GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Special Import Measures Act — S-15 30
Normal value and export price where goods exported to Canada through another country 30 (1) Where goods are exported to Canada from one country but pass in transit through another country, the normal value and export price of the goods shall, subject to such terms and conditions as to shipment, documentation, warehousing, transhipment or the like as are prescribed, be determined as if the goods were shipped directly to Canada from the first mentioned country. Normal value and export price where goods shipped indirectly to Canada (2) Where any goods (a) are or are to be shipped indirectly to Canada from the country of origin through one or more other countries, and (b) would, but for this section, have a normal value as computed under sections 15 to 23 or section 29 that is less than the normal value would be if the country of export were the country of origin, the normal value and export price of the goods shall, notwithstanding any other provision of this Act, be determined as if the goods were or were to be shipped directly to Canada from the country of origin. R.S., 1985, c. S-15, s. 30; 1999, c. 12, s. 11
Special Import Measures Act — S-15 30.2
Margin of dumping re goods of an exporter 30.2 (1) Subject to subsection (2), the margin of dumping in relation to any goods of a particular exporter is zero or the amount determined by subtracting the weighted average export price of the goods from the weighted average normal value of the goods, whichever is greater. If variation in price (2) The President may determine the margin of dumping in relation to any goods of a particular exporter to be the weighted average of the margins of dumping in relation to the goods of that exporter that are sold in any individual sales of goods of that exporter that the President considers relevant if, in the opinion of the President, there are significant variations in the prices of goods of that exporter among purchasers, regions in Canada or time periods. Price of like goods (3) Where subsection (2) applies and any of the normal values used to determine the margins of dumping in relation to goods sold in individual sales are determined in accordance with section 15, the price of like goods used to determine those normal values is the weighted average, determined in accordance with paragraph 17(a), of the prices at which the like goods were sold. 1994, c. 47, s. 159; 1999, c. 12, s. 13(E), c. 17, ss. 183, 184; 2005, c. 38, s. 134
Special Import Measures Act — S-15 30.3
Margin of dumping based on sample 30.3 (1) The President may, if the President is of the opinion that it would be impracticable to determine a margin of dumping in relation to all goods under consideration because of the number of exporters, producers or importers, the variety or volume of goods or any other reason, determine margins of dumping in relation to (a) the largest percentage of goods of each of the countries whose goods are under consideration that, in the opinion of the President, can reasonably be investigated; or (b) samples of the goods of each of the countries whose goods are under consideration that, in the opinion of the President based on the information available at the time of selection, are statistically valid. Where information submitted (2) Where subsection (1) applies, the President shall determine a margin of dumping in relation to any goods under consideration that were not included in the percentage or sample, as the case may be, referred to in that subsection where (a) the exporter of the goods submits information for the purpose of determining a margin of dumping; and (b) in the opinion of the President, it is practicable to do so. Other cases (3) Where subsection (1) applies with respect to goods under consideration, the margin of dumping in relation to those goods that were not included in the percentage or sample and those goods for which a margin of dumping was not determined in accordance with subsection (2) shall be determined in the prescribed manner. 1994, c. 47, s. 159; 1999, c. 12, s. 14, c. 17, ss. 183, 184; 2005, c. 38, s. 134
Special Import Measures Act — S-15 30.4
Amount of subsidy 30.4 (1) Subject to subsections (2) and (3), the amount of subsidy in relation to any goods shall be determined in the prescribed manner. Where no prescribed manner (2) Where no manner of determining an amount of subsidy has been prescribed or, in the opinion of the President, sufficient information has not been provided or is not otherwise available to enable the determination of the amount of subsidy in the prescribed manner, the amount of subsidy shall, subject to subsection (3), be determined in such manner as the Minister may specify. Exception (3) An amount of subsidy shall not include any amount that is attributable to a non-actionable subsidy. 1994, c. 47, s. 159; 1999, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 31
the Tribunal advises that the evidence discloses a reasonable indication that the dumping or subsidizing of the goods that are the subject of the reference has caused injury or retardation or is threatening to cause injury, the President shall initiate an investigation respecting the dumping or subsidizing of the goods forthwith after receipt of the advice. R.S., 1985, c. S-15, s. 31; 1994, c. 47, s. 160; 1999, c. 12, s. 15, c. 17, s. 183; 2005, c. 38, s. 134 2022, c. 10, s. 195
