GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Special Import Measures Regulations — 37.1
ng or subsidizing of goods has caused injury or retardation or is threatening to cause injury: (a) whether a causal relationship exists between the dumping or subsidizing of the goods and the injury, retardation or threat of injury, on the basis of the factors listed in subsections (1) and (2); and (b) whether any factors other than the dumping or subsidizing of the goods have caused injury or retardation or are threatening to cause injury, on the basis of (i) the volumes and prices of imports of like goods that are not dumped or subsidized, (ii) a contraction in demand for the goods or like goods, (iii) any change in the pattern of consumption of the goods or like goods, (iv) trade-restrictive practices of, and competition between, foreign and domestic producers, (v) developments in technology, (vi) the export performance and productivity of the domestic industry in respect of like goods, and (vii) any other factor that is relevant in the circumstances. SOR/95-26, s. 12; SOR/96-255, s. 20; SOR/2000-138, s. 5; SOR/2015-27, s. 2 SOR/2022-160, s. 1
Special Import Measures Regulations — 37.11
37.11 The following factors may be considered in determining whether injury has been caused by a massive importation of dumped or subsidized goods or, if the importations have occurred within a relatively short period of time and in the aggregate are massive, by a series of importations of dumped or subsidized goods: (a) whether there has been an increase of at least 15% in the volume of imports of those goods from an individual country of export and in respect of which an investigation under the Act has not been terminated, during a representative period within the period beginning 90 days before the date of initiation of the investigation and ending on the date of the President’s preliminary determination under subsection 38(1) of the Act, relative to a preceding representative period of comparable duration within the period of investigation; (b) whether the importer, producer or exporter of the dumped goods has a history of importing into Canada, or exporting into Canada, dumped goods in respect of which the Tribunal has made an order or finding that the dumping of the goods has caused injury or retardation or a threat of injury; (c) whether the authorities of a country other than Canada have determined that injury to the domestic industry of that country was caused by the dumping of goods of the same description, or of similar goods, by an exporter of the goods that are under investigation; (d) whether there has been a significant increase in the volume of domestic inventories of the dumped or subsidized goods within a relatively short period of time; and (e) any other factor that is relevant in the circumstances. SOR/2002-67, s. 2; SOR/2015-27, ss. 3, 10
Special Import Measures Regulations — 37.2
 the likely performance of the foreign industry, taking into account that industry’s recent performance, including trends in production, capacity utilization, employment levels, prices, sales, inventories, market share, exports and profits; (e) the likely impact of the dumped or subsidized goods on domestic industry if the order or finding is allowed to expire, having regard to all relevant economic factors and indices, including (i) any potential decline in output, sales, market share, profits, productivity, return on investments or utilization of production capacity, (ii) any potential negative effects on cash flow, inventories, growth or the ability to raise capital, and (iii) any potential negative effects on employment levels or the terms and conditions of employment of the persons employed in the domestic industry, including their wages, hours worked, pension plans, benefits or worker training and safety; (f) the potential for the foreign producers to produce the goods in facilities that are currently used to produce other goods; (g) the potential negative effects of the dumped or subsidized goods on existing development and production efforts, including effects on hiring and on efforts to produce a derivative or more advanced version of like goods; (h) evidence of the imposition of anti-dumping or countervailing measures by the authorities in a country other than Canada in respect of goods of the same description or in respect of similar goods; (i) whether measures taken by the authorities in a country other than Canada are likely to cause a diversion of the dumped or subsidized goods into Canada; (j) any changes in market conditions domestically or internationally, including changes in the supply of and demand for the goods, as well as any changes in trends and in sources of imports into Canada; and (k) any other factor pertaining to the current or likely behaviour or state of the domestic or international economy, market for goods or industry as a whole or in relation to workers or individual producers, exporters, brokers or traders. SOR/2000-138, s. 6; SOR/2015-27, ss. 4, 10; SOR/2018-88, s. 3 SOR/2022-160, s. 2
Special Import Measures Regulations — 38
