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

Exemption from Application of Act

Marginal note:Exemption of goods from application of Act

• 14 (1) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations exempting any goods or class of goods from the application of this Act.

• Marginal note:Exemption of goods of Chile from application of Act

  (2) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations exempting any goods or class of goods of Chile from the application of this Act or any of its provisions. The exemption may be in respect of the dumping of those goods or that class.

• Marginal note:Duration and conditions

  (3) Regulations made under subsection (2) may specify the period during which the exemption applies and make it subject to conditions.

Normal Value, Export Price, Margin of Dumping and Amount of Subsidy

Normal Value

Marginal note:Determination of normal value of goods

15 Subject to sections 19 and 20, where goods are sold to an importer in Canada, the normal value of the goods is the price of like goods when they are sold by the exporter of the first mentioned goods

• (a) to purchasers

  • (i) with whom the exporter is not associated at the time of the sale of the like goods, and

  • (ii) who are at the same or substantially the same trade level as the importer,

• (b) in the same or substantially the same quantities as the sale of goods to the importer,

• (c) in the ordinary course of trade for use in the country of export under competitive conditions,

• (d) during such period of sixty days that ends in the interval commencing with the first day of the year preceding the date of the sale of the goods to the importer and ending on the fifty-ninth day after such date as is selected by the President or, where, in the opinion of the President, the nature of the trade in those goods or the fact that they are sold to the importer for future delivery requires that sales of like goods by the exporter during a period other than a period of sixty days that ends in that interval be taken into account, during such period of sixty days or longer

  • (i) that precedes the date of the sale of the goods to the importer, or

  • (ii) where the goods are sold to the importer for future delivery, that precedes the date of the sale of the goods to the importer or within the year that precedes the date of the delivery of the goods to the importer

  as the President specifies for those goods or for goods of the class to which those goods belong, and

• (e) at the place from which the goods were shipped directly to Canada or, if the goods have not been shipped to Canada, at the place from which the goods would be shipped directly to Canada under normal conditions of trade,

adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, in taxation and other differences relating to price comparability between the goods sold to the importer and the like goods sold by the exporter.

Marginal note:Rules applied in determining normal value

• 16 (1) In the application of section 15 in the case of any goods,

  • (a) if there was not, in the opinion of the President, such a number of sales of like goods made by the exporter at the place described in paragraph 15(e) as to permit a proper comparison with the sale of the goods to the importer in Canada, but sales of like goods were made by the exporter at one other place or several other places in the country of export, there shall, for the purpose of making that comparison, be included with sales of like goods made by the exporter at the place described in paragraph 15(e) sales of like goods made by the exporter at that one other place or at the nearest of the several other places to the place described in paragraph 15(e), as the case may be;

  • (b) if there was not, in the opinion of the President, such a number of sales of like goods made by the exporter to purchasers described in subparagraph 15(a)(i) who are at the same or substantially the same trade level as the importer in Canada as to permit a proper comparison with the sale of goods to the importer, but there was such a number of sales of like goods made to purchasers described in subparagraph 15(a)(i) who are at the trade level nearest and subsequent to that of the importer, there shall be substituted for the purchasers described in paragraph 15(a) purchasers described in subparagraph 15(a)(i) who are at the trade level nearest and subsequent to that of the importer;

  • (c) if by reason of the fact that

    • (i) the sales of like goods made by the exporter were solely or primarily for export, or

    • (ii) the sales of like goods made by the exporter during the period that is applicable by reason of paragraph 15(d) were solely or primarily to purchasers who at any time during that period were not purchasers described in subparagraph 15(a)(i),

    there was not, in the opinion of the President, such a number of sales of like goods made by the exporter as to permit a proper comparison with the sale of the goods to the importer in Canada, but there were sales of like goods for use in the country of export by other vendors, such one or more of any of those vendors that the President may specify shall be deemed to be the exporter for the purpose of determining the normal value of the goods sold to the importer in Canada;

  • (d) if the quantity of goods sold to the importer in Canada is larger than the largest quantity of like goods sold by the exporter for use in the country of export, the sales of like goods shall be those sales of like goods that are in the largest quantity sold by the exporter for such use; and

  • (e) if the quantity of goods sold to the importer in Canada is smaller than the smallest quantity of like goods sold by the exporter for use in the country of export, the sales of like goods shall be those sales of like goods that are in the smallest quantity sold by the exporter for such use.

