GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Special Import Measures Act — S-15 13.2
Request for review 13.2 (1) An exporter to Canada or producer of any goods to which an order or finding referred to in subsection 3(1) applies may request that the President review the normal value, export price or amount of subsidy in relation to those goods if the exporter or producer (a) establishes that they are not associated with any exporter who is in the same country as the goods that are subject to the order or finding and who had been given notice under subparagraph 34(1)(a)(i); and (b) has not (i) been given notice under subparagraph 34(1)(a)(i), paragraph 38(3)(a) or subsection 41(3) in respect of the goods, or (ii) been requested to provide information in relation to those goods or in relation to any goods that are of the same description as those goods for the purposes of this Act. Request for review (1.1) An exporter to Canada of any goods to which an order or finding referred to in subsection 3(1.1) or (1.2) applies may request that the President review the normal value, export price or amount of subsidy in relation to those goods if the exporter has not been requested to provide information in relation to those goods, or in relation to any goods that are of the same description as those goods for the purposes of this Act, for the purposes of determining their normal value, export price or amount of subsidy. Form of request (2) A request under subsection (1) or (1.1) shall be made in the prescribed manner and form and shall contain the prescribed information. Review (3) If the President receives a request under subsection (1), the President shall initiate a review, on an expedited basis, of the normal value, export price or amount of subsidy, as the case may be, and shall, on completion of the review, either confirm or amend the value, price or amount. Review (3.1) If the President receives a request under subsection (1.1), the President shall initiate a review of the normal value, export price or amount of subsidy in respect of goods to which an order or finding referred to in subsection 3(1.1) or (1.2) applies, as the case may be. Posting of security (4) An importer of goods that are of the same description as any goods to which a review under subsection (3) applies and that are released during the period beginning on the day the review is initiated and ending on the day on which the President completes the review shall, within the time prescribed under the Customs Act for the payment of duties, post, or cause to be posted, security in the prescribed manner and form and in an amount, or of a value, equal to the margin of dumping of, or amount of subsidy on, the goods. Confirmation, etc., deemed to be a re-determination (5) A confirmation or amendment of a normal value, export price or amount of subsidy under subsection (3) is, for the purposes of paragraph 57(b), deemed to be a re-determination of a normal value, export price or amount of subsidy, as the case may be, by a designated officer referred to in that paragraph. 1994, c. 47, s. 151; 1999, c. 12, s. 6, c. 17, ss. 183, 184; 2001, c. 25, s. 95; 2005, c. 38, ss. 134, 136(F); 2017, c. 20, s. 74
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Exemption of goods from application of Act 14 (1) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations exempting any goods or class of goods from the application of this Act. Exemption of goods of Chile from application of Act (2) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations exempting any goods or class of goods of Chile from the application of this Act or any of its provisions. The exemption may be in respect of the dumping of those goods or that class. Duration and conditions (3) Regulations made under subsection (2) may specify the period during which the exemption applies and make it subject to conditions. R.S., 1985, c. S-15, s. 14; 1997, c. 14, s. 89
Special Import Measures Act — S-15 15
Determination of normal value of goods 15 Subject to sections 19 and 20, where goods are sold to an importer in Canada, the normal value of the goods is the price of like goods when they are sold by the exporter of the first mentioned goods (a) to purchasers (i) with whom the exporter is not associated at the time of the sale of the like goods, and (ii) who are at the same or substantially the same trade level as the importer, (b) in the same or substantially the same quantities as the sale of goods to the importer, (c) in the ordinary course of trade for use in the country of export under competitive conditions, (d) during such period of sixty days that ends in the interval commencing with the first day of the year preceding the date of the sale of the goods to the importer and ending on the fifty-ninth day after such date as is selected by the President or, where, in the opinion of the President, the nature of the trade in those goods or the fact that they are sold to the importer for future delivery requires that sales of like goods by the exporter during a period