Canadian International Trade Tribunal Rules (SOR/91-499)

Review under Section 76.01 or 76.02 of the Special Import Measures Act

• 70 (1) A request by a person to the Tribunal for a review under subsection 76.01(1) or 76.02(1) of the Special Import Measures Act must set out the following information:

  • (a) the name, address for service, telephone number and fax number, if any, of the person making the request and of their counsel, if any;

  • (b) the nature of their interest in the order or finding;

  • (c) the grounds on which the person believes initiation of the review is warranted and a statement of the facts on which the grounds are based; and

  • (d) the nature of the order or finding that the person believes the Tribunal should make under subsection 76.01(5) or 76.02(4) of the Special Import Measures Act on completion of the review.

• (2) On receipt of a properly documented request referred to in subrule (1), the Tribunal shall inform each party to the inquiry or review that resulted in the order or finding of its receipt of the request and shall give them an opportunity to make representations to the Tribunal concerning the request.

• 71 (1) If the Tribunal decides to review an order or a finding under subsection 76.01(1) or 76.02(1) of the Special Import Measures Act, the Tribunal shall forthwith cause to be published in the Canada Gazette a notice of review that sets out the following information:

  • (a) the statutory authority for the review;

  • (b) the subject-matter of the review, together with any other relevant details of the review;

  • (c) the date on or before which an interested party must file a notice of participation;

  • (d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1);

  • (e) the date on or before which any written submissions must be filed;

  • (f) the number of copies of each written submission that must be filed;

  • (g) instructions with respect to the filing of confidential information;

  • (h) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the review may be obtained; and

  • (i) the place and time fixed for commencement of a hearing in the review.

• (2) The Tribunal must send a copy of a notice of review to each person to whom and government to which it would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53.

72 In order to decide whether an interim review under section 76.01 of the Special Import Measures Act is warranted, the Tribunal may request the parties to provide information concerning

• (a) whether changed circumstances or new facts have arisen since the making of the order or finding;

• (b) facts that were not put in evidence in the original proceedings and that were not discoverable by the exercise of reasonable diligence; and

• (c) any other matter that is relevant to the review.

73 For the purposes of subsections 76.01(6) and 76.02(5) of the Special Import Measures Act, the other persons to whom and governments to which a copy of the order or finding and reasons for it must be forwarded are the persons — other than the President — and governments who received a copy of the notice of review.

Review under Section 76.03 of the Special Import Measures Act

• 73.1 (1) When an order or a finding is deemed to be rescinded on the expiry of a five-year period in accordance with subsection 76.03(1) of the Special Import Measures Act, the notice of expiry that the Tribunal must cause to be published in the Canada Gazette in accordance with subsection 76.03(2) of that Act shall set out the following information:

  • (a) the date on which the order or finding will be deemed to be rescinded;

  • (b) the date on or before which any written submissions must be filed by any person or government requesting or opposing the initiation of a review of the order or finding;

  • (c) the number of copies of each written submission that must be filed;

  • (d) instructions with respect to the filing of confidential information; and

  • (e) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the expiry may be obtained.

• (2) After the publication of a notice of expiry referred to in subrule (1), the Tribunal must, if it does not receive a request for a review from a person or government and it decides not to initiate a review on its own initiative under subsection 76.03(3) of the Special Import Measures Act, advise the interested parties of that decision.

• (3) If the Tribunal decides to initiate a review, the information that must be included in a notice of the initiation of a review that the Tribunal must cause to be published in the Canada Gazette, in accordance with subsection 76.03(6) of the Special Import Measures Act, is the information specified in subrule 71(1).

• (4) The Tribunal must send a copy of a notice of expiry to each person to whom and government to which it would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53.

• (5) For the purposes of paragraph 76.03(6)(a) of the Special Import Measures Act, the other persons to whom and government to which a notice of the Tribunal’s decision to initiate an expiry review must be sent are the persons — other than the President — to whom and government to which it would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53.

73.2 In order to decide whether an expiry review under section 76.03 of the Special Import Measures Act is warranted, the Tribunal may request the parties to provide information in relation to the factors prescribed in section 37.2 of the Special Import Measures Regulations and any other matter that is relevant to the review.