38 Subject to section 39, if the same goods, like goods or similar goods are (a) subject to more than one properly documented complaint in relation to the dumping or subsidizing of goods, the President may join the complaints for the purpose of initiating a single investigation; (b) subject to more than one preliminary inquiry, the Tribunal may join the preliminary inquiries and carry them out as a single preliminary inquiry; (c) subject to more than one dumping investigation or subsidy investigation, or one or more dumping investigations and one or more subsidy investigations, the President may join the investigations and carry them out as a single investigation; (d) subject to more than one application for a scope ruling, the President may join the applications for the purpose of initiating a single scope proceeding; (e) subject to more than one scope proceeding, the President may join the proceedings and carry them out as a single scope proceeding; (f) subject to more than one complaint respecting circumvention, the President may join the complaints for the purpose of initiating a single anti-circumvention investigation; (g) subject to more than one anti-circumvention investigation, the President may join the investigations and carry them out as a single anti-circumvention investigation; (h) subject to one or more applications for a scope ruling and one or more complaints respecting circumvention, the President may join the applications and complaints for the purpose of initiating a single anti-circumvention investigation, which includes consideration of the issue of scope; and (i) subject to one or more scope proceedings and one or more anti-circumvention investigations, the President may join the scope proceedings and the investigations and carry them out as a single anti-circumvention investigation, which includes consideration of the issue of scope. SOR/96-255, s. 21; SOR/2000-138, s. 7; SOR/2015-27, s. 10; SOR/2018-88, s. 4
Special Import Measures Regulations — 39
39 (1) An investigation referred to in paragraph 38 (c) is not to be joined with another investigation under that paragraph if a preliminary determination of dumping or subsidizing has been made in respect of at least one of those investigations. (2) An investigation referred to in paragraph 38 (g) or (i) is not to be joined with another investigation or proceeding under that paragraph if a statement of essential facts has been published in respect of at least one of those investigations. SOR/2000-138, s. 7; SOR/2018-88, s. 4
Special Import Measures Regulations — 40
40 (1) If complaints are joined under paragraph 38 (a), the President shall cause written notice of the joinder to be provided to the complainants and government of each country of export involved in the complaints. (2) If preliminary inquiries are joined under paragraph 38 (b), the Tribunal shall cause written notice of the joinder to be provided to the President and the complainants, importers, exporters and government of each country of export involved in the inquiries. (3) If investigations are joined under paragraph 38 (c), the President shall cause written notice of the joinder to be provided to the Tribunal and the complainants, importers, exporters and government of each country of export involved in the investigations. (4) If applications or complaints are joined under paragraph 38 (d), (f) or (h), the President shall cause written notice of the joinder to be provided to the complainants and applicants involved in them. (5) If proceedings or investigations are joined under paragraph 38 (e), (g) or (i), the President shall cause written notice of the joinder to be provided to the complainants, applicants, importers, exporters, government of each country of export and domestic producers involved in them. SOR/2000-138, s. 7; SOR/2015-27, s. 10; SOR/2018-88, s. 4
Special Import Measures Regulations — 40.1
ake representations to the Tribunal on the question referred to in that subsection shall be made in writing and filed with the Tribunal within 21 days after the date of publication of the notice referred to in subsection 45(2) of the Act. (5) A request made by a person under subsection (4) shall outline the person’s interest in the inquiry and shall give the name, address for service, telephone number, and, if any, the facsimile number and electronic-mail address of the person and of the person’s counsel, if any. SOR/2000-138, s. 7; SOR/2015-27, s. 5; SOR/2018-88, s. 5
Special Import Measures Regulations — 41
41 For the purpose of subsection 45(6) of the Act, person interested means (a) a person who is engaged in the production, sale or export of any goods that are the subject of an investigation; (b) a person who is engaged in the purchase or import of any goods that are the subject of an investigation, or a trade union that represents persons employed in such purchase or import or an association that includes such trade unions; (c) a person who is engaged in the production, purchase or sale of any goods produced in Canada that are like goods in relation to any goods that are the subject of an investigation, or a trade union that represents persons employed in such production, purchase or sale or an association that includes such trade unions; (d) a person who is engaged in the production or sale of any goods produced in Canada that are used in the production of like goods in relation to any goods that are the subject of an investigation, or a trade union that represents persons employed in such production or sale or an association that includes such trade unions; (e) a person who is acting on behalf of a person referred to in any of paragraphs (a) to (d) or a trade union or association referred to in any of paragraphs (b) to (d); (f) a person who is required or authorized by any Act of Parliament or of the legislature of a province to make representations to the Tribunal on the question referred to in subsection 45(6) of the Act; (g) a person who is a user of any goods that are like goods in relation to any goods that are the subject of an investigation, or a trade union that represents persons employed by such a user or an association that includes such trade unions; or (h) an association whose purpose includes to advocate for consumer interests in Canada. SOR/2000-138, s. 8; SOR/2018-88, s. 6
Special Import Measures Regulations — 42
42 For the purposes of subsection 89(1) and section 95 of the Act, a person referred to in paragraphs 41(a) to (c) of these Regulations is a person interested in the question as to which of two or more persons is the importer in Canada where that question arises under the Act.