• Marginal note:Idem

  (2) In determining the normal value of any goods under section 15, there shall not be taken into account

  • (a) any sale of like goods for use in the country of export by a vendor to a purchaser if the vendor did not, at the same or substantially the same time, sell like goods in the ordinary course of trade to other persons in the country of export at the same trade level as, and not associated with, the purchaser;

  • (b) any sale of like goods by the exporter within a period, determined by the President, of not less than six months, where

    • (i) the sale is made at a price that is less than the cost of the goods,

    • (ii) either

      • (A) the sale is of a volume that, or is one of a number of sales referred to in subparagraph (i) the total volume of which, is not less than twenty per cent of the total volume of like goods sold during that period, or

      • (B) the average selling price of like goods sold by the exporter during that period is less than the average cost of those like goods, and

    • (iii) the sale is made at a price per unit that is not greater than the average cost of all like goods sold during that period; and

  • (c) any sale of like goods for use in the country of export by the exporter to a purchaser if, in the opinion of the President, a particular market situation exists which does not permit a proper comparison with the sale of the goods to the importer in Canada.

• Marginal note:Paragraph (2)(c)

  (2.1) For the purposes of paragraph (2)(c), a particular market situation may be found to exist in respect of any goods of a particular exporter or of a particular country, as is appropriate in the circumstances.

• Marginal note:Meaning of cost

  (3) For the purposes of paragraph (2)(b), cost means, in relation to goods, the cost of production of the goods and the administrative, selling and all other costs with respect to the goods.

Marginal note:Price of like goods

17 In determining the normal value of any goods under section 15, the price of like goods when sold by the exporter to purchasers during the period referred to in paragraph 15(d) in a sale or sales that comply with the terms and conditions referred to in section 15 or with those terms and conditions that apply by virtue of subsection 16(1) is, at the option of the President in any case or class of cases, except a case or class of cases to which subsection 30.2(3) applies,

• (a) the weighted average of the prices at which like goods were sold by the exporter to purchasers during that period; or

• (b) the price at which like goods were sold by the exporter in any sale during that period where, in the opinion of the President, the price is representative of the prices at which like goods were sold during that period.

Marginal note:Goods deemed to be like goods

18 Where goods imported into Canada and goods sold for use in the country of export are like goods except only that the goods sold for such use have applied to them a trademark, as defined in the Trademarks Act, that is not applied to the goods imported into Canada, and goods like the goods imported are not sold for use in the country of export, the goods imported and the goods sold for such use shall be deemed to be like goods for the purposes of this section if, in the opinion of the President,

• (a) the goods are being imported into Canada without that trademark applied to them in order to avoid the operation of section 15; and

• (b) it is probable that there will be applied to the goods, subsequent to their importation into Canada, that trademark or any other mark so closely resembling that trademark that it is likely to be taken therefor.

Marginal note:Where normal value cannot be determined under section 15

19 Subject to section 20, where the normal value of any goods cannot be determined under section 15 by reason that there was not, in the opinion of the President, such a number of sales of like goods that comply with all the terms and conditions referred to in that section or that are applicable by virtue of subsection 16(1) as to permit a proper comparison with the sale of the goods to the importer, the normal value of the goods shall be determined, at the option of the President in any case or class of cases, as

• (a) such price of like goods when sold by the exporter to importers in any country other than Canada during the period referred to in paragraph 15(d) as, in the opinion of the President, fairly reflects the market value of the goods at the time of the sale of the goods to the importer in Canada, adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, in taxation and other differences relating to price comparability between the goods sold to the importer in Canada and the like goods sold by the exporter to importers in the country other than Canada; or

• (b) the aggregate of

  • (i) the cost of production of the goods,

  • (ii) a reasonable amount for administrative, selling and all other costs, and

  • (iii) a reasonable amount for profits.

