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Special Import Measures Regulations (SOR/84-927)

Regulations are current to 2022-11-16 and last amended on 2022-06-24. Previous Versions

PART IIIGeneral (continued)

Scope Ruling (continued)

 For the purpose of subsection 66(6) of the Act, the President may take the following factors into account in making a scope ruling:

  • (a) in all cases,

    • (i) the physical characteristics of the goods in respect of which the scope proceeding has been initiated, including their composition,

    • (ii) their technical specifications,

    • (iii) their uses,

    • (iv) their packaging, including any other goods contained in the packaging, along with the promotional material and documentation concerning the goods in respect of which the scope proceeding has been initiated, and

    • (v) their channels of distribution;

  • (b) for a ruling as to whether goods in respect of which the scope proceeding has been initiated are of the same description as goods to which an order of the Governor in Council or an order or finding of the Tribunal applies,

    • (i) the description of the goods referred to in that order or that order or finding,

    • (ii) in the case of an order or finding of the Tribunal, the reasons for the order or finding, and

    • (iii) any relevant decision by the Tribunal, the Federal Court of Appeal, the Supreme Court of Canada, or a panel under Part I.1 or II of the Act;

  • (c) for a ruling as to whether goods in respect of which the scope proceeding has been initiated are of the same description as goods to which an undertaking applies,

    • (i) the description of the goods referred to in the preliminary determination of dumping or subsidizing and in the undertaking, and

    • (ii) the reasons for the preliminary determination; and

  • (d) if the basis for a ruling referred to in paragraph (b) or (c) is whether goods in respect of which the scope proceeding has been initiated originate in a country that is subject to the applicable order, finding or undertaking or originate in a third country,

    • (i) the production activities undertaken in the third country in respect of the goods and undertaken in the subject country in respect of goods from which the goods are produced,

    • (ii) the nature of the goods when they were exported from the third country and of goods from which the goods are produced when they were exported from the subject country, and

    • (iii) the costs of production of the goods incurred in the third country.

  • SOR/2018-88, s. 12

 For the purpose of subsection 67(2) of the Act, the President may review a scope ruling in any of the following circumstances:

  • (a) an order or finding is issued by the Tribunal with respect to goods of the same description as goods to which the ruling applies except that those goods originate in, or are exported from, a country that is different from a subject country in the ruling;

  • (b) an order made under subsection 76.01(5) or 76.03(12) of the Act affects the ruling;

  • (c) an order or finding made under subsection 61(3) or 62(2) of the Act relates to the scope ruling or a definitive decision that relates to the scope ruling is referred back under subsection 77.015(3) or (4), 77.019(5), 77.15(3) or (4) or 77.19(4) of the Act;

  • (d) a decision referred to in subsection 75.1(1) of the Act sets out a finding of circumvention that relates to the scope ruling;

  • (e) the ruling is based on erroneous information; and

  • (f) there has been a material change in circumstances since the ruling was made.

  • SOR/2018-88, s. 12

Expedited Review

  •  (1) For the purpose of subsection 13.2(2) of the Act, a request for a review shall contain the following information:

    • (a) confirmation that the goods have been sold or consigned to an importer in Canada;

    • (b) with respect to each sale or consignment of the goods to an importer in Canada,

      • (i) the name and address of the importer,

      • (ii) a detailed description of the goods,

      • (iii) the date of sale or consignment of the goods,

      • (iv) the date of shipment of the goods,

      • (v) the purchase or consignment order number with respect to the goods and the date of the purchase or consignment order,

      • (vi) complete details of the

        • (A) contract of sale or of the purchase order acknowledgement or acceptance, or

        • (B) consignment contract or of the consignment order acknowledgment or acceptance, and

      • (vii) the name and address of the manufacturer or producer of the goods; and

    • (c) a description of the exporting enterprise and a list of all associated persons who are located in the country of export.

  • (2) A request for a review shall be delivered to the Canada Border Services Agency at the address specified on its website.

