Iodinated Contrast Media Anti-Dumping Duty Remission Order (SOR/2001-161)
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Iodinated Contrast Media Anti-Dumping Duty Remission Order
SOR/2001-161
Registration 2001-05-02
Iodinated Contrast Media Anti-Dumping Duty Remission Order
P.C. 2001-799 2001-05-02
Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 115 of the Customs TariffFootnote a, hereby makes the annexed Iodinated Contrast Media Anti-dumping Duty Remission Order.
Return to footnote aS.C. 1997, c. 36
Interpretation
1 The following definitions apply in this Order.
- comparable iodinated contrast media product
comparable iodinated contrast media product means an iodinated contrast media product that is identified as a close equivalent in accordance with subsection 3(1) or (2). (produit comparable contenant un opacifiant iodé)
- compensatory arrangement
compensatory arrangement means an arrangement between any two or more of a manufacturer, producer, vendor, exporter, importer in Canada, subsequent purchaser of an iodinated contrast media product and any other person, entity or organization, that directly or indirectly relates to
(a) the price of iodinated contrast media products;
(b) the sale of iodinated contrast media products;
(c) the net return to the manufacturer, producer, vendor or exporter of iodinated contrast media products; or
(d) the net cost to the importer in Canada of iodinated contrast media products. (arrangement de nature compensatoire)
- cost and profit amount
cost and profit amount means the amount calculated in accordance with the applicable methodology set out in the schedule. (montant des coûts et bénéfices)
- import value
import value means the value calculated in accordance with the applicable methodology set out in the schedule. (valeur à l’importation)
- iodinated contrast media
iodinated contrast media means iodinated contrast media used for radiographic imaging, in solutions of osmolality less than 900 mOsm/kg H2O, commonly referred to as low osmolality contrast media, originating in or exported from the United States. (opacifiant iodé)
- period of investigation
period of investigation means the period beginning on July 1, 1998 and ending on June 30, 1999, which is the period of investigation identified by the Canada Customs and Revenue Agency in the final determination of dumping made pursuant to section 41 of the Special Import Measures Act in respect of certain iodinated contrast media. (période visée par l’enquête)
- reference value
reference value means the value calculated in accordance with the applicable methodology set out in the schedule. (valeur de référence)
- resale price
resale price, in respect of iodinated contrast media, means the delivered price of the first arm’s-length sale to an end-user in Canada of an iodinated contrast media product minus all discounts, allowances, rebates, incentives and the value of any compensatory arrangement, including any arrangement with respect to the payment of anti-dumping duties, with those amounts being deducted regardless of whether the discounts, allowances, rebates, incentives, payment or other arrangements are granted at the time of sale or on a periodic basis or are related to purchase volumes. (prix de revente)
Remission
2 Subject to section 5, remission is hereby granted of the per millilitre anti-dumping duties on iodinated contrast media products originating in or exported from the United States that were paid or payable on or after December 31, 1999 under the Special Import Measures Act, in the amount by which such duties exceed the per millilitre anti-dumping duties on iodinated contrast media products calculated pursuant to the applicable methodology set out in the schedule in respect of
(a) iodinated contrast media products exported by or on behalf of Searle Ltd. and imported by Nycomed Amersham Canada Ltd. that are identical to those products exported by or on behalf of Searle Ltd. and imported by Nycomed Amersham Canada Ltd. during that portion of the period of investigation beginning on January 1, 1999 and ending on June 30, 1999;
(b) iodinated contrast media products exported by or on behalf of Bristol-Myers Squibb Company and imported by Bracco Diagnostics Canada Inc. that are identical to those products exported by or on behalf of Bristol-Myers Squibb Company and imported by Bracco Diagnostics Canada Inc. during the period of investigation;
(c) iodinated contrast media products exported by or on behalf of Searle Ltd. and imported by Nycomed Amersham Canada Ltd., or exported by or on behalf of Bristol-Myers Squibb Company and imported by Bracco Diagnostics Canada Inc., other than those to which paragraph (a) or (b) applies; and
(d) iodinated contrast media products, other than those identified in paragraph (c), exported or imported by any person, entity or organization other than those companies identified in paragraphs (a) and (b).
3 (1) For the purposes of paragraph 2(c), each iodinated contrast media product shall be compared to those iodinated contrast media products, exported by or on behalf of and imported by the same companies as was that product, for which reference values can be determined in accordance with section 1 or 2 of the schedule to identify a close equivalent based primarily on the active ingredient of the products, product strength, packaging configuration and sales unit format.
