Summary of Recommendations
1. The Sub-Committees recommend that the SIMA legislation and process be continued, subject to the modifications addressed in this report.
2. The Sub-Committees recommend, first, that Revenue Canada take concrete measures to insure fair and equal access to the SIMA process by small and medium-sized Canadian producers.
3. The Sub-Committees recommend that the CITT be given the responsibility for making the preliminary determination of injury.
4. The Sub-Committees recommend that SIMA should be amended to provide counsel increased access to confidential information in anti-dumping/countervailing duty investigations conducted by Revenue Canada.
5. The Sub-Committees recommend that appropriate changes be made to Canadian trade legislation to permit access by experts to confidential information in SIMA proceedings before the CITT.
6. The Sub-Committees recommend the inclusion in SIMA Regulations the fact of dumping in third country markets as evidence of threat of future injury.
7. The Sub-Committees recommend that Revenue Canada make allowance in regulations to accommodate representations from interested parties when undertakings are being considered.
8. The Sub-Committees recommend that section 53(2) of SIMA be amended to allow the Deputy Minister of National Revenue to review and terminate undertakings before five years.
9. The Sub-Committees recommend that SIMA be amended to make cumulation mandatory in the CITT's procedures for determining injury.
10. The Sub-Committees recommend no change from the prospective method of duty assessment.
11. The Sub-Committees recommend that the Minister of Finance reforms SIMA provisions for the conduct of interim and expiry reviews, in light of the comments made above, and in this context, to bifurcate the administrative responsibilities for the conduct of such reviews.
12. The Sub-Committees further recommend that section 76 of SIMA be amended to require the CITT to assess the cumulative injurious effects of dumping/subsidizing in conducting interim and expiry reviews.
13. The Sub-Committees recommend that a non-exclusive list of factors be included in section 45 of SIMA that would guide the CITT respecting whether and how to conduct a public interest inquiry.
14. The Sub-Committees recommend that the CITT's decision, that an anti-dumping or countervailing duty might not be in the public interest, should be a formal decision reviewable by a Federal Court. The level of any duty reduction should continue as at present in section 45 of SIMA to be a report to the Minister of Finance.
15. The Sub-Committees recommend that the lesser duty concept as provided in Article 9.1 of the WTO Anti-dumping Agreement be incorporated in section 45 of SIMA provisions for public interest.
16. The Sub-Committees recommend that the Minister of Finance consider amending SIMA to allow for the temporary exemption of goods from anti-dumping/ countervailing duty orders under conditions of domestic short supply.