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

Act current to 2019-07-01 and last amended on 2019-06-17. Previous Versions

PART ISpecial Import Measures (continued)

Normal Value, Export Price, Margin of Dumping and Amount of Subsidy

Normal Value

Marginal note:Determination of normal value of goods

 Subject to sections 19 and 20, where goods are sold to an importer in Canada, the normal value of the goods is the price of like goods when they are sold by the exporter of the first mentioned goods

  • (a) to purchasers

    • (i) with whom the exporter is not associated at the time of the sale of the like goods, and

    • (ii) who are at the same or substantially the same trade level as the importer,

  • (b) in the same or substantially the same quantities as the sale of goods to the importer,

  • (c) in the ordinary course of trade for use in the country of export under competitive conditions,

  • (d) during such period of sixty days that ends in the interval commencing with the first day of the year preceding the date of the sale of the goods to the importer and ending on the fifty-ninth day after such date as is selected by the President or, where, in the opinion of the President, the nature of the trade in those goods or the fact that they are sold to the importer for future delivery requires that sales of like goods by the exporter during a period other than a period of sixty days that ends in that interval be taken into account, during such period of sixty days or longer

    • (i) that precedes the date of the sale of the goods to the importer, or

    • (ii) where the goods are sold to the importer for future delivery, that precedes the date of the sale of the goods to the importer or within the year that precedes the date of the delivery of the goods to the importer

    as the President specifies for those goods or for goods of the class to which those goods belong, and

  • (e) at the place from which the goods were shipped directly to Canada or, if the goods have not been shipped to Canada, at the place from which the goods would be shipped directly to Canada under normal conditions of trade,

adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, in taxation and other differences relating to price comparability between the goods sold to the importer and the like goods sold by the exporter.

  • R.S., 1985, c. S-15, s. 15
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134

Marginal note:Rules applied in determining normal value

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

    • (a) if there was not, in the opinion of the President, such a number of sales of like goods made by the exporter at the place described in paragraph 15(e) as to permit a proper comparison with the sale of the goods to the importer in Canada, but sales of like goods were made by the exporter at one other place or several other places in the country of export, there shall, for the purpose of making that comparison, be included with sales of like goods made by the exporter at the place described in paragraph 15(e) sales of like goods made by the exporter at that one other place or at the nearest of the several other places to the place described in paragraph 15(e), as the case may be;

    • (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;

    • (c) if by reason of the fact that

      • (i) the sales of like goods made by the exporter were solely or primarily for export, or

      • (ii) the sales of like goods made by the exporter during the period that is applicable by reason of paragraph 15(d) were solely or primarily to purchasers who at any time during that period were not purchasers described in subparagraph 15(a)(i),

      there was not, in the opinion of the President, such a number of sales of like goods made by the exporter as to permit a proper comparison with the sale of the goods to the importer in Canada, but there were sales of like goods for use in the country of export by other vendors, such one or more of any of those vendors that the President may specify shall be deemed to be the exporter for the purpose of determining the normal value of the goods sold to the importer in Canada;

    • (d) if the quantity of goods sold to the importer in Canada is larger than the largest quantity of like goods sold by the exporter for use in the country of export, the sales of like goods shall be those sales of like goods that are in the largest quantity sold by the exporter for such use; and

    • (e) if the quantity of goods sold to the importer in Canada is smaller than the smallest quantity of like goods sold by the exporter for use in the country of export, the sales of like goods shall be those sales of like goods that are in the smallest quantity sold by the exporter for such use.

  • Marginal note:Idem

    (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;

    • (b) any sale of like goods by the exporter within a period, determined by the President, of not less than six months, where

      • (i) the sale is made at a price that is less than the cost of the goods,

      • (ii) either

        • (A) the sale is of a volume that, or is one of a number of sales referred to in subparagraph (i) the total volume of which, is not less than twenty per cent of the total volume of like goods sold during that period, or

        • (B) the average selling price of like goods sold by the exporter during that period is less than the average cost of those like goods, and

      • (iii) the sale is made at a price per unit that is not greater than the average cost of all like goods sold during that period; and

    • (c) any sale of like goods for use in the country of export by the exporter to a purchaser if, in the opinion of the President, a particular market situation exists which does not permit a proper comparison with the sale of the goods to the importer in Canada.

  • Marginal note:Paragraph (2)(c)

    (2.1) For the purposes of paragraph (2)(c), a particular market situation may be found to exist in respect of any goods of a particular exporter or of a particular country, as is appropriate in the circumstances.

  • Marginal note:Meaning of cost

    (3) For the purposes of paragraph (2)(b), cost means, in relation to goods, the cost of production of the goods and the administrative, selling and all other costs with respect to the goods.

  • R.S., 1985, c. S-15, s. 16
  • 1994, c. 47, s. 153
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134
  • 2017, c. 20, s. 75

Marginal note:Price of like goods

 In determining the normal value of any goods under section 15, the price of like goods when sold by the exporter to purchasers during the period referred to in paragraph 15(d) in a sale or sales that comply with the terms and conditions referred to in section 15 or with those terms and conditions that apply by virtue of subsection 16(1) is, at the option of the President in any case or class of cases, except a case or class of cases to which subsection 30.2(3) applies,

  • (a) the weighted average of the prices at which like goods were sold by the exporter to purchasers during that period; or

  • (b) the price at which like goods were sold by the exporter in any sale during that period where, in the opinion of the President, the price is representative of the prices at which like goods were sold during that period.

  • R.S., 1985, c. S-15, s. 17
  • 1994, c. 47, s. 154
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134

Marginal note:Goods deemed to be like goods

 Where goods imported into Canada and goods sold for use in the country of export are like goods except only that the goods sold for such use have applied to them a trademark, as defined in the Trademarks Act, that is not applied to the goods imported into Canada, and goods like the goods imported are not sold for use in the country of export, the goods imported and the goods sold for such use shall be deemed to be like goods for the purposes of this section if, in the opinion of the President,

  • (a) the goods are being imported into Canada without that trademark applied to them in order to avoid the operation of section 15; and

  • (b) it is probable that there will be applied to the goods, subsequent to their importation into Canada, that trademark or any other mark so closely resembling that trademark that it is likely to be taken therefor.

  • R.S., 1985, c. S-15, s. 18
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134
  • 2014, c. 20, s. 366(E)
 
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