When the Canada Border Services Agency initiates an antidumping
case in Canada, they send the Dumping RFIs to exporters and foreign
producers identified by the complaining domestic producer by snail
mail. These important packages take many days to reach their
destination – while the clock is ticking on the firm
deadline. The exporters and foreign producers must gather their
resources to quickly start to complete the RFI.
We have a number of recommendations to help exporters and
foreign producers to work quickly in gathering hundreds of pages of
information (much of which must be translated into English or
Put together a team because one
person cannot do all the work. An efficient team will include
people from various roles and departments within the organization.
A director of the company;
Someone from the legal
Someone from the IT Department
– who can create excel spreadsheets and pull information from
sales and production records;
The domestic sales manager (a senior
official in charge of sales of the subject goods within the home
The sales person who is responsible
for Canada and who knows about all sales of the subject goods to
A senior official in the finance
department who can assist with providing all the financial
An English speaking employee to work
with outside counsel and also be ready to host the CBSA during the
Create a schedule for completion of
parts of the Dumping RFI. Take 2 hours to review the Dumping RFI
and develop a plan. This is the best way to ensure that the work is
completed with a day or two for couriering the completed Dumping
RFI to the CBSA. Early is better than late.
Review the Dumping RFI and answer the
easy questions on the first day. It is possible to complete 50% of
the written answers in the first few days.
Go through the Dumping RFI with a
Yellow highlighter and mark all of the questions asking for flow
charts. Prepare those flow charts on the second day after receiving
the Dumping RFI.
Go through the Dumping RFI with a
Blue highlighter and mark all of the questions asking for documents
(e.g., articles of incorporation, corporate structure, lists of
shareholders, organizational charts, sample transactions,
specifications, charts of accounts, annual reports, financial
statements, income statements, profit and loss statements, etc.).
Assign the retrieval of the documents to the appropriate person.
For example, the domestic sales manager should gather the 12
domestic sales transactions. Ensure all documents are provided in
original form and are translated.
Arrange a translator to start working
as soon as possible to translate documents into English;
Carefully review the Appendices with
the IT department. Get them working to pull from the electronic
accounting records all the information requested by the CBSA. This
information is the most difficult to gather.
As each document is gathered and
translated, identify the document with reference to the question in
the RFI. If a document is provided in response to question D1, the
document should be marked Exhibit D1. This makes it easy to
organize the documents.
As each document is finalized, any
confidential documents should be stamped "Confidential"
and each page should be numbered.
As you write the Dumping RFI answers,
know that the public version will be viewed by the Canadian
domestic industry. Make sure to identify confidential information
from the very beginning of the preparation.
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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