Canadian International Trade Tribunal Act — C-18.3 26
esult of that entitlement, being imported in such increased quantities, in absolute terms, and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, (i.98) [Repealed, 2024, c. 3, s. 32] (ii) in the case of a complaint filed under subsection 23(1.1), the goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction or elimination of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury to domestic producers of like or directly competitive goods; (b) that the complaint is made by or on behalf of, or with the support of, domestic producers who produce a major proportion of domestic production of the like or directly competitive goods; and (c) where an inquiry, except an inquiry under sections 30.21 to 30.25, in relation to like or directly competitive goods has been completed or terminated by the Tribunal under this Act during the twenty-four month period preceding the date of receipt of the complaint, that the circumstances are sufficiently different to warrant a new inquiry. Notice of decision (2) Where the Tribunal decides to commence an inquiry into a complaint under subsection (1), it shall forthwith (a) notify the complainant and each other interested party in writing of its decision, of the reasons therefor, and of the date on which any hearing in the inquiry shall commence; (b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette ; and (c) send a copy of its decision, a copy of the complaint and the information accompanying the complaint and a copy of any other relevant information examined by the Tribunal in relation to the complaint to the Minister. Copies to Minister (2.1) Notwithstanding subsection (2), in the case of a complaint filed under subsection 23(1.06) or (1.08), the Tribunal shall send to the Minister only a copy of its decision and a copy of any relevant information examined by the Tribunal in relation to the complaint that was not previously sent to the Minister under subsection 25(2). Idem (3) Where the Tribunal decides not to commence an inquiry into a complaint under subsection (1), it shall forthwith (a) notify the complainant and each other interested party in writing of its decision and of the reasons for its refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the complainant, of the fact that the decision was based in whole or in part on such information; and (b) cause a notice of its decision to be published in the Canada Gazette . Evidence of dumping or subsidizing (4) Where, before commencing an inquiry into a complaint under subsection (1), the Tribunal forms the opinion that the injury or threat of injury alleged in the complaint appears to be caused by the dumping or subsidizing of goods within the meaning of the Special Import Measures Act , the Tribunal shall forthwith (a) by notice in writing, refer the complaint to the President for consideration under the Special Import Measures Act ; and (b) notify the complainant and each other interested party in writing that the complaint has been so referred to the President. Inquiry only in case of dumping (5) The Tribunal may commence an inquiry under subsection (1) into a complaint that pursuant to subsection (4) is referred to the President for consideration under the Special Import Measures Act only if (a) the President does not initiate an investigation under that Act respecting the dumping or subsidizing of the goods that are the subject of the complaint or initiates such an investigation but terminates the investigation under section 35 or 41 of that Act; and (b