./.WORLD TRADE
ORGANIZATIONG/ADP/AHG/W/153
20 October 2003
(03-5525)
Committee on Anti-Dumping Practices
Working Group on ImplementationOriginal:  English
ARTICLE 13 – JUDICIAL ARBITRAL OR ADMINISTRATIVE REVIEW
Paper by Canada
The following communication, dated 17 October 2003, has been received from the Permanent
Mission of Canada.
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Further to the decision of the Committee to examine additional topics for discussion as noted
in document G/ADP/W/433, Canada is pleased to submit the following paper as a contribution to
discussions on Article 13 of the Anti-Dumping Agreement (ADA).
The Requirements of Article 13
Article 13 of the ADA requires that each Member maintain judicial, arbitral or administrative
tribunals or procedures for the prompt review of administrative actions relating to final determinations
and reviews of determinations within the meaning of Article 11.  As explained below, Canada’s trade
remedy regime meets, and goes beyond, these requirements by providing parties with the opportunity
to seek review of all key anti-dumping determinations.
Members will recall that an anti-dumping investigation in Canada follows a bifurcated
process, with the Canada Customs and Revenue Agency (CCRA) responsible for determinations of
dumping, and the Canadian International Trade Tribunal (CITT), an independent quasi-judicial
tribunal, responsible for determinations in respect of injury and causation.  The CITT also functions asan independent administrative tribunal for the re view of CCRA decisions concerning the imposition
of duties.
Scope of Judicial Review Under Canadian Law
Under section 76 of the Special Import Measures Act , Canada’s principal
antidumping/countervail law, all orders and findings of the CITT are explicitly subject to judicial
review in the Canadian Federal Court of Appeal (FCA).  Moreov er, all relevant decisions and
determinations of the CCRA are either subject to appeal to the CITT or to judicial review in the FCA.
For greater clarity, section 96.1 of the Special Import Measures Act  set out the various CCRA and
CITT decisions that are subject to judicial review in the FCA.  Specifically:
With respect to ADA Article 2 - During an anti-dumping determination, the CCRA is
responsible for determining whether the product subjec t to the investigation is dumped, and if so, the
margin of dumping of the product from each source.  This determination is subject to judicial review
by the FCA.G/ADP/AHG/W/153
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With respect to ADA Article 3 – Once the CCRA has determined that dumping has occurred,
and the relevant margins of dumping, the CITT determines whether the dumped goods are causing, or
are threatening to cause, injury to the domestic industry.  This decision is subject to judicial review by
the FCA.
With respect to ADA Article 9 - If an investigation results in a final determination of
dumping and a final determination of injury, a measure is imposed through an anti-dumping order.
The CCRA is responsible for the administration of the order, including the imposition and collection
of duties pursuant to Article 9.  Determinations of the CCRA in this respect are subject to an appeal to
the CITT.  The CITT’s decision upon such an appeal is subject to judicial review by the FCA.
With respect to ADA Article 11.2 - Complete or partial interim reviews are carried out by the
CITT when new facts arise, or if there has been a sufficient change in the circumstances that led to the
order or finding.  The CITT will determine if the or der or finding should be rescinded or continued,
with or without amendment. The decision of the CITT in this regard is subject to judicial review by
the FCA.
With respect to ADA Article 11.3 - When an expiry review is initiated the CCRA is
responsible for determining whether the expiry of the order is likely to result in a continuation or
resumption of dumping.  This decision is subject to judicial review by the FCA.  If the CCRA
determines that the expiry of the order is likely to result in a continuation or resumption of dumping,
the CITT then determines whether the expiry of th e order is likely to result in the resumption or
continuation of injury to the domestic industry.  This determination is subject to judicial review by the
FCA.
Under Canada’s system of justice, any decision of the Federal Court of Appeal, including
those pertaining to the judicial review of CITT de cisions or determinations of dumping made by the
CCRA, are subject to review by the Supreme Court of Canada.
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