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ARTICLE · 07 SEPTEMBER 2005

New Anti-Dumping Rules Applied By Canada – The "Zeroing" Debate

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Pursuant to Canada’s trade remedies legislation, unfairly traded goods may be subject to an anti-dumping duty if the goods are being "dumped" and if the Canadian International Trade Tribunal (the CITT) decides that the dumped goods have caused or are likely to cause material injury to like goods produced in Canada.

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This article was originally published in Blakes Bulletin on International Trade, July 2005

Article by: Greg Kanargelidis, ©2005, Blake, Cassels & Graydon LLP

Canadian importers applaud policy change that will lower dumping margins.

Introduction

Pursuant to Canada’s trade remedies legislation, unfairly traded goods may be subject to an anti-dumping duty if the goods are being "dumped" and if the Canadian International Trade Tribunal (the CITT) decides that the dumped goods have caused or are likely to cause material injury to like goods produced in Canada. The Canada Border Services Agency (the CBSA) determines whether particular goods are being dumped and the "margin of dumping" of those goods. The CBSA recently has ceased applying the "zeroing" methodology it has historically applied in making these calculations. This change in practice has been supported by importers and exporters, who point out that the changes are consistent with Canada’s international trade obligations.

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