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

PART ISpecial Import Measures

Liability for Anti-dumping, Countervailing and Provisional Duties

Anti-dumping and Countervailing Duty

Marginal note:Anti-dumping and countervailing duty

• 3 (1) Subject to section 7.1, there shall be levied, collected and paid on all dumped and subsidized goods imported into Canada in respect of which the Tribunal has made an order or finding, before the release of the goods, that the dumping or subsidizing of goods of the same description has caused injury or retardation, is threatening to cause injury or would have caused injury or retardation except for the fact that provisional duty was applied in respect of the goods, a duty as follows:

  • (a) in the case of dumped goods, an anti-dumping duty in an amount equal to the margin of dumping of the imported goods; and

  • (b) in the case of subsidized goods, a countervailing duty in an amount equal to the amount of subsidy on the imported goods.

• Marginal note:Duties — circumvention

  (1.1) A duty shall be levied, collected and paid on all dumped and subsidized goods imported into Canada in respect of which the Tribunal has made an order — amending an order or finding, before the release of the goods — to the effect that the importation of goods of the same description constitutes circumvention, as follows:

  • (a) in the case of dumped goods, an anti-dumping duty in an amount that is equal to the margin of dumping of the imported goods; and

  • (b) in the case of subsidized goods, a countervailing duty in an amount that is equal to the amount of subsidy on the imported goods.

• Marginal note:Duties — circumvention investigation

  (1.2) A duty shall be levied, collected and paid on all dumped and subsidized goods imported into Canada, after the initiation of an anti-circumvention investigation under section 72, in respect of which the Tribunal has made an order — amending an order or finding after the release of the goods — to the effect that the importation of goods of the same description constitutes circumvention, as follows:

  • (a) in the case of dumped goods, an anti-dumping duty in an amount that is equal to the margin of dumping of the imported goods; and

  • (b) in the case of subsidized goods, a countervailing duty in an amount that is equal to the amount of subsidy on the imported goods.

• Marginal note:Duty where undertaking violated

  (2) If the Tribunal has made an order or finding referred to in subsection (1) in respect of goods that are subject to an undertaking referred to in section 7.1 and the undertaking is subsequently terminated under paragraph 52(1)(d), there shall be levied, collected and paid a duty as provided under paragraphs (1)(a) and (b) on all of those goods that were

  • (a) if paragraph 52(1)(a) applies, released on or after the later of

    • (i) the day on which the undertaking was violated, and

    • (ii) the ninetieth day before the day on which notice of termination was given under paragraph 52(1)(e); and

  • (b) if paragraph 52(1)(b) or (c) applies, released on or after the day on which notice of termination was given under paragraph 52(1)(e).

Marginal note:Other cases

• 4 (1) Subject to section 7.1, there shall be levied, collected and paid a duty as set out in subsections (3) and (4) on all dumped and subsidized goods imported into Canada

  • (a) in respect of which the Tribunal has made an order or finding, after the release of the goods, that the dumping or subsidizing of goods of the same description

    • (i) has caused injury, or

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

  • (b) that were released during the period beginning on the day on which the preliminary determination is made with respect to the goods and ending on the day on which the Tribunal makes the order or finding.

• Marginal note:Where undertaking subsequently terminated

  (2) There shall be levied, collected and paid a duty as set out in subsections (3) and (4) on all dumped and subsidized goods imported into Canada

  • (a) that are the subject of an undertaking accepted by the President under subsection 49(1) that was terminated under paragraph 52(1)(d);

  • (b) in respect of which the Tribunal has made an order or finding, after the release of the goods, that the dumping or subsidizing of goods of the same description

    • (i) has caused injury, or

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

  • (c) that were released, where paragraph 52(1)(a), (b) or (c) applies, during the period beginning on the day on which the preliminary determination was made and ending on the day the undertaking was accepted, and

    • (i) where paragraph 52(1)(a) applies, during the period beginning on the later of

      • (A) the day on which the undertaking is violated, and

      • (B) the ninetieth day before the day on which notice of the termination was given under paragraph 52(1)(e),

      and ending on the day on which the Tribunal makes the order or finding referred to in paragraph (b), or

    • (ii) where paragraph 52(1)(b) or (c) applies, beginning on the day on which notice of termination was given under paragraph 52(1)(e) and ending on the day on which the Tribunal makes the order or finding referred to in paragraph (b).

• Marginal note:Amount of duty

  (3) The duty applicable to goods under subsection (1) or (2) is

  • (a) in the case of dumped goods, an anti-dumping duty in an amount that is equal to the margin of dumping of the goods; and

  • (b) in the case of subsidized goods, a countervailing duty in an amount that is equal to the amount of subsidy on the goods.

• Marginal note:Limitation

  (4) The duty referred to in subsection (3) shall not exceed the duty, if any, paid or payable in respect of the goods under section 8.

Marginal note:Anti-dumping duty

5 There shall be levied, collected and paid on all dumped goods imported into Canada

• (a) in respect of which the Tribunal has made an order or finding, after the release of the goods, that

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

• (b) that were released during the period of ninety days preceding the day on which the President made a preliminary determination of dumping in respect of the goods or goods of that description, other than goods that were released before the initiation of an investigation referred to in section 31,

an anti-dumping duty in an amount equal to the margin of dumping of the imported goods.

Marginal note:Countervailing duty

6 Where any subsidy on subsidized goods is a prohibited subsidy, there shall be levied, collected and paid on all such subsidized goods imported into Canada

• (a) in respect of which the Tribunal has made an order or finding, after the release of the goods, that

  • (i) injury has been caused by reason of the fact that the imported 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 such injury,

• (b) that were released during the period of ninety days preceding the day on which the President made a preliminary determination of subsidizing in respect of the goods or goods of that description, other than goods that were released before the initiation of an investigation referred to in section 31, and

• (c) in respect of which the President has made a specification under clause 41(1)(b)(ii)(C),

a countervailing duty in an amount equal to such of the amount of subsidy on the imported goods as is a prohibited subsidy.