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2 (1) In this Act,

Canadian Secretary

Canadian Secretary  means

• (a) when Part I.1 is in force, the Secretary referred to in section 15 of the North American Free Trade Agreement Implementation Act, and

country of export

country of export  means, in the case of dumped goods, the country from which the goods were shipped directly to Canada or, if the goods have not been shipped directly to Canada, the country from which the goods would be shipped directly to Canada under normal conditions of trade and, in the case of subsidized goods, the country in which the subsidy originated; (pays d’exportation)

Free Trade Agreement

Free Trade Agreement  has the meaning assigned to the term Agreement by section 2 of the Canada-United States Free Trade Agreement Implementation Act; (Accord de libre-échange)

NAFTA country

NAFTA country  has the meaning assigned that expression by subsection 2(1) of the North American Free Trade Agreement Implementation Act, but does not include Canada; (pays ALÉNA)

North American Free Trade Agreement

North American Free Trade Agreement  has the meaning assigned to the word Agreement by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (Accord de libre-échange nord-américain)

subsidy

subsidy  means

• [...]

• (b) any form of income or price support within the meaning of Article XVI of the General Agreement on Tariffs and Trade, 1994, being part of Annex 1A to the WTO Agreement, that confers a benefit; (subvention)

Tribunal

Tribunal  means the Canadian International Trade Tribunal established by subsection 3(1) of the Canadian International Trade Tribunal Act; (Tribunal)

WTO Agreement

WTO Agreement  has the meaning assigned to the term Agreement by subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’OMC)

2 (1) In this Act,

country of export

country of export  means, in the case of dumped goods, the country from which the goods were shipped directly to Canada or, if the goods have not been shipped directly to Canada, the country from which the goods would be shipped directly to Canada under normal conditions of trade and, in the case of subsidized goods, the country in which the subsidy originated; (pays d’exportation)

Free Trade Agreement

Free Trade Agreement  has the meaning assigned to the term Agreement by section 2 of the Canada-United States Free Trade Agreement Implementation Act; (Accord de libre-échange)

North American Free Trade Agreement

North American Free Trade Agreement [Repealed, 2020, c. 1, s. 72]

subsidy

subsidy  means

• [...]

• (b) any form of income or price support within the meaning of Article XVI of the General Agreement on Tariffs and Trade, 1994, being part of Annex 1A to the WTO Agreement, that confers a benefit; (subvention)

Tribunal

Tribunal  means the Canadian International Trade Tribunal established by subsection 3(1) of the Canadian International Trade Tribunal Act; (Tribunal)

WTO Agreement

WTO Agreement  has the meaning assigned to the term Agreement by subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’OMC)

96.3 (1) The Minister for International Trade may, in the manner provided for by the American law giving effect to the Free Trade Agreement, request that a final determination be reviewed by a panel established under that law.

Marginal note:Idem

(2) On a request made to the Canadian Secretary by any person who, but for the American law giving effect to the Free Trade Agreement, would be entitled under American law to commence domestic proceedings for judicial review of a final determination, the Minister for International Trade shall, in the manner provided for by the American law giving effect to the Free Trade Agreement, request that the final determination be reviewed by a panel established under that law.

[...]

Definition of final determination

(4) In this section, final determination means a final determination as defined in subparagraph (b) of the definition of that term in Article 1911 of the Free Trade Agreement.

96.21 (1) The Minister for International Trade may, in the manner provided for by the law of a NAFTA country giving effect to the North American Free Trade Agreement, request that a final determination be reviewed by a panel established under that law.

Marginal note:Idem

(2) Any person who, but for the law of a NAFTA country giving effect to the North American Free Trade Agreement, would be entitled under the law of that NAFTA country to commence domestic proceedings for judicial review of a final determination may file with the Canadian Secretary a request that the final determination be reviewed by a panel established under that law.

Marginal note:Deeming

(3) A request under subsection (2) shall be deemed to be a request by the Minister for binational review within the meaning of paragraph 4 of Article 1904 of the North American Free Trade Agreement.

[...]

Definition of final determination

(5) In this section, final determination means a final determination as defined in Annex 1911 of the North American Free Trade Agreement.

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

• [...]

• (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;

(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;