Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established Under the Special Import Measures Act to Importers
Ottawa, January 21, 2009
This memorandum outlines and explains the policy respecting the release of normal values, export prices and amounts of subsidy to importers.
1. The purpose of this policy is twofold:
2. When applicable, the amount of subsidy by exporter will normally be provided in the CBSA's public decision documents, which are available on the CBSA Web site. In cases where the amount of subsidy is not publicly disclosed, the following applies.
3. There are three general reasons for an importer to request information relative to normal values, export prices, and amounts of subsidy. These are indicated below together with the specific policy applicable.
4. CBSA officers may release normal values, export prices and amounts of subsidy to importers on a need-to know basis, i.e. so the importer may obtain release of a shipment of goods or finally account for goods previously released.
5. A CBSA officer may provide normal values, export prices and amounts of subsidy to an importer relative to goods, which the importer has purchased and which are in transit, providing the importer makes the request in writing and presents documentary evidence sufficient to satisfy the officer that the goods are indeed in transit.
6. A CBSA officer may inform a potential importer whether or not quoted prices will incur provisional duty, anti-dumping duty or countervailing duty. Where such an information request involves an exporter that has been provided specific normal values, the potential importer must make the request in writing and support the request with a copy of a price quotation from the exporter. Under no circumstances will a potential importer be given confidential normal values, export prices or the amounts of subsidy. The importer will only be informed whether or not the prices quoted will incur provisional duty, anti-dumping duty or countervailing duty.
7. Where a CBSA officer releases information according to the policy set out in this memorandum, normal values, export prices and amounts of subsidy are subject to change in accordance with sections 55, 56, 57 or 59 of the Special Import Measures Act and, should a review take place, accounting documents covering the goods imported may be amended accordingly. As a result of such a review, the CBSA may refund excess duties paid or request additional duties from the importer.
Trade Programs Directorate
|Legislative references||Special Import Measures Act, sections 55, 56, 57 and 59|
|Superseded memoranda D||
D14-1-2, August 29, 2008