Special Import Measures Act

Marginal note:Anti-dumping duty

5 There shall be levied, collected and paid on all dumped goods imported into Canada

• (a) in respect of which the Tribunal has made an order or finding, after the release of the goods, that

  • (i) either

    • (A) there has occurred a considerable importation of like goods that were dumped, which dumping has caused injury or would have caused injury except for the application of anti-dumping measures, or

    • (B) the importer of the goods was or should have been aware that the exporter was practising dumping and that the dumping would cause injury, and

  • (ii) injury has been caused by reason of the fact that the imported goods

    • (A) constitute a massive importation into Canada, or

    • (B) form part of a series of importations into Canada, which importations in the aggregate are massive and have occurred within a relatively short period of time,

    and in order to prevent the recurrence of the injury, it appears necessary to the Tribunal that duty be assessed on the imported goods, and

• (b) that were released during the period of ninety days preceding the day on which the President made a preliminary determination of dumping in respect of the goods or goods of that description, other than goods that were released before the initiation of an investigation referred to in section 31,

an anti-dumping duty in an amount equal to the margin of dumping of the imported goods.