other than a period of sixty days that ends in that interval be taken into account, during such period of sixty days or longer (i) that precedes the date of the sale of the goods to the importer, or (ii) where the goods are sold to the importer for future delivery, that precedes the date of the sale of the goods to the importer or within the year that precedes the date of the delivery of the goods to the importer as the President specifies for those goods or for goods of the class to which those goods belong, and (e) at the place from which the goods were shipped directly to Canada or, if the goods have not been shipped to Canada, at the place from which the goods would be shipped directly to Canada under normal conditions of trade, adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, in taxation and other differences relating to price comparability between the goods sold to the importer and the like goods sold by the exporter. R.S., 1985, c. S-15, s. 15; 1999, c. 17, s. 183; 2005, c. 38, s. 134
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elling price of like goods sold by the exporter during that period is less than the average cost of those like goods, and (iii) the sale is made at a price per unit that is not greater than the average cost of all like goods sold during that period; and (c) any sale of like goods for use in the country of export by the exporter to a purchaser if, in the opinion of the President, a particular market situation exists which does not permit a proper comparison with the sale of the goods to the importer in Canada. Paragraph (2)(c) (2.1) For the purposes of paragraph (2)(c), a particular market situation may be found to exist in respect of any goods of a particular exporter or of a particular country, as is appropriate in the circumstances. Meaning of cost (3) For the purposes of paragraph (2)(b), cost means, in relation to goods, the cost of production of the goods and the administrative, selling and all other costs with respect to the goods. R.S., 1985, c. S-15, s. 16; 1994, c. 47, s. 153; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2017, c. 20, s. 75
Special Import Measures Act — S-15 17
Price of like goods 17 In determining the normal value of any goods under section 15, the price of like goods when sold by the exporter to purchasers during the period referred to in paragraph 15(d) in a sale or sales that comply with the terms and conditions referred to in section 15 or with those terms and conditions that apply by virtue of subsection 16(1) is, at the option of the President in any case or class of cases, except a case or class of cases to which subsection 30.2(3) applies, (a) the weighted average of the prices at which like goods were sold by the exporter to purchasers during that period; or (b) the price at which like goods were sold by the exporter in any sale during that period where, in the opinion of the President, the price is representative of the prices at which like goods were sold during that period. R.S., 1985, c. S-15, s. 17; 1994, c. 47, s. 154; 1999, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 18
Goods deemed to be like goods 18 Where goods imported into Canada and goods sold for use in the country of export are like goods except only that the goods sold for such use have applied to them a trademark, as defined in the Trademarks Act , that is not applied to the goods imported into Canada, and goods like the goods imported are not sold for use in the country of export, the goods imported and the goods sold for such use shall be deemed to be like goods for the purposes of this section if, in the opinion of the President, (a) the goods are being imported into Canada without that trademark applied to them in order to avoid the operation of section 15; and (b) it is probable that there will be applied to the goods, subsequent to their importation into Canada, that trademark or any other mark so closely resembling that trademark that it is likely to be taken therefor. R.S., 1985, c. S-15, s. 18; 1999, c. 17, s. 183; 2005, c. 38, s. 134 2014, c. 20, s. 366(E)
Special Import Measures Act — S-15 19
Where normal value cannot be determined under section 15 19 Subject to section 20, where the normal value of any goods cannot be determined under section 15 by reason that there was not, in the opinion of the President, such a number of sales of like goods that comply with all the terms and conditions referred to in that section or that are applicable by virtue of subsection 16(1) as to permit a proper comparison with the sale of the goods to the importer, the normal value of the goods shall be determined, at the option of the President in any case or class of cases, as (a) such price of like goods when sold by the exporter to importers in any country other than Canada during the period referred to in paragraph 15(d) as, in the opinion of the President, fairly reflects the market value of the goods at the time of the sale of the goods to the importer in Canada, adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, in taxation and other differences relating to price comparability between the goods sold to the importer in Canada and the like goods sold by the exporter to importers in the country other than Canada; or (b) the aggregate of (i) the cost of production of the goods, (ii) a reasonable amount for administrative, selling and all other costs, and (iii) a reasonable amount for profits. R.S., 1985, c. S-15, s. 19; 1994, c. 47, s. 155; 1999, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 20