(2) For the purposes of paragraph 2(d), each iodinated contrast media product shall be compared to those iodinated contrast media products for which reference values can be determined in accordance with sections 1 and 2 of the schedule to identify close equivalents based primarily on product strength, packaging configuration and sales unit format.
4 If the resale price per millilitre for an imported iodinated contrast media product is at a level that produces an import value per millilitre of the product that is less than the reference value per millilitre of the product, the amount of duty remitted shall be reduced by the difference between the reference value and the import value.
Revision
5 The reference value and cost and profit amount for each iodinated contrast media product, calculated using the applicable methodology set out in the schedule, shall be revised on September 1, 2001 and on September 1 of each subsequent year by indexing them to the Consumer Price Index for the immediately preceding one-year period ending June 30.
Conditions
6 Remission is granted on the following conditions:
(a) the iodinated contrast media product has been released;
(b) a claim for remission is made by the importer to the Minister of National Revenue within two years after the day on which the iodinated contrast media product is accounted for under section 32 of the Customs Act;
(c) on request by the Canada Customs and Revenue Agency, the importer files with the Agency the evidence that the Agency requires to determine eligibility for the remission;
(d) the importer agrees that it shall be subject at any time, including after the remission, to audit by the Canada Customs and Revenue Agency for the purpose of verifying whether the information supplied by the importer under paragraph (b) or (c) is accurate and complete and whether the facts upon which the Agency relied or intends to rely, as applicable, to determine eligibility for remission remain unchanged in all material respects; and
(e) at the time when the Canada Customs and Revenue Agency elects to conduct the audit referred to in paragraph (d), the Agency must be able to conclude that the information supplied remains accurate and complete and that the facts remain unchanged in all material respects.
Coming into Force
7 This Order comes into force on the day on which it is registered.
SCHEDULE(Sections 1, 2, 3 and 5)Methodologies
Iodinated Contrast Media Products Exported by or on Behalf of Searle Ltd. and Imported by Nycomed Amersham Canada Ltd. that Are Identical to Those Products Exported by or on Behalf of and Imported by Those Companies During that Portion of the Period of Investigation Beginning on January 1, 1999 and Ending on June 30, 1999
1 The amount of anti-dumping duties referred to in section 2 of this Order, in respect of iodinated contrast media products exported by or on behalf of Searle Ltd. and imported by Nycomed Amersham Canada Ltd., shall, in respect of each iodinated contrast media product, be the greater of
(a) zero, and
(b) the amount determined in the following manner, namely,
(i) the reference value per millilitre of the iodinated contrast media product shall be calculated by increasing, by 11.72%, the export price per millilitre of the product calculated pursuant to section 25 of the Special Import Measures Act for the purposes of the final determination rendered under section 41 of that Act, in respect of the 1999 portion of the period of investigation,
(ii) the cost and profit amount per millilitre of the iodinated contrast media product, which shall include the costs of importing the product into and selling the product in Canada and a profit, shall be established in the following manner, namely,
(A) establish the weighted average export price per millilitre of the iodinated contrast media products, based on the export prices calculated in accordance with section 25 of the Special Import Measures Act for Searle Ltd. in respect of the 1999 portion of the period of investigation,
(B) establish the weighted average resale price per millilitre of the iodinated contrast media products for Nycomed Amersham Canada Ltd. in respect of the 1999 portion of the period of investigation,
(C) subtract from the weighted average resale price the weighted average export price and express the difference as a percentage of the weighted average export price, and
(D) multiply the reference value by the percentage established under clause (C),
(iii) the import value shall be determined by deducting from the resale price per millilitre of the iodinated contrast media product the cost and profit amount established in accordance with subparagraph (ii), and
(iv) the import value shall be subtracted from the reference value.
