Special Import Measures Act — S-15 2
f sovereign states of which that country is a member; ( gouvernement ) government of a CUSMA country means a prescribed department, agency or other body of the government of a CUSMA country; ( gouvernement d’un pays ACEUM ) government of a NAFTA country [Repealed, 2020, c. 1, s. 72] importer , in relation to any goods, means the person who is in reality the importer of the goods; ( importateur ) injury means material injury to a domestic industry; ( dommage ) insignificant means, (a) in relation to a margin of dumping, a margin of dumping that is less than two per cent of the export price of the goods, and (b) in relation to an amount of subsidy, an amount of subsidy that is less than one per cent of the export price of the goods; ( minimale ) like goods , in relation to any other goods, means (a) goods that are identical in all respects to the other goods, or (b) in the absence of any goods described in paragraph (a), goods the uses and other characteristics of which closely resemble those of the other goods; ( marchandises similaires ) margin of dumping , in relation to any goods, means, subject to sections 30.2 and 30.3, the amount by which the normal value of the goods exceeds the export price of the goods; ( marge de dumping ) material injury [Repealed, 1994, c. 47, s. 144] member [Repealed, R.S., 1985, c. 47 (4th Supp.), s. 52] Minister means the Minister of Public Safety and Emergency Preparedness; ( ministre ) NAFTA country [Repealed, 2020, c. 1, s. 72] negligible means, in respect of the volume of goods of a country, less than 3% of the total volume of goods that are released into Canada from all countries and that are of the same description as the goods. However, if the total volume of goods of three or more countries — each of whose exports of goods into Canada is less than 3% of the total volume of goods that are released into Canada from all countries and that are of the same description — is more than 7% of the total volume of goods that are released into Canada from all countries and that are of the same description, the volume of goods of any of those countries is not negligible; ( négligeable ) non-actionable subsidy means (a) a subsidy that is not specific as determined pursuant to subsections (7.1) to (7.4), (b) a subsidy for (i) industrial research assistance, (ii) pre-competitive development assistance, (iii) assistance to disadvantaged regions, (iv) assistance for the adaptation of existing facilities to new environmental standards, or (v) assistance for research activities conducted by institutions of higher education and independent research establishments, that meets the prescribed criteria, or (c) subject to subsection (1.4), a domestic support measure for an agricultural product listed in Annex 1 of the Agreement on Agriculture, being part of Annex 1A to the WTO Agreement, that conforms to the provisions of Annex 2 to the Agreement on Agriculture; ( subventions ne donnant pas lieu à une action ) normal value means normal value determined in accordance with sections 15 to 23 and 29 and 30; ( valeur normale ) North American Free Trade Agreement [Repealed, 2020, c. 1, s. 72] order or finding , in relation to the Tribunal, (a) means an order or finding made by the Tribunal under section 43 or 44 that has not been rescinded under any of sections 76.01 to 76.1 and subsection 91(3) but, if the order or finding has been amended one or more times under any of section 75.3 , subsections 75.4 (8) and 75.6 (7) and sections 76.01 to 76.1, as it was last amended, and (b) includes, for the purposes of sections 3 to 6 and 76 to 76.1, an order or finding made by the Tribunal under subsection 91(3) that has not been rescinded under any of sections 76.01 to 76.1 but, if the order or finding has been amended one or more times under any of section 75.3 , subsections 75.4 (8) and 75.6 (7) and sections 76.01 to 76.1, as it was last amended; ( ordonnance ou conclusions ) person includes a partnership and an association; (