Special Import Measures Act — S-15 31.1
No investigation where subsidy notified 31.1 (1) Subject to subsections (2) and (3), the President may not initiate an investigation with respect to a subsidy that has been notified to the Committee, in accordance with Article 8.3 of the Subsidies Agreement, as being a non-actionable subsidy. Where determination that subsidy is actionable (2) Subject to subsection (3), the President may initiate an investigation with respect to a subsidy referred to in subsection (1) where there is a determination that the subsidy is not a non-actionable subsidy by (a) the Committee, as the result of a review of the notification pursuant to a request under Article 8.4 of the Subsidies Agreement; or (b) an arbitration body as a result of the submission to binding arbitration under Article 8.5 of the Subsidies Agreement of (i) a determination by the Committee that the subsidy is a non-actionable subsidy, or (ii) the failure of the Committee to make a determination pursuant to a request under Article 8.4 of the Subsidies Agreement. Where redetermination that subsidy is actionable (3) The President may initiate an investigation with respect to a subsidy that was determined, by the Committee or an arbitration body, to be a non-actionable subsidy where the Committee or an arbitration body makes a redetermination that the subsidy is no longer a non-actionable subsidy. Notification (4) The President shall without delay notify the Deputy Minister of Finance and the complainant if the President is of the opinion that (a) a subsidy that was not notified to the Committee in accordance with Article 8.3 of the Subsidies Agreement is a non-actionable subsidy; or (b) a subsidy that was determined by the Committee or an arbitration body to be a non-actionable subsidy may, as a result of substantial modification to the nature or delivery of the subsidy, no longer be a non-actionable subsidy. Where Deputy Minister of Finance receives notification (5) The Deputy Minister of Finance shall, on receipt of notification under subsection (4), notify the Deputy Minister of International Trade and any other person who, in the opinion of the Deputy Minister of Finance, is interested, of the matters referred to in paragraphs (4)(a) and (b). 1994, c. 47, s. 161; 1999, c. 17, ss. 181, 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 32
Where President receives a complaint 32 (1) Where the President receives a written complaint respecting the dumping or subsidizing of goods, he shall, within twenty-one days after the receipt thereof, (a) if the complaint is properly documented, cause the complainant to be informed in writing that the complaint was received and that it is properly documented; or (b) if the complaint is not properly documented, cause the complainant to be informed in writing that the complaint was received and indicate the information and material needed in order for the complaint to be properly documented. Notice of complaint (1.1) If the President receives a properly documented written complaint under subsection (1), the President shall cause the government of the country of export to be notified in writing that the complaint was received and that it is properly documented. Timing of notice (1.2) The notice shall be provided no later than (a) in the case of a complaint respecting the dumping of goods, seven days before the day on which the President decides whether or not to cause an investigation to be initiated; and (b) in the case of a complaint respecting the subsidizing of goods, 20 days before the day on which the President decides whether or not to cause an investigation to be initiated. Additional information and material (2) For the purposes of subsection (1), where the President receives from a complainant additional written information or material in relation to a complaint referred to in that subsection with respect to which he has at any time caused the complainant to be informed pursuant to paragraph (1)(b), the President shall, unless, before the receipt of the additional information or material, he has caused the complainant to be informed in writing pursuant to paragraph (1)(a) that the complaint is properly documented, be deemed to have received, on the day that he received the additional written information or material, a complaint respecting the dumping or subsidizing of goods composed of the complaint with respect to which he has caused the complainant to be so informed pursuant to paragraph (1)(b) and the additional information or material. Deemed complaint (3) If a written complaint filed with the Tribunal under subsection 23(1) of the Canadian International Trade Tribunal Act is referred to the President under subsection 26(4) or 28(1) of that Act, the President is deemed to have received a written complaint described in subsection (1). R.S., 1985, c. S-15, s. 32; R.S., 1985, c. 47 (4th Supp.), s. 52; 1994, c. 47, s. 162; 1999, c. 12, s. 16, c. 17, ss. 183, 184; 2005, c. 38, s. 134 2022, c. 10, s. 196
Special Import Measures Act — S-15 33