73.3 If the President determines that the expiry of the order or finding is likely to result in a continuation or resumption of dumping or subsidizing, the President must provide without delay to the Tribunal under subsection 76.03(9) of the Special Import Measures Act the following information:

• (a) the reasons for the determination;

• (b) information relating to the enforcement of the Tribunal’s order or finding and, in particular, to the extent available, the total volume and value of the imports and the volume and value of the dumped or subsidized imports and undumped or unsubsidized imports; and

• (c) any other information that has been taken into consideration by the President.

73.4 If the Tribunal makes an order under subsection 76.03(12) of the Special Import Measures Act, it must cause a notice of it to be published in the Canada Gazette and send a copy of the order and reasons for it to each party as well as to each person who was provided with the notice of the Tribunal’s decision to initiate the expiry review.

Review under Section 76.1 of the Special Import Measures Act

• 73.5 (1) If the Minister requests the Tribunal to review an order or a finding under subsection 76.1(1) of the Special Import Measures Act, the Tribunal must publish a notice of review in the Canada Gazette that sets out the information specified in subrule 71(1).

• (2) The Tribunal shall send a copy of a notice of review to each person to whom and government to which the Tribunal would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53.

73.6 If the Tribunal continues or amends an order or a finding under subsection 76.1(2) of the Special Import Measures Act, it must cause a notice of its decision to be published in the Canada Gazette and send a copy of the decision and the reasons for it to each party as well as to each person who was provided with the notice of review.

Application of Certain Rules

• 73.7 (1) Subject to subrule (2), rules 59 to 61.2 apply, with any modifications that the circumstances require, to a review under this Part.

• (2) Rules 61.1 and 61.2 do not apply to a review under section 76.01, 76.02 or 76.1 of the Special Import Measures Act.

PART VIIRulings Under Section 89 and Reconsiderations Under Paragraph 91(1)(g) of the Special Import Measures Act

Application

74 This Part applies

• (a) to a request made to the Tribunal by the President pursuant to section 89 of the Special Import Measures Act for a ruling on the question of which of two or more persons is the importer in Canada of goods imported or to be imported into Canada on which duty is payable or has been paid or will be payable if the goods are imported; and

• (b) to a reconsideration, under paragraph 91(1)(g) of that Act, of an order or finding made by the Tribunal in an inquiry referred to in paragraph 90(c) of that Act.

Notice of Request by President

75 Where the President makes a request pursuant to subsection 89(1) of the Special Import Measures Act, the President

• (a) shall give notice of the request to

  • (i) each of the two or more persons referred to in that subsection,

  • (ii) if the President made the request at the request of a person interested in the importation of the goods referred to in that subsection, that person interested, and

  • (iii) each exporter to Canada of those goods; and

• (b) shall file with the Tribunal a list of the names, addresses for service, telephone numbers and fax numbers, if any, of the persons given notice pursuant to paragraph (a).

Notice of Request for a Ruling

• 76 (1) Immediately after the list referred to in paragraph 75(b) is filed with the Tribunal, the Tribunal must cause to be published in the Canada Gazette a notice of request for a ruling setting out the following information:

  • (a) the statutory authority for the request for a ruling;

  • (b) the matter or thing that is the subject of the request for a ruling;

  • (c) the date on or before which any written submission must be filed with the Tribunal and the number of copies of any written submission that must be filed;

  • (d) instructions with respect to the filing of confidential information;

  • (e) a statement as to whether the Tribunal has or has not directed that a hearing be held;

  • (f) where the Tribunal has directed that a hearing be held, the following information, namely,

    • (i) the place and time fixed for commencement of the hearing or, if the place and time have not been fixed, a statement that notice of the place and time fixed for the hearing will be given to any person who files with the Tribunal a written request for such a notice,

    • (ii) the date on or before which an interested person must file with the Tribunal a notice of participation, and

    • (iii) the date on or before which counsel for a person who files a notice of participation must file with the Tribunal a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1);

  • (g) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the request for a ruling may be obtained; and

  • (h) any other information that the Tribunal considers relevant to the ruling.

• (2) The Tribunal shall send a copy of a notice of request for a ruling to the following persons:

  • (a) the President; and

  • (b) each person shown on the list referred to in paragraph 75(b).