Special Import Measures Act — S-15 38
Preliminary determination of dumping or subsidizing 38 (1) Subject to section 39, after the sixtieth and on or before the ninetieth day after the initiation of an investigation under section 31, the President shall make a preliminary determination of dumping or subsidizing with respect to the goods in respect of which the investigation has not been terminated under section 35 after estimating and specifying, in relation to each exporter of goods in respect of which the investigation is made, as follows: (a) in the case of dumped goods, (i) estimating the margin of dumping of the goods to which the preliminary determination applies, using the information available to the President at the time the estimate is made, and (ii) specifying the goods to which the preliminary determination applies; (b) in the case of subsidized goods, (i) estimating the amount of subsidy on the goods to which the preliminary determination applies, using the information available to the President at the time the estimate is made, (ii) specifying the goods to which the preliminary determination applies, and (iii) subject to subsection (2), where the whole or any part of the subsidy on the goods to which the preliminary determination applies is a prohibited subsidy, specifying that there is a prohibited subsidy on the goods and estimating the amount of the prohibited subsidy thereon; and (c) in the case of dumped or subsidized goods, specifying the name of the person the President believes, on the information available to the President at the time the President makes the estimate referred to in subparagraph (a)(i) or (b)(i), as the case may be, is the importer in Canada of the goods. Insignificant margin or amount (1.1) The President may in making a preliminary determination under subsection (1), using the information available to him or her at that time, make the determination that the margin of dumping of, or the amount of subsidy on, any goods of a particular exporter is insignificant. Deeming provision (1.2) For the purposes of a preliminary determination, if the President determines that the margin of dumping or the amount of subsidy is equivalent to 0% of the export price of the goods, then that margin or amount is considered to be insignificant and the investigation in respect of those goods continues. Exception (2) The President shall not specify or estimate anything pursuant to subparagraph (1)(b)(iii) where the President is of the opinion that, having regard to the country that is providing the export subsidy, the nature of the goods on which there is an export subsidy 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 preliminary determination (3) Where the President makes a preliminary determination under subsection (1), the President shall (a) cause notice of the determination to be given and published as provided in paragraph 34(1)(a); and (b) cause to be filed with the Tribunal written notice of the determination, stating the reasons therefor, together with such other material relating to the determination as may be required under the rules of the Tribunal. R.S., 1985, c. S-15, s. 38; 1994, c. 47, ss. 166, 185; 1999, c. 12, s. 22, c. 17, ss. 183, 184; 2005, c. 38, s. 134; 2014, c. 20, s. 443; 2016, c. 7, s. 197; 2017, c. 20, s. 78