Canada’s New Formalized Process for AD/CVD Scope Rulings

Information relating to Scope Proceedings

Importers may now request a formal Anti-Dumping and/or Countervailing Duty Scope ruling from Canada Border Services Agency.  A Scope Ruling is a binding ruling by the CBSA was to whether or not specific goods are subject to ADD/CVD duties.

Scope proceedings are formal processes whereby an interested person can obtain a scope ruling from the CBSA.  A scope ruling will specify whether the product in question falls within the product description of the applicable order, finding or undertaking, including whether the goods in question originate in a country named in the order, finding or undertaking.

A scope ruling is a ruling issued under subsection 66(1) of Special Import Measures Act (SIMA) as to whether certain goods are subject to an order or finding of the Canadian International Trade Tribunal (CITT), an undertaking in respect of which an investigation has been suspended under paragraph 50(a)(iii) or an order of the Governor in Council imposing a countervailing duty made under section 7 (subsequently referred to as an “anti-dumping or countervailing measure”).  A scope ruling indicates whether the goods are subject to the anti-dumping or countervailing measure; it does not result in a modification of the measure.

After receipt of the application, the CBSA has 30 days (or 45 days, if extended) to review it and determine if the application should be rejected. If the application is rejected, the CBSA will notify the applicant and provide the reasons for its decision.

The CBSA is required to terminate the scope proceeding or make a scope ruling within 120 days of initiation (or 210 days, if extended).