The Cloud With A Silver Lining: How To Survive Canadian Anti-Dumping Actions

1. Introduction

When a company becomes subject to an anti-dumping investigation, it can be the start of significant damage to sales in Canada. A finding by the Canada Border Services Agency ("CBSA") that there has been dumping can result in preliminary anti-dumping duties so high as to make participation in the Canadian market economically impossible in the short-run. If the Canadian International Trade Tribunal ("CITT") subsequently finds that dumping has caused material injury to Canadian producers, an unprepared exporter may be effectively prevented from competing in the Canadian market for five years or more. However, with careful planning and some hard work, disruption in sales to Canada can be reduced and the process may even give rise to market opportunities for the well-prepared exporter. This article will describe how an exporter can minimize lost business and perhaps even increase the profitability of its sales to Canada with proper planning. Readers should