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

Act current to 2014-12-08 and last amended on 2014-11-01. Previous Versions

Exemption from Application of Act

Marginal note:Exemption of goods from application of Act
  •  (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.

  • R.S., 1985, c. S-15, s. 14;
  • 1997, c. 14, s. 89.

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

Normal Value

Marginal note:Determination of normal value of goods

 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.

  • R.S., 1985, c. S-15, s. 15;
  • 1999, c. 17, s. 183;
  • 2005, c. 38, s. 134.