Where President decides not to initiate investigation 33 (1) Where, after receipt of a properly documented complaint respecting the dumping or subsidizing of goods, the President decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated, the President shall cause a written notice of the decision, setting out the reasons therefor, to be sent to the complainant and to the government of the country of export. Reference to Tribunal (2) Where, after receipt of a properly documented complaint respecting the dumping or subsidizing of goods, the President decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated by reason only that in the opinion of the President the evidence does not disclose a reasonable indication that the dumping or subsidizing of the goods in respect of which the President has so decided has caused injury or retardation or is threatening to cause injury, (a) the President may, on the date of the notice referred to in subsection (1), or (b) the complainant may, within thirty days after the date of the notice referred to in subsection (1), refer to the Tribunal the question whether the evidence discloses a reasonable indication that the dumping or subsidizing of the goods in respect of which the President has so decided has caused injury or retardation or is threatening to cause injury. R.S., 1985, c. S-15, s. 33; 1994, c. 47, s. 163; 1999, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 34
Notice of investigation 34 (1) If the President causes an investigation to be initiated respecting the dumping or subsidizing of goods, the President shall (a) in the case of an investigation initiated under any provision of this Act other than section 7, cause notice of the investigation (i) to be given to the Tribunal, the exporter, the importer, the government of the country of export, the complainant, if any, and any other prescribed persons, and (ii) to be published in the Canada Gazette ; and (b) without delay provide the Tribunal with the information and material with respect to the matter that is required under the Tribunal’s rules. Tribunal to make preliminary inquiry (2) The Tribunal shall, without delay after receipt under subparagraph (1)(a)(i) of a notice of an initiation of an investigation, make a preliminary inquiry (which need not include an oral hearing) into whether the evidence discloses a reasonable indication that the dumping or subsidizing of the goods has caused injury or retardation or is threatening to cause injury. R.S., 1985, c. S-15, s. 34; 1994, c. 47, s. 164; 1999, c. 12, s. 17, c. 17, ss. 183, 184; 2005, c. 38, s. 134; 2014, c. 20, ss. 429, 443
Special Import Measures Act — S-15 35
Termination of investigation or inquiry 35 (1) The President shall act under subsection (2) and the Tribunal shall act under subsection (3) if, at any time before the President makes a preliminary determination under subsection 38(1) in respect of goods that are the subject of the investigation, (a) the President is satisfied in respect of some or all of those goods that the actual and potential volume of goods of a country or countries is negligible; or (b) the Tribunal comes to the conclusion in respect of some or all of those goods that the evidence does not disclose a reasonable indication that the dumping or subsidizing of the goods has caused injury or retardation or is threatening to cause injury. Duty of President (2) The President shall (a) cause the investigation to be terminated with respect to the goods in respect of which the President is so satisfied or the Tribunal has come to that conclusion; and (b) cause notice of the termination to be (i) given to the Tribunal, the exporter, the importer, the government of the country of export, the complainant, if any, and any prescribed persons, and (ii) published in the Canada Gazette . Duty of Tribunal (3) The Tribunal shall (a) cause the preliminary inquiry to be terminated with respect to the goods in respect of which the President is so satisfied or the Tribunal has come to that conclusion; and (b) cause notice of the termination to be (i) given to the President, the exporter, the importer, the government of the country of export, the complainant, if any, and any prescribed persons, and (ii) published in the Canada Gazette . R.S., 1985, c. S-15, s. 35; 1994, c. 47, s. 165; 1999, c. 12, s. 17, c. 17, ss. 183, 184; 2005, c. 38, s. 134; 2014, c. 20, s. 443; 2016, c. 7, s. 196; 2017, c. 20, s. 77
Special Import Measures Act — S-15 35.1
Termination of investigation — Chile 35.1 (1) Immediately after goods of Chile are exempted from the application of this Act in respect of dumping by regulations made under section 14, (a) the President shall cause any investigation initiated under section 31 to be terminated to the extent that it relates to the dumping of those goods; (b) the Tribunal shall cause any preliminary inquiry initiated under subsection 34(2) to be terminated to the extent that it relates to the dumping of those goods; and (c) all related proceedings are terminated to the extent that they relate to the dumping of those goods. Notice of termination (2) The President or the Tribunal, as the case may be, shall cause notice of the termination (a) to be given to the exporter, the importer, the Government of the Republic of Chile, the complainant, if any, and any other persons who may be prescribed; and (b) to be published in the Canada Gazette . 1997, c. 14, s. 90; 1999, c. 12, s. 18, c. 17, ss. 183, 184; 2005, c. 38, s. 134
Special Import Measures Act — S-15 37