Normal value where export monopoly 20 (1) Where goods sold to an importer in Canada are shipped directly to Canada (a) from a prescribed country where, in the opinion of the President, domestic prices are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market, or (b) from any other country where, in the opinion of the President, (i) the government of that country has a monopoly or substantial monopoly of its export trade, and (ii) domestic prices are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market, the normal value of the goods is (c) where like goods are sold by producers in any country other than Canada designated by the President for use in that country, (i) the price of the like goods at the time of the sale of the goods to the importer in Canada, adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, in taxation and other differences relating to price comparability between the goods sold to the importer in Canada and the like goods sold by producers in the country other than Canada designated by the President for use in that country, or (ii) the aggregate of (A) the cost of production of the like goods, (B) a reasonable amount for administrative, selling and all other costs, and (C) a reasonable amount for profits, whichever of the price or aggregate the President designates for any case or class of cases; or (d) where, in the opinion of the President, sufficient information has not been furnished or is not available to enable the normal value of the goods to be determined as provided in paragraph (c), the price of like goods (i) produced in any country designated by the President, other than Canada or the country from which the goods were shipped directly to Canada, and (ii) imported into Canada and sold by the importer thereof in the condition in which they were imported to a person with whom, at the time of the sale, the importer was not associated, such price to be adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, in taxation and other differences relating to price comparability between the goods sold to the importer and the imported like goods in relation to their sale by the importer thereof. Limitation (2) The President may not designate a country under paragraph (1)(d) if (a) the like goods of that country are also the subject of investigation under this Act, unless the President is of the opinion that those goods are not dumped goods; or (b) in the opinion of the President, the price of the like goods imported into Canada has been significantly influenced by a country described in paragraphs (1)(a) and (b). R.S., 1985, c. S-15, s. 20; 1994, c. 47, s. 156; 1999, c. 12, s. 7, c. 17, ss. 183, 184; 2002, c. 19, s. 16; 2005, c. 38, s. 134
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Credit sales of like goods 21 (1) Where any sale of like goods referred to in section 17, paragraph 19(a), subparagraph 20(1)(c)(i) or paragraph 20(1)(d) was made on credit terms other than cash discounts, the price for which the like goods were sold is deemed, for the purpose of that provision, to be an amount equal to the quotient obtained when (a) the aggregate of the present value of every payment of principal or interest, or of principal and interest, provided for by any agreement entered into with respect to the sale, determined (i) as of the time of the sale, and (ii) by reference to a discount rate equal to (A) the interest rate prevailing in the country in which the goods were sold, at the time of the sale, for commercial loans available in that country in the currency in which the payments are expressed in the agreement and on terms, other than the interest rate, comparable to the credit terms on which the sale of the like goods was made, or (B) where it is not possible to ascertain the interest rate referred to in clause (A) or there is no such interest rate, the interest rate selected as provided for by regulations made pursuant to paragraph 97(i), is divided by (b) the number or quantity of the like goods sold, so as to arrive at a unit price for the like goods sold. Adjustment of unit price (1.1) The unit price arrived at under subsection (1) shall be adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, taxation and other matters that relate to price comparability between the goods sold to the importer in Canada and the like goods sold. Where agreement relates to several goods (2) For the purpose of paragraph (1)(a), where an agreement with respect to the sale of like goods also relates to the sale of other goods, only such portion of the present value of any payment of principal or interest, or of principal and interest, provided for by the agreement as is reasonably attributable to the like goods shall be included in determining the aggregate referred to in that paragraph. R.S., 1985, c. S-15, s. 21; 1999, c. 12, s. 8
