Canadian International Trade Tribunal Act

Definition of contribute importantly

• 20.01 (1) In this section, contribute importantly has the meaning given those words by Article 805 of the Agreement.

• Marginal note:Determination in respect of NAFTA country goods

  (2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from a NAFTA country that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determine

  • (a) whether the quantity of the specified imported goods accounts for a substantial share of total imports of goods of the same kind; and

  • (b) whether the specified imported goods, alone or, in exceptional circumstances, together with the goods of the same kind imported from each other NAFTA country, contribute importantly to the serious injury or threat thereof.

• Marginal note:Idem

  (2.1) In an inquiry under section 30.07 into goods imported from a NAFTA country conducted pursuant to an extension request, the Tribunal shall determine in respect of each NAFTA country

  • (a) whether the quantity of the goods imported from the NAFTA country accounts for a substantial share of total imports of goods of the same kind; and

  • (b) whether the goods imported from the NAFTA country alone or, in exceptional circumstances, together with the goods of the same kind imported from each other NAFTA country, contribute importantly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods.

• Marginal note:Considerations

  (3) In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article 802 of the Agreement.