On 19 July 2019 the Canada Border Services Agency (CBSA) issued revisions to Memorandum D14-1-8, Re-investigation and Normal Value Review Policy – Special Import Measures Act (SIMA) (19 July 2019) to reflect updated policies and a new administrative process for submitting and responding to representations concerning the need to initiate a re-investigation or a normal value review.

The revisions clarify the criteria that the CBSA will apply when determining whether to initiate either a full re-investigation or a “normal value review” to update normal values, export prices and/or amounts of subsidy applicable to imported goods that are subject to a trade remedies measure under the Special Import Measures Act (SIMA). The “normal value review” is a relatively new administrative process that the CBSA implemented in June 2018. It provides a more streamlined alternative to a full re-investigation when updated values are only needed for “a particular exporter or a limited number of exporters”.

The revised Memorandum D14-1-8 also provides guidance on the re-investigation and normal value review processes, including the factors that the CBSA will consider when determining whether retroactive SIMA duties should be assessed for past importations. These revisions are summarized in the following “backgrounder” document that was published today on the CBSA website: CBSA, “BACKGROUNDER: Re-investigation and Normal Value Review Policy – Memorandum D14-1-8 – Special Import Measures Act (SIMA)”, (19 July 2019).

In addition, the CBSA has implemented a “transparent process” for stakeholders to make representations, review representations, and respond to representations concerning the need to update normal values, export prices and/or amounts of subsidy established for exporters in the course of previous SIMA investigations. On a going forward basis, the CBSA will publish public, non-confidential versions of the representations filed by stakeholders on its website in order to “allow other stakeholders to view and make submissions in response”. The new web resource for these submissions is available online at CBSA, “Normal Values: Making Representations to the CBSA” (19 July 2019).

Tereposky & DeRose regularly provides advice on Canadian trade remedy matters, including anti-dumping and countervailing duty investigations and safeguard actions. Should you have any questions regarding these new procedures, we are at your disposal.