Canadian International Trade Tribunal Act

Marginal note:Definition of contribute importantly

• 20.01 (1) In this section, contribute importantly means to be an important cause, but not necessarily the most important cause.

• Marginal note:Determination in respect of CUSMA country goods

  (2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from a CUSMA 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 CUSMA 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 CUSMA country conducted pursuant to an extension request, the Tribunal shall determine in respect of each CUSMA country

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

  • (b) whether the goods imported from the CUSMA country alone or, in exceptional circumstances, together with the goods of the same kind imported from each other CUSMA 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 10.2 of the Agreement.