Special Import Measures Act

Marginal note:Normal value where export monopoly

• 20 (1) Where goods sold to an importer in Canada are shipped directly to Canada

  • (a) from a prescribed country where, in the opinion of the Commissioner, domestic prices are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market, or

  • (b) from any other country where, in the opinion of the Commissioner,

    • (i) the government of that country has a monopoly or substantial monopoly of its export trade, and

    • (ii) domestic prices are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market,

  the normal value of the goods is

  • (c) where like goods are sold by producers in any country other than Canada designated by the Commissioner for use in that country,

    • (i) the price of the like 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 producers in the country other than Canada designated by the Commissioner for use in that country, or

    • (ii) the aggregate of

      • (A) the cost of production of the like goods,

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

      • (C) a reasonable amount for profits,

    whichever of the price or aggregate the Commissioner designates for any case or class of cases; or

  • (d) where, in the opinion of the Commissioner, sufficient information has not been furnished or is not available to enable the normal value of the goods to be determined as provided in paragraph (c), the price of like goods

    • (i) produced in any country designated by the Commissioner, other than Canada or the country from which the goods were shipped directly to Canada, and

    • (ii) imported into Canada and sold by the importer thereof in the condition in which they were imported to a person with whom, at the time of the sale, the importer was not associated,

    such price to be 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 imported like goods in relation to their sale by the importer thereof.

• Marginal note:Limitation

  (2) The Commissioner may not designate a country under paragraph (1)(d) if

  • (a) the like goods of that country are also the subject of investigation under this Act, unless the Commissioner is of the opinion that those goods are not dumped goods; or

  • (b) in the opinion of the Commissioner, the price of the like goods imported into Canada has been significantly influenced by a country described in paragraphs (1)(a) and (b).