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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)

Normal Value, Export Price, Margin of Dumping and Amount of Subsidy (continued)

Export Price (continued)

Marginal note:Where exporter provides benefit on resale in Canada

 For the purposes of sections 24 and 25, where the exporter of goods sold to an importer in Canada agrees with the importer to provide, directly or indirectly, to persons who purchase the goods in Canada

  • (a) on resale from the importer, or

  • (b) from any person on any subsequent resale,

any benefit by way of rebate, service, other goods or otherwise, the export price of the goods is the export price as otherwise determined under this Act, after subtracting therefrom any amount that is required to be subtracted under section 26, minus an amount to reflect the value of the benefit to persons who purchase the goods on resale.

  • 1984, c. 25, s. 28

Normal Value and Export Price

Marginal note:Normal value and export price where information not available

  •  (1) Where, in the opinion of the President, sufficient information has not been furnished or is not available to enable the determination of normal value or export price as provided in sections 15 to 28, the normal value or export price, as the case may be, shall be determined in such manner as the Minister specifies.

  • Marginal note:Consignment shipments

    (2) Where goods are or are to be shipped to Canada on consignment and there is no known purchaser in Canada of the goods, the normal value and export price of the goods shall be determined in such manner as the Minister specifies.

  • R.S., 1985, c. S-15, s. 29
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134

Marginal note:Normal value and export price where goods exported to Canada through another country

  •  (1) Where goods are exported to Canada from one country but pass in transit through another country, the normal value and export price of the goods shall, subject to such terms and conditions as to shipment, documentation, warehousing, transhipment or the like as are prescribed, be determined as if the goods were shipped directly to Canada from the first mentioned country.

  • Marginal note:Normal value and export price where goods shipped indirectly to Canada

    (2) Where any goods

    • (a) are or are to be shipped indirectly to Canada from the country of origin through one or more other countries, and

    • (b) would, but for this section, have a normal value as computed under sections 15 to 23 or section 29 that is less than the normal value would be if the country of export were the country of origin,

    the normal value and export price of the goods shall, notwithstanding any other provision of this Act, be determined as if the goods were or were to be shipped directly to Canada from the country of origin.

  • R.S., 1985, c. S-15, s. 30
  • 1999, c. 12, s. 11

Margin of Dumping

 [Repealed, 2017, c. 20, s. 76]

Marginal note:Margin of dumping re goods of an exporter

  •  (1) Subject to subsection (2), the margin of dumping in relation to any goods of a particular exporter is zero or the amount determined by subtracting the weighted average export price of the goods from the weighted average normal value of the goods, whichever is greater.

  • Marginal note:If variation in price

    (2) The President may determine the margin of dumping in relation to any goods of a particular exporter to be the weighted average of the margins of dumping in relation to the goods of that exporter that are sold in any individual sales of goods of that exporter that the President considers relevant if, in the opinion of the President, there are significant variations in the prices of goods of that exporter among purchasers, regions in Canada or time periods.

  • Marginal note:Price of like goods

    (3) Where subsection (2) applies and any of the normal values used to determine the margins of dumping in relation to goods sold in individual sales are determined in accordance with section 15, the price of like goods used to determine those normal values is the weighted average, determined in accordance with paragraph 17(a), of the prices at which the like goods were sold.

  • 1994, c. 47, s. 159
  • 1999, c. 12, s. 13(E), c. 17, ss. 183, 184
  • 2005, c. 38, s. 134

Marginal note:Margin of dumping based on sample

  •  (1) The President may, if the President is of the opinion that it would be impracticable to determine a margin of dumping in relation to all goods under consideration because of the number of exporters, producers or importers, the variety or volume of goods or any other reason, determine margins of dumping in relation to

    • (a) the largest percentage of goods of each of the countries whose goods are under consideration that, in the opinion of the President, can reasonably be investigated; or

    • (b) samples of the goods of each of the countries whose goods are under consideration that, in the opinion of the President based on the information available at the time of selection, are statistically valid.

  • Marginal note:Where information submitted

    (2) Where subsection (1) applies, the President shall determine a margin of dumping in relation to any goods under consideration that were not included in the percentage or sample, as the case may be, referred to in that subsection where

    • (a) the exporter of the goods submits information for the purpose of determining a margin of dumping; and

    • (b) in the opinion of the President, it is practicable to do so.

  • Marginal note:Other cases

    (3) Where subsection (1) applies with respect to goods under consideration, the margin of dumping in relation to those goods that were not included in the percentage or sample and those goods for which a margin of dumping was not determined in accordance with subsection (2) shall be determined in the prescribed manner.

