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

Act current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

PART ISpecial Import Measures (continued)

Procedure in Dumping and Subsidy Investigations (continued)

Preliminary Determination of Injury or of Dumping or Subsidizing (continued)

 [Repealed, 1999, c. 12, s. 24]

Final Determination

Marginal note:Final determination or termination

  •  (1) Within 90 days after making a preliminary determination under subsection 38(1), the President shall

    • (a) terminate the investigation in respect of any goods of a particular exporter if, on the available evidence, the President is satisfied that there has been no dumping or subsidizing of the goods or that the margin of dumping of, or amount of subsidy on, those goods is insignificant; and

    • (b) make a final determination of dumping or subsidizing in respect of the goods that are the subject of the investigation and for which the investigation has not been terminated under paragraph (a) if, on the available evidence, the President is satisfied that there has been dumping or subsidizing and the President shall specify, in relation to each exporter of goods in respect of which the investigation is made, as follows:

      • (i) in the case of dumped goods, the goods to which the determination applies and the margin of dumping of the goods, and

      • (ii) in the case of subsidized goods,

        • (A) the goods to which the determination applies,

        • (B) the amount of subsidy on the goods, and

        • (C) subject to subsection (2), if the whole or any part of the subsidy on the goods is a prohibited subsidy, the amount of the prohibited subsidy on the goods.

  • Marginal note:Exception

    (2) The President shall not specify anything under clause (1)(b)(ii)(C) if the President is of the opinion that, having regard to the country that is providing the export subsidy, the nature of the goods and the circumstances under which the export subsidy is provided, provision of the export subsidy in relation to those goods is not inconsistent with that country’s obligations under the international agreement known as the General Agreement on Tariffs and Trade, 1994.

  • Marginal note:Notice of final determination

    (3) Where the President makes a final determination of dumping or subsidizing in respect of goods, he shall cause notice that he has made the determination to be

    • (a) given and published as provided in paragraph 34(1)(a); and

    • (b) filed with the Tribunal in writing, stating the reasons therefor, together with such other material relating to the determination as may be required under the rules of the Tribunal.

  • Marginal note:Notice of termination

    (4) Where the President causes an investigation respecting the dumping or subsidizing of any goods to be terminated pursuant to subsection (1) in respect of those goods, he shall cause notice of the termination to be

    • (a) given and published as provided in paragraph 34(1)(a); and

    • (b) given in writing to the Tribunal.

  • R.S., 1985, c. S-15, s. 41
  • 1994, c. 47, ss. 167, 185, 186
  • 1999, c. 12, s. 25, c. 17, ss. 183, 184
  • 2005, c. 38, s. 134
  • 2014, c. 20, s. 443
  • 2017, c. 20, s. 79

Marginal note:Action on final determination or decision referred back by Court

  •  (1) If a decision under paragraph 41(1)(a) or a final determination under paragraph 41(1)(b) is set aside and the matter referred back to the President on an application under section 96.1, the President shall

    • (a) reconsider the matter and make a new final determination or decision; and

    • (b) cause notice of the action taken pursuant to paragraph (a) to be given and published as provided in paragraph 34(1)(a) and to be given in writing to the Tribunal.

  • Marginal note:Action on final determination or decision referred back by panel

    (2) If a decision under paragraph 41(1)(a) or a final determination under paragraph 41(1)(b) is referred back to the President under subsection 77.015(3) or (4), 77.019(5), 77.15(3) or (4) or 77.19(4), the President shall

    • (a) reconsider the final determination or decision and confirm or rescind it or, in the case of a final determination, vary it; and

    • (b) cause notice of the action taken pursuant to paragraph (a) to be given and published as provided in paragraph 34(1)(a) and to be given in writing to the Tribunal and the Canadian Secretary.

  • Marginal note:Final determination

    (3) Where the President reconsiders a matter involving a final determination pursuant to subsection (1) or reconsiders and rescinds a final determination pursuant to subsection (2), section 41 shall again apply in respect of the goods to which the final determination applied as if that section had not previously applied in respect of those goods, except that the action that the President is required by that section to take shall, notwithstanding anything therein, be taken by the President within such period as is specified by the panel that made the order or the Federal Court of Appeal, as the case may be, or, in the case of the Federal Court of Appeal, within ninety days after the Court gives its ruling, if it did not specify a period.

  • Marginal note:Decision to terminate

    (4) Where the President reconsiders a matter involving a decision pursuant to subsection (1) or reconsiders and rescinds a decision pursuant to subsection (2),

    • (a) the President shall be deemed to have made, on the day on which the order referring the matter or decision back to the President was made, a preliminary determination of dumping or subsidizing in respect of the goods that were the subject of the investigation that was terminated;

    • (b) the President shall resume the investigation that was terminated;

    • (c) section 41 shall again apply as described in subsection (3); and

    • (d) sections 42 and 43 shall again apply in respect of the goods to which the decision relates as if those sections had not previously applied in respect of those goods, except that the action that the Tribunal is required by those sections to take shall, notwithstanding anything therein, be taken by the Tribunal within one hundred and twenty days after the day on which the order referring the decision back to the President was made.