Marginal note:Normal value where export monopoly

• 20 (1) Where goods sold to an importer in Canada are shipped directly to Canada

  • (a) from a prescribed country where, in the opinion of the President, domestic prices are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market, or

  • (b) from any other country where, in the opinion of the President,

    • (i) the government of that country has a monopoly or substantial monopoly of its export trade, and

    • (ii) domestic prices are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market,

  the normal value of the goods is

  • (c) where like goods are sold by producers in any country other than Canada designated by the President for use in that country,

    • (i) the price of the like goods at the time of the sale of the goods to the importer in Canada, adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, in taxation and other differences relating to price comparability between the goods sold to the importer in Canada and the like goods sold by producers in the country other than Canada designated by the President for use in that country, or

    • (ii) the aggregate of

      • (A) the cost of production of the like goods,

      • (B) a reasonable amount for administrative, selling and all other costs, and

      • (C) a reasonable amount for profits,

    whichever of the price or aggregate the President designates for any case or class of cases; or

  • (d) where, in the opinion of the President, sufficient information has not been furnished or is not available to enable the normal value of the goods to be determined as provided in paragraph (c), the price of like goods

    • (i) produced in any country designated by the President, other than Canada or the country from which the goods were shipped directly to Canada, and

    • (ii) imported into Canada and sold by the importer thereof in the condition in which they were imported to a person with whom, at the time of the sale, the importer was not associated,

    such price to be adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, in taxation and other differences relating to price comparability between the goods sold to the importer and the imported like goods in relation to their sale by the importer thereof.

• Marginal note:Limitation

  (2) The President may not designate a country under paragraph (1)(d) if

  • (a) the like goods of that country are also the subject of investigation under this Act, unless the President is of the opinion that those goods are not dumped goods; or

  • (b) in the opinion of the President, the price of the like goods imported into Canada has been significantly influenced by a country described in paragraphs (1)(a) and (b).

Marginal note:Credit sales of like goods

• 21 (1) Where any sale of like goods referred to in section 17, paragraph 19(a), subparagraph 20(1)(c)(i) or paragraph 20(1)(d) was made on credit terms other than cash discounts, the price for which the like goods were sold is deemed, for the purpose of that provision, to be an amount equal to the quotient obtained when

  • (a) the aggregate of the present value of every payment of principal or interest, or of principal and interest, provided for by any agreement entered into with respect to the sale, determined

    • (i) as of the time of the sale, and

    • (ii) by reference to a discount rate equal to

      • (A) the interest rate prevailing in the country in which the goods were sold, at the time of the sale, for commercial loans available in that country in the currency in which the payments are expressed in the agreement and on terms, other than the interest rate, comparable to the credit terms on which the sale of the like goods was made, or

      • (B) where it is not possible to ascertain the interest rate referred to in clause (A) or there is no such interest rate, the interest rate selected as provided for by regulations made pursuant to paragraph 97(i),

  is divided by

  • (b) the number or quantity of the like goods sold,

  so as to arrive at a unit price for the like goods sold.

• Marginal note:Adjustment of unit price

  (1.1) The unit price arrived at under subsection (1) shall be adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, taxation and other matters that relate to price comparability between the goods sold to the importer in Canada and the like goods sold.

• Marginal note:Where agreement relates to several goods

  (2) For the purpose of paragraph (1)(a), where an agreement with respect to the sale of like goods also relates to the sale of other goods, only such portion of the present value of any payment of principal or interest, or of principal and interest, provided for by the agreement as is reasonably attributable to the like goods shall be included in determining the aggregate referred to in that paragraph.