How the Canadian International Trade Tribunal (CITT) protects Canadian traders

Canada imports over $475 billion worth of merchandise annually, so there’s a lot at stake for importers and local producers. When disagreements arise, it’s good to know that the Canadian International Trade Tribunal (CITT) provides an impartial body that helps to enforce important trade laws and regulations that protect Canadian businesses.

Established on December 31, 1988, the CITT was formed after the merger of the Tariff Board, the Textile and Clothing Board, and the Canadian Import Tribunal. The CITT helps to oversee a fair and secure marketplace for Canadian companies by administering trade agreements, laws, and processes. Canada’s importers and producers should understand how the CITT works to address complaints and determine measures to be taken.

How does the CITT work?

The tribunal is comprised of up to seven full-time members who serve as impartial and independent decision-makers. They are tasked with considering the evidence presented to them and the applicable legislation, before handing down a ruling for each case brought to the tribunal.  

Overall, the CITT has powers similar to those of a superior court, including some rules and procedures like those of a court of law. However, the CITT operates in a much less formal manner to help promote accessibility, transparency, and fairness.

During the process of a CITT hearing, all parties get to submit their evidence and respond to other parties before the final decision. Information and evidence can be gathered through different requests, questionnaires, and public hearings with subpoenaed witnesses.

1. Filing a complaint – The process typically starts with a complaint that’s filed from a local company. A complaint could involve an appeal for a CBSA decision, a federal government procurement process, or another trade issue that’s causing injury to the company.
2. Starting an investigation – The CITT begins by determining if there’s sufficient evidence to proceed. Existing documentation is reviewed and, if necessary, the Tribunal will request additional information.
3. Conducting public hearings – After confirming that the case will process, the CITT holds public hearings where the complainant and respondents can present their case in further detail and examine the documentation and evidence submitted.
4. Deliberating and decision-making – Members of the Tribunal analyze the evidence and apply the relevant laws and agreements. They reach an impartial decision based on facts and the legal framework that applies to the case.
5. Issuing the decision – The CITT issues a detailed decision that outlines findings and describes measures to be taken. For example, if the CITT determines that injury exists because of dumped or subsidized goods, the Tribunal can recommend tariffs as a corrective measure.

Key areas of responsibility for the CITT

The mandate of the CITT covers a significant range of international trade and compliance issues. Typically, the CITT’s primary areas of responsibility focus on the following:

Anti-dumping injury inquiries

The CITT inquires into and decides whether dumped or subsidized imports may threaten to cause injury to domestic industry or businesses.

Procurement inquiries

The CITT looks into complaints by potential suppliers for procurement by the federal government. A tribunal focuses on whether the federal government breached obligations under various trade agreements that Canada participates in.

Customs and excise appeals

The CITT performs appeals for decisions made by the Canada Border Services Agency, with a focus on legislation that determines taxes and tariffs.

Economic and tariff inquiries

The CITT analyzes and provides advice on economic, trade, and tariff issues that are referred to the Tribunal by the Governor in Council or the Minister of Finance.

Get a fair and impartial trade hearing

The CITT is an essential organization for maintaining fair trade practices and protecting Canadian businesses against problems such as dumped or subsidized goods. If your business runs into a tariff or trade compliance disagreement when importing goods, the Tribunal offers a way for your case to be heard in a fair, impartial environment.

In a world of ever-changing regulations and requirements, an experienced partner by your side helps to avoid penalties, fees, and costly audits. We provide valuable guidance and support for importers, ranging from customs and compliance to audits and verifications. Connect with one of our experienced leaders.