The procedure of customs clearance and anti-dumping process
In practice, the procedure of imported goods customs clearance consists of following steps. At the point of goods entry, customs broker on behalf of Canadian importer or company-importer itself inform a structural unit of Canada Revenue Agency, about cargo arrival. In most cases, you can get the goods immediately after providing the minimum necessary set of documents. Over the next few days, the importer or broker represent the entire set of required documentation and pay all relevant fees and charges. Such required documents may include: sea or air bill of lading, commercial invoice, certificate of origin, inspections certificates (sanitary and other for certain types of goods), packing list, export and / or import permits (for some goods categories).
Since 1988, Canada has an international Harmonized Commodity Description and Coding System of the goods, which includes over 8,000 tariff lines. In accordance with this document any product imported to Canada has its own six-digit code that must be specified in the documents and sent to the customs service office. Special Import Measures Act was accepted as a protection measure against unfair competition in the sphere of products import that provides high penalty duties on goods sold by foreign exporters to Canada at dumped or subsidized prices. This practice corresponds with GATT Anti-Dumping Code and the GATT Agreement on Subsidies and Countervailing Measures.
Anti-dumping investigation is started with a complaint from the Canadian manufacturer or trade association. In this case, two conditions must be present: a fact of dumping, when foreign exporter sales goods in Canada at prices lower than the same goods are usually sold on domestic market of its own country, or at prices below the cost of production and dumping must affect or threaten material losses to Canadian manufactures of similar products. For the purpose of objectivity in dumping and subsidized export investigation process two different government agencies are involved: Canada Revenue Agency and the Canadian International Tribunal. The first determines whether the dumping or subsidizing exports fact was occurred or not. Responsibility of the second part is to find and estimate the scale of damage to Canadian manufacturing companies. Typically, it is easier to demonstrate that dumping takes place, rather than to prove that it causes damage to Canadian companies. In this case, pre-paid anti-dumping duties are returned to exporter and the dumping case is closed. Anti-dumping investigation may be terminated if foreign exporter refuses further export of this product to Canada or agrees to raise prices on it to eliminate dumping and, therefore, damage to Canadian manufactures. You can turn to professional consultants for details.
Kayla Campbell for Dilas independent customs brokers, providing customs clearance in Edmonton.
Dilas Intl Customs Brokers
10715 124 St NW Edmonton AB T5M 0H2 Canada (780) 701-0948
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