The Government of Canada is extending the time limits of certain SIMA proceedings under the Order Respecting Time Limits Under the Special Import Measures Act (COVID-19), made by the Minister of Finance on September 30, 2020.
The completion of CBSA investigations, CITT inquiries, expiry reviews and re-determinations by CBSA and CITT require that a wide range of participants provide information to enable the CBSA and CITT to make their determinations. This includes information provided by Canadian producers, Canadian importers, foreign exporters and foreign governments.
Due to business shutdowns and restrictions caused by COVID-19, the ability of certain parties to fully participate in trade remedy proceedings has been impeded. As such, this creates challenges for the CBSA and CITT to make well-substantiated determinations within the time limits required by SIMA.
To address these challenges, the Order Respecting Time Limits Under the Special Import Measures Act (COVID-19) will extend certain legislated time limits for certain SIMA proceedings.
The extended time limits apply as follows, but with the limitation that they cannot be extended beyond December 31, 2020.
- Final determinations of dumping/subsidizing and injury: For investigations initiated on or before April 1, 2020, maximum time limits for the CSBA’s final determination of dumping and/or subsidizing and the CITT’s final injury finding are extended by 165 days and 180 days, respectively. Provisional duties applied as a result of a preliminary determination will continue to apply for the duration of any extension.
2. Expiry Reviews: For expiry reviews initiated on or before September 30, 2020, the following maximum time limits are each extended by 180 days:
- the CBSA’s determination as to whether the expiry of the measure is likely to result in the continuation or resumption of dumping and/or subsidizing; and
- the CITT’s determination as to whether the expiry is likely to result in injury to the domestic industry.
Duties applied as a result of the finding or order subject to the expiry review will continue to apply for the duration of any extension of that expiry review.
- Re-determinations: For re-determinations, the Order provides the flexibility to extend maximum time limits by up to six months for re-determinations that must be made by the CBSA on or before December 30, 2020.
The extended time limits will only be used by CBSA and CITT where there is difficulty in obtaining the necessary evidence as a result of COVID‑19 (e.g., shutdown of business operations for SIMA participants due to government orders). When used, revised schedules of investigations, inquiries or reviews will be provided to all participants.
Further details can be found in the Order Respecting Time Limits Under the Special Import Measures Act (COVID-19).
Please contact your Livingston account representative should you have any questions.