Special Import Measures Regulations — 43
43 The fees that are payable under section 83 of the Act for the copying of information, and the fees that are payable for the copying of information that is disclosed under subsection 84(3) of the Act, shall be as follows: (a) for photocopying a page with the dimensions of not more than 21.5 cm by 35.5 cm, $0.20 per page; (b) for microfiche duplication, non-silver, $0.40 per fiche; (c) for 16 mm microfilm duplication, non-silver, $12 per 30.5 mm roll; (d) for 35 mm microfilm duplication, non-silver, $14 per 30.5 mm roll; (e) for microform-to-paper duplication, $0.25 per page; (f) for magnetic tape-to-tape duplication, $25 per 731.5 mm reel; (g) for personal computer magnetic diskette duplication, $2 per diskette (all sizes); and (h) for compact disk duplication, $20 per disk. SOR/89-578, s. 1; SOR/2000-138, s. 9
Special Import Measures Regulations — 44
44 (1) Subject to subsection (2) and section 45, where an amount that is used or taken into account for any purpose in the administration or enforcement of the Act is expressed in the currency of a country other than Canada, the equivalent dollar value of that amount shall be calculated by multiplying that other currency amount by the prevailing rate of exchange referred to in section 5 of the Currency Exchange for Customs Valuation Regulations in respect of that currency for the date of sale. (2) Where a sale of foreign currency on forward markets is directly linked to the export sale to an importer in Canada, the rate of exchange that was used in the forward sale of currency shall be used in place of the rate of exchange referred to in subsection (1). SOR/95-26, s. 13
Special Import Measures Regulations — 45
45 Where sufficient information has not been furnished or is not available at the time goods have been released from customs possession or entered for warehouse, whichever is the earlier, to enable the calculation under section 44 to be made on the basis of the date of sale, the date of shipment to Canada shall be used in place of the date of sale for the purpose of that section.
Special Import Measures Regulations — 46
46 Where a manufacturer, producer or exporter of goods of the United States files a request for re-determination, the manufacturer, producer or exporter is hereby prescribed for the purposes of subsection 59(4) of the Act. SOR/89-63, s. 3
Special Import Measures Regulations — 47
47 For the purposes of subsections 56(1.01) and (1.1), 58(1.1) and (2) and 70(1) to (3) of the Act, a request for a re-determination shall be delivered to the Canada Border Services Agency at the address specified on its website. SOR/89-63, s. 3; SOR/92-590, s. 3; SOR/95-26, s. 14; SOR/96-255, s. 24; SOR/2000-138, ss. 14, 15; SOR/2015-27, s. 6; SOR/2018-88, s. 7
Special Import Measures Regulations — 48
48 For the purposes of subsections 56(1.1) and 58(2) of the Act, the information to accompany a request for a re-determination shall be (a) a statement setting out the grounds on which the determination or re-determination is contested; (b) a statement setting out the facts on which the request for re-determination is based; (c) evidence in support of the facts referred to in paragraph (b); and (d) where the request for re-determination is made by the importer of the goods, a copy of (i) the documentation used in accounting for the goods under subsection 32(1), (3) or (5) of the Customs Act , and (ii) where the goods were released prior to accounting, the documentation used in making an interim accounting for the goods under subsection 32(2) of the Customs Act , if different from the documentation referred to in subparagraph (i). SOR/89-63, s. 3; SOR/92-236, s. 6(E)
Special Import Measures Regulations — 49
49 For the purposes of subsections 56(1.1), 58(2) and 59(4) and (5) of the Act, the Department of State of the United States is the prescribed department of the United States government. SOR/89-63, s. 3
Special Import Measures Regulations — 50
50 For the purposes of subsection 59(3.1) of the Act, a manufacturer, producer or exporter of goods of a CUSMA country who filed a request for a re-determination is a prescribed person. SOR/94-20, s. 3 SOR/2020-65, s. 7
Special Import Measures Regulations — 52
52 For the purposes of subsections 56(1.01) and 58(1.1) of the Act, a request for a re-determination shall be accompanied by (a) a statement setting out the grounds on which the determination or re-determination is contested; (b) a statement setting out the facts on which the request for re-determination is based; (c) evidence in support of the facts referred to in paragraph (b); and (d) where the request for the re-determination is made by the importer of the goods, a copy of (i) the documentation used in accounting for the goods under subsection 32(1), (3) or (5) of the Customs Act , and (ii) where the goods were released prior to accounting, the documentation used in making an interim accounting for the goods under subsection 32(2) of the Customs Act , if that documentation is different from the documentation referred to in subparagraph (i). SOR/94-20, s. 3
Special Import Measures Regulations — 52.1
