations
- Determination and calculation of the margin of dumping
- Determination of the existence of a subsidy
- Determination of injury
- Definition of domestic industry
- The investigation process
- Provisional measures
- Undertakings
- Final determination
- Retroactivity
- Imposition and collection of duties
- Duration and review
- Transparency
- Appeal procedures
- Chapter 2. The Canadian trade remedy system
- Background
- Canada's use of trade remedy measures
- Dumping actions
- Countervailing duty actions
- Present Canadian anti-dumping and countervailing measures system
- CBSA structure and investigation process
- CBSA organization
- Overview of CBSA investigation process
- The investigation - complaint to preliminary determination
- The complaint
- Complainant's questionnaire
- Identification of the complainant
- Imported goods
- Goods produced in Canada
- Classes of goods
- Canadian industry
- Dumping
- Export price
- Subsidizing
- Demonstrating injury
- Properly documented complaint
- The initiation of an investigation
- Preliminary injury inquiry
- The CBSA investigation
- The dumping investigation
- The subsidy investigation
- CBSA verification
- Preliminary determination of dumping or subsidy
- Termination of the investigation
- De minimis
- Provisional duties
- Payment of duties
- Final investigation
- Undertakings
- Acceptance of an undertaking
- Rejection of an undertaking
- Completion of investigation following acceptance of an undertaking
- Termination of an undertaking
- Enforcement of undertakings
- Reviews of undertakings
- Role of CBSA following CITT injury decision
- Appeals from CBSA decisions
- Annex. List of anti-dumping and countervailing duty cases in place in Canada as at 1 July 2006
- Chapter 3. CBSA questionnaires and the calculation of margins of dumping and subsidies
- The decision to participate
- The CBSA dumping questionnaire
- Questionnaire section A - general information
- Questionnaire section B - exports to Canada
- Questionnaire section C - domestic sales information
- Like goods
- Calculation of normal value
- Questionnaire section D - cost of production
- Questionnaire section E - profitability
- Margin of dumping
- Margin of dumping for a product
- Margin of dumping for an exporter
- Zeroing
- Margin of dumping for a country
- Calculating subsidies and the subsidy questionnaires
- Government subsidy questionnaire
- Types of subsidy programmes and the general rules followed in calculating the amount of subsidy
- Income tax credits on exports
- Over-refund of indirect taxes
- Goods or services provided by a government
- Deductions from countervailable subsidies
- Grants
- Deferral of income taxes
- Loans, loan guarantees and equity
- Other subsidies
- Chapter 4. The Canadian International Trade Tribunal: the injury decision-making process
- Introduction
- CITT structure and injury inquiry process
- CITT organization
- CITT inquiry process in dumping and subsidizing cases
- The public hearing process
- Material injury criteria
- Injury
- Threat of material injury
- Retardation
- Cumulation
- Domestic industry
- Data accumulation and analysis
- Questionnaires and information requests
- Analysis process
- Analysis report
- Public hearings
- The injury determination
- Types of injury findings
- Finding of no injury
- Decision that the dumping or subsidizing has caused injury or retardation
- Decision of threat of injury
- Appeals and reviews
- Public interest inquiries
- Annexes
- I. CITT preliminary determinations of injury issued during year ending 31 March 2005
- II. CITT dumping findings issued and dumping inquiries during year ending 31 March 2005
- III. CITT dumping orders decisions and requests for interim reviews under consideration during year ending 31 March 2005
- IV. CITT orders issued and expiry reviews in progress during year ending 31 March 2005
- V. CITT findings and orders in force as of 31 March 2005
- VI. CITT cases before the Federal Court of Appeal or the Federal Court
- Chapter 5. The Canadian safeguards process
- Introduction
- Canadian law and CITT
- The legislation
- Duration of safeguard measures
- Provisional measures
- Global versus bilateral
- Mid-term review
- Extension inquiry
- Safeguard inquiries: Imports from China
- WTO safeguard actions and Canada
- The CITT inquiry process
- Overview
- Launching the process
- Notice of decision to initiate
- Confidentiality
- Reliance on information available
- Assessment of serious injury
- Indicators of evidence of serious injury
- Changes in market share/lost sales
- Price erosion or suppression
- Profitability
- Production, inventories, capacity utilization
- Employment
- Indicators of threat of serious injury
- Establishing the causal link
- Preliminary determination and provisional safeguard measures
- The public hearing process
- CITT recommendations
- Report
- Quotas as definitive safeguard measures
- Safeguards exclusions
- Final safeguards determination - public notice
- Termination of investigation
- Appendices
- I. Historical listing of dumping and subsidy investigations conducted pursuant to the Special Import Measures Act since its implementation on I December 1984
- II. Abbreviated example of dumping/subsidizing initiation: certain copper pipe fittings
- III. Abbreviated example of dumping or countervailing final determination: laminate flooring
- IV. Abbreviated example of dumping or countervailing final determination: Bingo paper
- V. Contacts in the Canada Border Services Agency and the Canadian International Trade Tribunal
- VI. Sample abbreviated exporter request for information
- References