Special Import Measures Act (R.S.C., 1985, c. S-15)

Marginal note:Where exporter provides benefit on resale in Canada

28. For the purposes of sections 24 and 25, where the exporter of goods sold to an importer in Canada agrees with the importer to provide, directly or indirectly, to persons who purchase the goods in Canada

• (a) on resale from the importer, or

• (b) from any person on any subsequent resale,

any benefit by way of rebate, service, other goods or otherwise, the export price of the goods is the export price as otherwise determined under this Act, after subtracting therefrom any amount that is required to be subtracted under section 26, minus an amount to reflect the value of the benefit to persons who purchase the goods on resale.

Marginal note:Normal value and export price where information not available

• 29. (1) Where, in the opinion of the President, sufficient information has not been furnished or is not available to enable the determination of normal value or export price as provided in sections 15 to 28, the normal value or export price, as the case may be, shall be determined in such manner as the Minister specifies.

• Marginal note:Consignment shipments

  (2) Where goods are or are to be shipped to Canada on consignment and there is no known purchaser in Canada of the goods, the normal value and export price of the goods shall be determined in such manner as the Minister specifies.

Marginal note:Normal value and export price where goods exported to Canada through another country

• 30. (1) Where goods are exported to Canada from one country but pass in transit through another country, the normal value and export price of the goods shall, subject to such terms and conditions as to shipment, documentation, warehousing, transhipment or the like as are prescribed, be determined as if the goods were shipped directly to Canada from the first mentioned country.

• Marginal note:Normal value and export price where goods shipped indirectly to Canada

  (2) Where any goods

  • (a) are or are to be shipped indirectly to Canada from the country of origin through one or more other countries, and

  • (b) would, but for this section, have a normal value as computed under sections 15 to 23 or section 29 that is less than the normal value would be if the country of export were the country of origin,

  the normal value and export price of the goods shall, notwithstanding any other provision of this Act, be determined as if the goods were or were to be shipped directly to Canada from the country of origin.

Marginal note:Determination of margin of dumping in respect of a country

30.1 For the purposes of subparagraphs 35(1)(a)(ii), 38(1)(a)(i) and 41(1)(a)(ii) and paragraphs 41.1(1)(a) and (2)(a), the margin of dumping in relation to goods of a particular country is the weighted average of the margins of dumping determined in accordance with section 30.2.