Special Import Measures Act

Marginal note:Initiation of investigation

• 31 (1) The Commissioner 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 Commissioner’s own initiative or, subject to subsection (2), where the Commissioner 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 Commissioner to the complainant that the complaint is properly documented, if the Commissioner 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.

• Marginal note: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.

• Marginal note: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 Commissioner 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 Commissioner 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 Commissioner shall initiate an investigation respecting the dumping or subsidizing of the goods forthwith after receipt of the advice.