Some of the important information in the D-Memorandum
What can be
A request for re-determination may cover:
(a) the normal value;
(b) the export price;
(c) the amount of subsidy;
(d) the amount of the export subsidy; or
(e) whether the goods are of the same description as those
described in the order or finding of the Tribunal or in the order
of the Governor in Council.
Who can file a request for
A request may be filed by the importer or the importer's
agent. In the case of goods of a NAFTA country, the government of
that NAFTA country or the producer, manufacturer or exporter of the
goods, if they are of that NAFTA country, may file a request. These
requests will be reviewed whether or not the importer has paid the
duties owing on the goods.
Does am importer have to pay
the assessed antidumping duties, GST, penalties and interest prior
to the acceptance of the request for
Yes. An importer, agent, NAFTA country, manufacturer or
exporter from a NAFTA country may submit a request to the CBSA only
if all duties owing on the goods have been paid. The CBSA will
reject requests when importers have not paid the duties for the
goods at issue.
What is the time limit for
filing a re-determination?
A request for re-determination must be filed within 90 days of the
CBSA officer's or the designated officer's decision.
If the 90th day after the date of the decision falls on a Saturday,
Sunday or holiday, the final day for making a request for
re-determination will be the next business day. The date of
receipt of a request for re-determination, or the date of the
registered postmark when delivered registered mail, is considered
to be the date that the request is made.
How to file a request for
The CBSA states in the D-Memorandum that "[a] separate
request on form B2, Canada Customs – Adjustment
Request, must be made for every transaction with respect to the
goods that are the subject of the request for re-determination,
except in the case of blanket requests." A blanket
request is a procedure through which an importer may request
re-determinations on more than one transaction on a single form B2.
This can be done under specific conditions, provided that both the
public and the CBSA receive administrative benefits. Under the
blanket request procedure, the same designated officer or
President's decision is issued with respect to each transaction
included in the request. Written authorization must be obtained
prior to submitting the form B2 covering multiple
What should be included with
a request for re-determination?
The CBSA wishes to receive as part of the request for
re-determination the following information (as attachments under
field No. 37 of the B2):
(a) a statement setting out the grounds on which the determination
or re-determination is contested;
(b) a statement setting out the facts on which the request for
re-determination is based;
(c) evidence in support of the facts referred to in subparagraph
(d) a copy of the original (i.e., interim and final) accounting
(e) a copy of the customs invoice or a commercial invoice (which
meets the CBSA's invoice requirements);
(f) a copy of the cargo control document;
(g) copies of any required certificate(s) and/or permit(s);
(h) a copy of the form B3-3, Canada Customs Coding Form, if
The CBSA identifies other documents that may facilitate an
expeditious resolution of the request, such as, the purchase order
or sales contract, commercial invoice and letter of credit. The
CBSA informs that evidence to be submitted should include samples
of the imported product, product literature/specifications,
certificates of specification, and purchase documents describing
the goods in detail (for example, purchase order, commercial
invoice, etc.). The CBSA also wants to receive the telephone
number of someone at the company/requester to be able to discuss
the request for re-determination.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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While that agreement mandated export measures on Canadian softwood lumber exports destined for the United States, it also protected those lumber exports from the potential imposition of onerous import measures by the U.S.
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