52.1 For the purposes of subsections 70(1) to (3) of the Act, a request for a re-determination shall be accompanied by (a) a statement that identifies which scope ruling the requester considers applicable to the imported goods; (b) arguments to support the requester’s position that the scope ruling applies to the imported goods, along with a statement of facts in support of those arguments; (c) evidence in support of those arguments and facts; and (d) if the requester is the importer of the goods, a copy of (i) the documentation used in accounting for the goods under subsection 32(1), (3) or (5) of the Customs Act , and (ii) for goods that were released prior to accounting, any documentation that was used in making an interim accounting for the goods under subsection 32(2) of the Customs Act that is different from the documentation referred to in subparagraph (i). SOR/2018-88, s. 9
Special Import Measures Regulations — 52.2
52.2 For the purpose of subsection 60.1(2) of the Act, the notice of a re-determination is to be published on the website of the Canada Border Services Agency no later than 15 days after the day on which the re-determination was made. SOR/2018-88, s. 9
Special Import Measures Regulations — 52.3
52.3 (1) For the purpose of subsection 61(1.1) of the Act, interested person means any person who, in the opinion of the Tribunal, has a substantial interest in the matter and any person who (a) in respect of an appeal of a re-determination, is a domestic producer of like goods in relation to goods that are subject to the applicable order of the Governor in Council or order or finding of the Tribunal; and (b) in respect of an appeal of a scope ruling or an amendment to a scope ruling, provided information to the President for the purpose of either the proceeding that resulted in the scope ruling or the review that resulted in the amendment, or both. (2) For the purpose of subsection 63(1) of the Act, interested person means (a) any person who is, or may become, (i) an importer of goods that are or could be subject to the applicable order of the Governor in Council, order or finding of the Tribunal or undertaking, or (ii) an exporter of such goods; (b) a foreign producer of such goods; (c) a domestic producer of like goods in relation to goods that are subject to the applicable order, finding or undertaking; or (d) any person who, in the opinion of the President, has a substantial interest in the matter. (3) For the purpose of subsection 67(4) of the Act, interested person means any person who provided information to the President for the purpose of the review of the scope ruling. SOR/2018-88, s. 9
Special Import Measures Regulations — 53
53 For the purposes of the definition government of a CUSMA country in subsection 2(1) of the Act, the following are prescribed departments for the purposes of subsections 56(1.01), 58(1.1), 59(3.1) and 70(1) to (3) of the Act: (a) in respect of the United States, the Department of State; and (b) in respect of Mexico, the Secretaría de Economía (Secretariat of Economy). SOR/94-20, s. 3; SOR/2018-88, s. 10 SOR/2020-65, s. 8
Special Import Measures Regulations — 54
54 For the purposes of the Act, (a) the Federal Register is deemed to be the official publication of the United States; and (b) the Diario Oficial de la Federación is deemed to be the official publication of Mexico. SOR/94-20, s. 3
Special Import Measures Regulations — 54.2
54.2 For the purpose of subsection 63(4) of the Act, the President shall reject an application for a scope ruling if the application is incomplete or there is a scope ruling that applies to the goods for which the ruling is applied for. SOR/2018-88, s. 12
Special Import Measures Regulations — 54.3
54.3 For the purpose of subsection 63(5) of the Act, the President may reject an application for a scope ruling if any of the following circumstances apply: (a) the goods for which the ruling is applied for have not been produced as of the day on which the application is received; (b) the basis for which the ruling is applied for is the subject of a proceeding before the President, 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) following a decision setting out a finding of circumvention, the Tribunal makes an amending order referred to in section 75.3 of the Act that applies to the goods for which the ruling is applied for; (d) a 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, applies to the ruling that is applied for; and (e) in the opinion of the President, the application is frivolous, vexatious or made in bad faith. SOR/2018-88, s. 12
Special Import Measures Regulations — 54.4
54.4 For the purpose of subsection 66(2) of the Act, the President may extend the period for making a scope ruling to 210 days if any of the following circumstances apply: (a) the issues presented by the scope proceeding are complex or novel; (b) it is difficult to obtain satisfactory evidence or to assess the accuracy of evidence; and (c) it is difficult to consider the information and evidence in light of the variety of goods in respect of which the scope proceeding has been initiated, the number of persons involved in the proceeding or any unusual difficulties. SOR/2018-88, s. 12
Special Import Measures Regulations — 54.5
54.5 For the purpose of subsection 66(3) of the Act, the President may terminate a scope proceeding if any of the following circumstances apply: (a) the President is unable to obtain necessary evidence or assess the accuracy of evidence; (b) in the opinion of the President, there are no grounds for making the scope ruling; (c) there is a scope ruling that applies to the goods in respect of which the scope proceeding has been initiated; and (d) a circumstance referred to in any of paragraphs 54.3 (b) to (d) arises after the initiation of the proceeding. SOR/2018-88, s. 12