  • 1994, c. 47, s. 159
  • 1999, c. 12, s. 14, c. 17, ss. 183, 184
  • 2005, c. 38, s. 134

Amount of Subsidy

Marginal note:Amount of subsidy

  •  (1) Subject to subsections (2) and (3), the amount of subsidy in relation to any goods shall be determined in the prescribed manner.

  • Marginal note:Where no prescribed manner

    (2) Where no manner of determining an amount of subsidy has been prescribed or, in the opinion of the President, sufficient information has not been provided or is not otherwise available to enable the determination of the amount of subsidy in the prescribed manner, the amount of subsidy shall, subject to subsection (3), be determined in such manner as the Minister may specify.

  • Marginal note:Exception

    (3) An amount of subsidy shall not include any amount that is attributable to a non-actionable subsidy.

  • 1994, c. 47, s. 159
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134

Procedure in Dumping and Subsidy Investigations

Commencement of Investigation

Marginal note:Initiation of investigation

  •  (1) The President shall cause an investigation to be initiated respecting the dumping or subsidizing of any goods and whether there is a reasonable indication that such dumping or subsidizing has caused injury or retardation or is threatening to cause injury, forthwith on the President’s own initiative or, subject to subsection (2), where the President receives a written complaint respecting the dumping or subsidizing of the goods, within thirty days after the date on which written notice is given by or on behalf of the President to the complainant that the complaint is properly documented, if the President is of the opinion that there is evidence

    • (a) that the goods have been dumped or subsidized; and

    • (b) that discloses a reasonable indication that the dumping or subsidizing has caused injury or retardation or is threatening to cause injury.

  • Marginal note:Standing

    (2) No investigation may be initiated under subsection (1) as a result of a complaint unless

    • (a) the complaint is supported by domestic producers whose production represents more than fifty per cent of the total production of like goods by those domestic producers who express either support for or opposition to the complaint; and

    • (b) the production of the domestic producers who support the complaint represents twenty-five per cent or more of the total production of like goods by the domestic industry.

  • Meaning of domestic producers

    (2.1) For the purpose of paragraph (2)(a), if a domestic producer is an importer of, or is related to an exporter or importer of, allegedly dumped or subsidized goods, domestic producers may, subject to subsection 2(1.1), be interpreted as meaning the rest of those domestic producers.

  • Meaning of domestic industry

    (3) In paragraph (2)(b), domestic industry means, subject to subsection 2(1.1), the domestic producers as a whole of the like goods except that, if a domestic producer is related to an exporter or importer of allegedly dumped or subsidized goods, or is an importer of such goods, domestic industry may be interpreted as meaning the rest of those domestic producers.

  • Marginal note:Producers related to exporters or importers

    (4) For the purposes of subsections (2.1) and (3), a domestic producer is related to an exporter or importer if

    • (a) the producer either directly or indirectly controls, or is controlled by, the exporter or importer,

    • (b) the producer and the exporter or the importer, as the case may be, are directly or indirectly controlled by a third person, or

    • (c) the producer and the exporter or the importer, as the case may be, directly or indirectly control a third person,

    and there are grounds to believe that the producer behaves differently towards the exporter or importer than does a non-related producer.

  • Marginal note:Where there is deemed to be control

    (5) For the purposes of subsection (4), a person is deemed to control another person where the first person is legally or operationally in a position to exercise restraint or direction over the other person.

  • Marginal note:Extension of thirty day period

    (6) The period of thirty days referred to in subsection (1) is extended to forty-five days where, before the expiration of the thirty days, the President causes written notice to be given to the complainant and to the government of the country of export that the period of thirty days is insufficient to determine whether there is compliance with either or both of the conditions referred to in subsection (2) and subsection 31.1(1).

  • Marginal note:Initiation of investigation

    (7) The President may, on receipt of a notice in writing from the Tribunal pursuant to section 46 respecting the dumping or subsidizing of any goods, cause an investigation to be initiated respecting the dumping or subsidizing of any goods described in the notice.

  • Marginal note:Initiation of investigation

    (8) Where a reference is made to the Tribunal pursuant to subsection 33(2) and the Tribunal advises that the evidence discloses a reasonable indication that the dumping or subsidizing of the goods that are the subject of the reference has caused injury or retardation or is threatening to cause injury, the President shall initiate an investigation respecting the dumping or subsidizing of the goods forthwith after receipt of the advice.

  • R.S., 1985, c. S-15, s. 31
  • 1994, c. 47, s. 160
  • 1999, c. 12, s. 15, c. 17, s. 183
  • 2005, c. 38, s. 134
 
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