  • SOR/95-26, s. 16
  • SOR/96-255, ss. 22, 24
  • SOR/2000-138, ss. 14, 15
  • SOR/2015-27, s. 8
  • SOR/2018-88, s. 13

 The security referred to in subsection 13.2(4) of the Act shall be posted

  • (a) if it is in the form of cash or a certified cheque, with an officer at the Canada Border Services Agency office at which the goods are, or are to be, released; and

  • (b) if it is in any other form, with an officer at the Canada Border Services Agency regional office at which the goods are, or are to be, released.

  • SOR/95-26, s. 16
  • SOR/2000-138, s. 15
  • SOR/2015-27, s. 9

Refusal of Acceptance of Undertaking

 For the purpose of subsection 49(4) of the Act, the period of time commences on the day on which the preliminary determination of dumping or subsidizing is made in respect of the goods to which the undertaking has been offered and ends 60 days after that day.

  • SOR/95-26, s. 16

 The President may refuse to consider representations referred to in subsection 49(5) of the Act after the period beginning on the day on which an undertaking is offered and ending nine days after that day.

  • SOR/2000-138, s. 10
  • SOR/2015-27, s. 10

Anti-circumvention Investigations

 For the purpose of paragraph 71(a) of the Act, the following factors may be considered in determining whether there has been a change in the pattern of trade:

  • (a) any change in the volume of imports into Canada of goods subject to the applicable order of the Governor in Council or the applicable order or finding of the Tribunal;

  • (b) any change in the volume of imports into Canada of goods in respect of which circumvention may be occurring;

  • (c) any change in the volume of imports — from the country named in that applicable order or order or finding into the country from which goods referred to in paragraph (b) originate or are exported — of

    • (i) like goods in relation to goods referred to in paragraph (a), or

    • (ii) parts or components from which like goods referred to in subparagraph (i) are assembled or completed; and

  • (d) any other relevant factor.

  • SOR/2018-88, s. 14

 For the purpose of paragraph 71(b) of the Act, the following activities are prescribed:

  • (a) the assembly or completion of like goods in Canada, by means of insignificant processes, using parts or components — that represent a major portion of the total cost of producing the like goods — originating in or exported from a country that is subject to the applicable order of the Governor in Council or the applicable order or finding of the Tribunal, whether or not those parts or components are the only ones used to assemble or complete the like goods in Canada;

  • (b) the assembly or completion of like goods in a third country, by means of insignificant processes, using parts or components — that represent a major portion of the total cost of producing the like goods — originating in or exported from a country that is subject to the applicable order of the Governor in Council or the applicable order or finding of the Tribunal, whether or not those parts or components are the only ones used to assemble or complete the like goods in the third country; and

  • (c) the slight modification — in a country that is subject to the applicable order of the Governor in Council or the applicable order or finding of the Tribunal or in a third country — of like goods originating in or exported from that subject country such that the slightly modified goods are no longer like goods.

  • SOR/2018-88, s. 14

 The following factors may be considered in determining whether the processes of assembly or completion of the like goods referred to in paragraph 57.12(a) or (b) are insignificant:

  • (a) the nature of those processes;

  • (b) the nature of the facilities used to carry out those processes;

  • (c) the level of investment related to those processes and to those facilities;

  • (d) the level of research and development related to those processes;

  • (e) the costs of those processes;

  • (f) the proportion of those costs in relation to the cost of production of the like goods; and

  • (g) any other relevant factor.

  • SOR/2018-88, s. 14

 The following factors may be considered in determining whether a modification of like goods referred to in paragraph 57.12(c) is slight:

  • (a) the physical characteristics of the modified goods and the like goods, including their composition;

  • (b) the technical specifications of the modified goods and the like goods;

  • (c) each of the classification numbers under the Harmonized Commodity Description and Coding System attributed to the modified goods and the like goods;

  • (d) the uses of the modified goods and the like goods;

  • (e) the extent to which the modified goods could be substituted for the like goods and consumer preferences in relation to the modified goods and the like goods;

  • (f) the packaging for the modified goods and the like goods, along with the promotional material and documentation concerning the modified goods and the like goods;

  • (g) the channels of distribution for the modified goods and the like goods;

  • (h) the difference in the processes to produce, the facilities used to produce and the costs of producing the modified goods and the like goods;

  • (i) the cost of the modification and, if it is possible to reverse the modification, the cost of reversing it; and

  • (j) any other relevant factor.