  • 1988, c. 65, s. 31
  • 1993, c. 44, s. 208
  • 1994, c. 47, s. 186
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134
  • 2014, c. 20, ss. 430, 443
  • 2017, c. 20, s. 80

Marginal note:President to be guided by Canada’s obligations

 The President shall, in an investigation respecting the subsidizing of any goods, take into account the provisions of paragraphs 10 and 11 of Article 27 of the Subsidies Agreement.

  • 1994, c. 47, s. 168
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134

Inquiries by Tribunal

Marginal note:Tribunal to make inquiry

  •  (1) The Tribunal, forthwith after receipt pursuant to subsection 38(3) of a notice of a preliminary determination, shall make inquiry with respect to such of the following matters as is appropriate in the circumstances:

    • (a) in the case of any goods to which the preliminary determination applies, as to whether the dumping or subsidizing of the goods

      • (i) has caused injury or retardation or is threatening to cause injury, or

      • (ii) would have caused injury or retardation except for the fact that provisional duty was imposed in respect of the goods;

    • (b) in the case of any dumped goods to which the preliminary determination applies, as to whether

      • (i) either

        • (A) there has occurred a considerable importation of like goods that were dumped, which dumping has caused injury or would have caused injury except for the application of anti-dumping measures, or

        • (B) the importer of the goods was or should have been aware that the exporter was practising dumping and that the dumping would cause injury, and

      • (ii) injury has been caused by reason of the fact that the dumped goods

        • (A) constitute a massive importation into Canada, or

        • (B) form part of a series of importations into Canada, which importations in the aggregate are massive and have occurred within a relatively short period of time,

        and it appears necessary to the Tribunal that duty be assessed on the imported goods in order to prevent the recurrence of that injury; and

    • (c) in the case of any subsidized goods in respect of which a specification has been made under clause 41(1)(b)(ii)(C) and to which the preliminary determination applies as to whether

      • (i) injury has been caused by reason of the fact that the subsidized goods

        • (A) constitute a massive importation into Canada, or

        • (B) form part of a series of importations into Canada, which importations in the aggregate are massive and have occurred within a relatively short period of time, and

      • (ii) a countervailing duty should be imposed on the subsidized goods in order to prevent the recurrence of that injury.

  • Marginal note:Tribunal to make or resume inquiry

    (2) Where the Tribunal receives a notice pursuant to paragraph 52(1)(e) in respect of goods with respect to which an undertaking or undertakings have been terminated, it shall, unless it has already made a finding with respect to the goods, forthwith make or resume its inquiry as to whether the dumping or subsidizing

    • (a) has caused injury or retardation or is threatening to cause injury; or

    • (b) would have caused, during any period after the undertaking or undertakings, as the case may be, with respect to the goods were accepted, injury, retardation or threat of injury except for that acceptance.

  • Marginal note:Assessment of cumulative effect

    (3) In making or resuming its inquiry under subsection (1), the Tribunal shall make an assessment of the cumulative effect of the dumping or subsidizing of goods to which the preliminary determination applies that are imported into Canada from more than one country if the Tribunal is satisfied that

    • (a) the margin of dumping or the amount of subsidy in relation to the goods from each of those countries is not insignificant and the volume of the goods from each of those countries is not negligible; and

    • (b) an assessment of the cumulative effect would be appropriate taking into account the conditions of competition between goods to which the preliminary determination applies that are imported into Canada from any of those countries and

      • (i) goods to which the preliminary determination applies that are imported into Canada from any other of those countries, or

      • (ii) like goods of domestic producers.

  • Marginal note:Application of paragraph (3)(a)

    (3.1) For the purposes of paragraph (3)(a),

    • (a) the margin of dumping in relation to goods of a particular country is the weighted average of the margins of dumping determined in accordance with section 30.2; and

    • (b) the amount of subsidy in relation to goods of a particular country is the weighted average of the amounts of subsidy determined in accordance with section 30.4.

  • Marginal note:Tribunal to be guided by Canada’s obligations

    (4) The Tribunal shall, in making a cumulative assessment under subsection (3), take into account the provisions of paragraph 12 of Article 27 of the Subsidies Agreement.

  • Marginal note:Termination of inquiry if volume is negligible

    (4.1) If the Tribunal determines that the volume of dumped or subsidized goods from a country is negligible, the Tribunal shall terminate its inquiry in respect of those goods.

  • Marginal note:When domestic industry based on regional markets

    (5) Where subsection 2(1.1) applies in respect of the dumping or subsidizing of goods to which the preliminary determination applies, the Tribunal shall not find that the dumping or subsidizing of those goods has caused injury or retardation or is threatening to cause injury unless

    • (a) there is a concentration of those goods into the regional market; and

    • (b) the dumping or subsidizing of those goods has caused injury or retardation or is threatening to cause injury to the producers of all or almost all of the production of like goods in the regional market.

  • Marginal note:Volume of dumped or subsidized goods

    (6) For the purposes of this section, the volume of dumped or subsidized goods from a country is deemed to include the volume of goods of the country that are of the same description and are the subject of a sale for export to Canada.

  • Marginal note:Application

    (7) For the purposes of this section, dumped or subsidized goods do not include goods of an exporter in respect of which the margin of dumping or amount of subsidy is insignificant.

  • R.S., 1985, c. S-15, s. 42
  • 1994, c. 47, s. 169
  • 1999, c. 12, ss. 26, 52(E)
  • 2014, c. 20, s. 431
  • 2017, c. 20, s. 81
 
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