Special Import Measures Regulations (SOR/84-927)

54.6 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.