A Study On Canadian Countervailing Duties Law

Canada is the country which initiates the first Countervailing Investigation against China. Simultaneously, it is the second largest contry in regard to the amount of Countervailing Investigations against China. Making a study of Canadian countervailing duties law systematically can provide helpful references for our governments and corporations in dealing with Countervailing Investigations against China.The source of Canadian countervailing duties law mainly includes Special Import Measures Act, Special Import Measures Regulations, Canadian International Trade Tribunal Act, Canadian International Trade Tribunal Rules. The enforcement bodies of Canadian countervailing duties law are Canada Border Services Agency and Canadian International Trade Tribunal. The former is responsible for the investigation of subsidy and the latter is responsible for the investigation of injury. Only both make a positive decision can countervailing duties be collected. The substantive rules of Canadian countervailing duties law includes the definition of subsidy, the classification of subsidy, the determination of the amount of subsidy, the standard of the injury and etc. The procedure rules of Canadian countervailing duties law includes the initiation of the investigations, preliminary investigations, undertakings, final investigations, re-investigations, interim reviews, expiry reviews, public interest inquiries and etc. Canada has initiated 6 Countervailing Investigations against China. Analyzing these cases is helpful to overall understanding of Canadian countervailing duties law.Canadian countervailing duties law' s enlightenment to China reflects on two aspects. On the one hand, the legislation and practice of Canadian countervailing duties law is worth learning. On the other hand, our country may confront more Countervailing Investigations initiated by Canada. Therefore, it has great meanings to summarize the experience of dealing with the Countervailing Investigations initiated by Canada and put forward corresponding countermeasures.