Tribunal to give advice 37 If a reference is made to the Tribunal under section 33 on any question in relation to any matter before the President, (a) the President shall forthwith provide the Tribunal with such information and material with respect to the matter as may be required under the rules of the Tribunal; and (b) the Tribunal shall render its advice on the question (i) without holding any hearings thereon, (ii) on the basis of the information that was before the President when he reached his decision or conclusion on that question, and (iii) forthwith after the date on which the reference is made to it and, in any event, not later than thirty days after that date. R.S., 1985, c. S-15, s. 37; 1999, c. 12, s. 20, c. 17, ss. 183, 184; 2005, c. 38, s. 134
Special Import Measures Act — S-15 37.1
Preliminary determination of injury 37.1 (1) On or before the sixtieth day after the initiation of an investigation under section 31, the Tribunal shall make, with respect to the goods in respect of which the investigation has not been terminated under section 35, a preliminary determination that there is evidence that discloses a reasonable indication that the dumping or subsidizing has caused injury or retardation or is threatening to cause injury. Notification (2) The Tribunal shall cause notice of the preliminary determination to be (a) given to the President, the exporter, the importer, the government of the country of export, the complainant, if any, and any prescribed persons; and (b) published in the Canada Gazette . 1999, c. 12, s. 21, c. 17, s. 184; 2005, c. 38, s. 134
Special Import Measures Act — S-15 39
Time extended 39 (1) If, in any investigation respecting the dumping or subsidizing of goods, the President, before the expiration of the ninety days referred to in subsection 38(1), causes written notice to be given to the persons and the government referred to in paragraph 34(1)(a) that by reason of (a) the complexity or novelty of the issues presented by the investigation, (b) the variety of goods or number of persons involved in the investigation, (c) the difficulty of obtaining satisfactory evidence in the investigation, or (d) any other circumstance specified in the notice that, in the opinion of the President, makes it unusually difficult for him to decide within those ninety days whether to terminate the investigation with respect to some or all of the goods, proceed in accordance with subsection 38(1) or accept an undertaking or undertakings, the decision referred to in paragraph (d) will not be made within those ninety days, the period of ninety days referred to in section 38 is thereupon extended to one hundred and thirty-five days. Notice of time extension (2) Where the President causes notice to be given pursuant to subsection (1), he shall cause a notice to the same effect to be published in the Canada Gazette forthwith. R.S., 1985, c. S-15, s. 39; 1994, c. 47, s. 186; 1999, c. 12, s. 23, c. 17, ss. 183, 184; 2005, c. 38, s. 134
Special Import Measures Act — S-15 41
Final determination or termination 41 (1) Within 90 days after making a preliminary determination under subsection 38(1), the President shall (a) terminate the investigation in respect of any goods of a particular exporter if, on the available evidence, the President is satisfied that there has been no dumping or subsidizing of the goods or that the margin of dumping of, or amount of subsidy on, those goods is insignificant; and (b) make a final determination of dumping or subsidizing in respect of the goods that are the subject of the investigation and for which the investigation has not been terminated under paragraph (a) if, on the available evidence, the President is satisfied that there has been dumping or subsidizing and the President shall specify, in relation to each exporter of goods in respect of which the investigation is made, as follows: (i) in the case of dumped goods, the goods to which the determination applies and the margin of dumping of the goods, and (ii) in the case of subsidized goods, (A) the goods to which the determination applies, (B) the amount of subsidy on the goods, and (C) subject to subsection (2), if the whole or any part of the subsidy on the goods is a prohibited subsidy, the amount of the prohibited subsidy on the goods. Exception (2) The President shall not specify anything under clause (1)(b)(ii)(C) if the President is of the opinion that, having regard to the country that is providing the export subsidy, the nature of the goods and the circumstances under which the export subsidy is provided, provision of the export subsidy in relation to those goods is not inconsistent with that country’s obligations under the international agreement known as the General Agreement on Tariffs and Trade, 1994. Notice of final determination (3) Where the President makes a final determination of dumping or subsidizing in respect of goods, he shall cause notice that he has made the determination to be (a) given and published as provided in paragraph 34(1)(a); and (b) filed with the Tribunal in writing, stating the reasons therefor, together with such other material relating to the determination as may be required under the rules of the Tribunal. Notice of termination (4) Where the President causes an investigation respecting the dumping or subsidizing of any goods to be terminated pursuant to subsection (1) in respect of those goods, he shall cause notice of the termination to be (a) given and published as provided in paragraph 34(1)(a); and (b) given in writing to the Tribunal. R.S., 1985, c. S-15, s. 41; 1994, c. 47, ss. 167, 185, 186; 1999, c. 12, s. 25, c. 17, ss. 183, 184; 2005, c. 38, s. 134; 2014, c. 20, s. 443; 2017, c. 20, s. 79