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Special Import Measures Act

Version of section 19 from 2002-12-31 to 2005-12-11:


Marginal note:Where normal value cannot be determined under section 15

 Subject to section 20, where the normal value of any goods cannot be determined under section 15 by reason that there was not, in the opinion of the Commissioner, such a number of sales of like goods that comply with all the terms and conditions referred to in that section or that are applicable by virtue of subsection 16(1) as to permit a proper comparison with the sale of the goods to the importer, the normal value of the goods shall be determined, at the option of the Commissioner in any case or class of cases, as

  • (a) such price of like goods when sold by the exporter to importers in any country other than Canada during the period referred to in paragraph 15(d) as, in the opinion of the Commissioner, fairly reflects the market value of the goods at the time of the sale of the goods to the importer in Canada, 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 in Canada and the like goods sold by the exporter to importers in the country other than Canada; or

  • (b) the aggregate of

    • (i) the cost of production of the goods,

    • (ii) a reasonable amount for administrative, selling and all other costs, and

    • (iii) a reasonable amount for profits.

  • R.S., 1985, c. S-15, s. 19
  • 1994, c. 47, s. 155
  • 1999, c. 17, s. 183

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