Iodinated Contrast Media Products Exported by or on Behalf of Bristol-Myers Squibb Company and Imported by Bracco Diagnostics Canada Inc. that Are Identical to Those Products Exported by or on Behalf of and Imported by Those Companies During the Period of Investigation
2 The amount of anti-dumping duties referred to in section 2 of this Order, in respect of iodinated contrast media products exported by or on behalf of Bristol-Myers Squibb Company and imported by Bracco Diagnostics Canada Inc., shall, in respect of each iodinated contrast media product, be the greater of
(a) zero, and
(b) the amount determined in the following manner, namely,
(i) the reference value per millilitre of the iodinated contrast media product shall be established by increasing, by 22.51%, the export price per millilitre of the product calculated pursuant to section 25 of the Special Import Measures Act for the purpose of the final determination rendered under section 41 of that Act, in respect of the period of investigation,
(ii) the cost and profit amount per millilitre of the iodinated contrast media product, which shall include the costs of importing into and selling in Canada and a profit, shall be established in the following manner, namely,
(A) establish the weighted average reference value per millilitre of the iodinated contrast media products for Bristol-Myers Squibb Company in respect of the period of investigation, and
(B) subtract the weighted average reference value established under clause (A) from 28.5¢,
(iii) the import value shall be determined by deducting from the resale price per millilitre of the iodinated contrast media product the cost and profit amount established in accordance with subparagraph (ii), and
(iv) the import value shall be subtracted from the reference value.
Other Iodinated Contrast Media Products Exported by or on Behalf of Searle Ltd. and Imported by Nycomed Amersham Canada Ltd., or Exported by or on Behalf of Bristol-Myers Squibb Company and Imported by Bracco Diagnostics Canada Inc.
3 The amount of anti-dumping duties referred to in section 2 of this Order, in respect of iodinated contrast media products exported by or on behalf of Searle Ltd. and imported by Nycomed Amersham Canada Ltd., or exported by or on behalf of Bristol-Myers Squibb Company and imported by Bracco Diagnostics Canada Inc., other than those products to which paragraph 2(a) or (b) of this Order applies, shall, in respect of each iodinated contrast media product, be the greater of
(a) zero, and
(b) the amount determined in the following manner, namely,
(i) the reference value per millilitre of the iodinated contrast media product shall be equal to the reference value per millilitre of the comparable iodinated contrast media product determined pursuant to section 1 or 2 of this schedule,
(ii) the import value of the iodinated contrast media product shall be determined by deducting, from the resale price per millilitre of the iodinated contrast media product, the cost and profit amount for the comparable iodinated contrast media product determined in accordance with section 1 or 2 of this schedule, and
(iii) the import value shall be subtracted from the reference value.
Other Iodinated Contrast Media Products Exported by or Imported by Any Person, Entity or Organization other than Those Companies Listed in Paragraph 2(A) or (B) of This Order
4 The amount of anti-dumping duties referred to in section 2 of this Order, in respect of iodinated contrast media products exported by or imported by any person, entity or organization other than those companies listed in paragraph 2(a) or (b) of this Order, shall, in respect of each iodinated contrast media product, be the greater of
(a) zero, and
(b) the amount determined in the following manner, namely,
(i) establish the public interest prices per millilitre of the comparable iodinated contrast media products by adding, to the reference value per millilitre of each comparable iodinated contrast media product, the cost and profit amount for each comparable iodinated contrast media product determined in accordance with section 1 or 2 of this schedule,
(ii) the public interest price per millilitre of the iodinated contrast media product shall be equal to the weighted average of the public interest prices per millilitre of the comparable iodinated contrast media products established under subparagraph (i),
(iii) the cost and profit amount per millilitre of the iodinated contrast media product shall be the aggregate of the following amounts, namely,
(A) all taxes and costs, including duties imposed under the Customs Tariff but excluding duties imposed under the Special Import Measures Act,
(I) that are incurred on or after the date of importation of the product but on or before the date of its sale by the importer, or
(II) that result from its sale by the importer,
(B) an amount for profit by the importer, determined pursuant to sections 20 to 22 of the Special Import Measures Regulations,
(C) the costs, charges and expenses incurred by the exporter, importer or any other person in preparing the product for shipment to Canada that are additional to those costs, charges and expenses generally incurred on sales of like goods for use in the country of export, and
(D) all other costs, charges and expenses incurred by the exporter, importer or any other person resulting from the exportation of the product, or arising from its shipment to Canada,
(iv) the reference value per millilitre of the iodinated contrast media product shall be determined by deducting from the public interest price calculated in accordance with subparagraph (ii) the cost and profit amount established in accordance with subparagraph (iii),
(v) the import value shall be determined by deducting from the resale price per millilitre of the iodinated contrast media product the cost and profit amount established in accordance with subparagraph (iii), and
(vi) the import value shall be subtracted from the reference value.
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