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

Marginal note:Margin of dumping re goods of an exporter

• 30.2 (1) Subject to subsection (2), the margin of dumping in relation to any goods of a particular exporter is zero or the amount determined by subtracting the weighted average export price of the goods from the weighted average normal value of the goods, whichever is greater.

• Marginal note:If variation in price

  (2) The President may determine the margin of dumping in relation to any goods of a particular exporter to be the weighted average of the margins of dumping in relation to the goods of that exporter that are sold in any individual sales of goods of that exporter that the President considers relevant if, in the opinion of the President, there are significant variations in the prices of goods of that exporter among purchasers, regions in Canada or time periods.

• Marginal note:Price of like goods

  (3) Where subsection (2) applies and any of the normal values used to determine the margins of dumping in relation to goods sold in individual sales are determined in accordance with section 15, the price of like goods used to determine those normal values is the weighted average, determined in accordance with paragraph 17(a), of the prices at which the like goods were sold.

Marginal note:Margin of dumping based on sample

• 30.3 (1) The President may, if the President is of the opinion that it would be impracticable to determine a margin of dumping in relation to all goods under consideration because of the number of exporters, producers or importers, the variety or volume of goods or any other reason, determine margins of dumping in relation to

  • (a) the largest percentage of goods of each of the countries whose goods are under consideration that, in the opinion of the President, can reasonably be investigated; or

  • (b) samples of the goods of each of the countries whose goods are under consideration that, in the opinion of the President based on the information available at the time of selection, are statistically valid.

• Marginal note:Where information submitted

  (2) Where subsection (1) applies, the President shall determine a margin of dumping in relation to any goods under consideration that were not included in the percentage or sample, as the case may be, referred to in that subsection where

  • (a) the exporter of the goods submits information for the purpose of determining a margin of dumping; and

  • (b) in the opinion of the President, it is practicable to do so.

• Marginal note:Other cases

  (3) Where subsection (1) applies with respect to goods under consideration, the margin of dumping in relation to those goods that were not included in the percentage or sample and those goods for which a margin of dumping was not determined in accordance with subsection (2) shall be determined in the prescribed manner.