  • SOR/2018-88, s. 14

 For the purposes of paragraph 71(b) of the Act, the following factors may be considered in determining whether imports of goods to which an activity referred to in section 57.12 applies are undermining the remedial effects of the applicable order of the Governor in Council or the applicable order or finding of the Tribunal:

  • (a) the price and volume of like goods referred to in paragraph 57.12(a) sold in Canada or the price and volume of imports of like goods referred to in paragraph 57.12(b) or of slightly modified goods referred to in paragraph 57.12(c);

  • (b) whether the goods referred to in paragraph (a) are sold to consumers that otherwise may have bought goods that are subject to the applicable order of the Governor in Council or the applicable order or finding of the Tribunal;

  • (c) whether the goods referred to in paragraph (a) have the same use as goods that are subject to the applicable order of the Governor in Council or the applicable order or finding of the Tribunal; and

  • (d) any other relevant factor.

  • SOR/2018-88, s. 14

 For the purpose of paragraph 71(c) of the Act, the following factors may be considered in determining whether the change in trade pattern is caused by the imposition of anti-dumping or countervailing duties:

  • (a) a difference in costs in respect of

    • (i) goods that are subject to the applicable order of the Governor in Council or the applicable order or finding of the Tribunal, and

    • (ii) the like goods referred to in paragraph 57.12(a) or (b) or the slightly modified goods referred to in paragraph 57.12(c);

  • (b) the timing of when an activity referred to in section 57.12 began or substantially increased in relation to the day on which an order imposing a countervailing duty was made under section 7 of the Act or an investigation was initiated under section 31 of the Act, as the case may be;

  • (c) the sale, in a country other than Canada, of like goods referred to in paragraph 57.12(b), of parts or components referred to in paragraph 57.12(a) or (b) or of slightly modified goods referred to in paragraph 57.12(c);

  • (d) a change in consumer preferences in relation to goods referred to in subparagraph (a)(i) or (ii) or to parts or components referred to in paragraph 57.12(a);

  • (e) a change in technology related to the production of goods referred to in subparagraph (a)(i) or (ii);

  • (e.1) any economic or commercial factors that are unrelated to the imposition of anti-dumping or countervailing duties; and

  • (f) any other relevant factor.

 For the purpose of subsection 72(3) of the Act, a complaint in respect of the alleged circumvention of an order of the Governor in Council or an order or finding of the Tribunal shall contain the following information:

  • (a) an indication of that order or that order or finding;

  • (b) an explanation of the allegations, including a description of the goods whose importation is alleged to circumvent that order or that order or finding;

  • (c) the name and civic address and, if different, postal address of the complainant, along with an indication of whether the complainant is an importer, exporter or producer of goods that are subject to that order or that order or finding or like goods in relation to those subject goods;

  • (d) the name and civic address and, if different, postal address of each domestic producer of like goods referred to in paragraph (c) and of each association of such producers, if known;

  • (e) the name and civic address and, if different, postal address of each producer, exporter and importer of goods referred to in paragraph (b), if known; and

  • (f) any other relevant information.

  • SOR/2018-88, s. 14

 For the purposes of paragraphs 73(1)(b), 75(3)(c), 75.1(1)(b) and 75.4(7)(c) of the Act, the reasons are to be published on the website of the Canada Border Services Agency.

  • SOR/2018-88, s. 14
  •  (1) For the purpose of subsection 74(1) of the Act, the statement of essential facts is to be published on the website of the Canada Border Services Agency.

  • (2) For the purpose of subsection 74(2) of the Act, seven days after the day on which that statement is published constitutes sufficient time.

  • SOR/2018-88, s. 14

 For the purpose of subsection 75.2(1) of the Act, the period for making a decision may be extended to 240 days in any of the following circumstances:

  • (a) the issues presented by the anti-circumvention investigation are complex or novel;

  • (b) it is difficult to obtain satisfactory evidence or to assess the accuracy of evidence;

  • (c) it is unusually difficult to determine whether the investigation ought to be terminated under subsection 75(1) of the Act; and

  • (d) it is difficult to consider the information and evidence in light of the variety of goods in respect of which the investigation was initiated, the number of persons involved in the investigation or any unusual difficulties.

  • SOR/2018-88, s. 14
 
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