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Purchasers to be regarded as one 22 For the purpose of section 15, where two or more purchasers are persons associated with each other during the period that, by reason of the operation of paragraph 15(d), is relevant for the purpose of that section, those purchasers shall be regarded as a single purchaser. 1984, c. 25, s. 22
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Where exporter provides benefit on resale in country of export 23 Where, by reason of any provision of section 17, 19 or 20, the normal value of goods sold to an importer in Canada is required to be determined by reference to the price of like goods sold by the exporter of the first mentioned goods and the exporter agrees with persons who purchase the like goods from him in the country of export of the goods sold to the importer in Canada to provide, directly or indirectly, to persons who purchase the like goods in the country of export (a) on resale from the persons with whom such an agreement is made, or (b) from any person on any subsequent resale, any benefit by way of rebate, service, other goods or otherwise, the normal value for the purposes of this Act of the goods sold to the importer in Canada is the normal value as determined pursuant to that provision minus an amount to reflect the value of the benefit to persons who purchase the like goods on resale. 1984, c. 25, s. 23
Special Import Measures Act — S-15 23.1
Costs during start-up period 23.1 Where, in calculating the normal value of any goods, the investigation period includes a start-up period of production, the cost of production of the goods and the administrative, selling and all other costs with respect to the goods for that start-up period of production shall be determined in the prescribed manner. 1994, c. 47, s. 157
Special Import Measures Act — S-15 24
Determination of export price of goods 24 The export price of goods sold to an importer in Canada, notwithstanding any invoice or affidavit to the contrary, is an amount equal to the lesser of (a) the exporter’s sale price for the goods, adjusted by deducting therefrom (i) the costs, charges and expenses incurred in preparing the goods for shipment to Canada that are additional to those costs, charges and expenses generally incurred on sales of like goods for use in the country of export, (ii) any duty or tax imposed on the goods by or pursuant to a law of Canada or of a province, to the extent that the duty or tax is paid by or on behalf or at the request of the exporter, and (iii) all other costs, charges and expenses resulting from the exportation of the goods, or arising from their shipment, from the place described in paragraph 15(e) or the place substituted therefor by virtue of paragraph 16(1)(a), and (b) the price at which the importer has purchased or agreed to purchase the goods, adjusted by deducting therefrom all costs, charges, expenses, duties and taxes described in subparagraphs (a)(i) to (iii). 1984, c. 25, s. 24
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sale of the goods as assembled, packaged or otherwise further manufactured or of the goods into which the imported goods have been incorporated, or (e) in any cases not provided for by paragraphs (c) and (d), the price determined in such manner as the Minister specifies. No deduction (2) No deduction for duties imposed by virtue of this Act may be made under (a) subparagraph (1)(c)(i), in the case of an export price determined under paragraph (1)(c), or (b) subparagraph (1)(d)(v), in the case of an export price determined under paragraph (1)(d), where, in the opinion of the President, the export price determined under either of those paragraphs without making such a deduction is equal to or greater than the normal value of the goods. R.S., 1985, c. S-15, s. 25; 1994, c. 47, s. 158; 1999, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 26
Export price where agreement affects anti-dumping duty 26 Where the manufacturer, producer, vendor or exporter of goods sold to an importer in Canada undertakes, directly or indirectly in any manner whatever, to indemnify, pay on behalf of or reimburse the importer or purchaser in Canada of the goods for all or any part of the anti-dumping duty that may be levied on the goods, (a) the indemnity, payment or reimbursement is deemed not to be a compensatory arrangement referred to in subparagraph 25(1)(b)(ii); and (b) the export price of the goods is the export price thereof as otherwise determined under this Act minus the amount of the indemnity, payment or reimbursement. R.S., 1985, c. S-15, s. 26; 1999, c. 12, s. 9
Special Import Measures Act — S-15 27
Credit sales of goods sold to importer in Canada 27 (1) For the purposes of sections 24 and 25, where any sale of goods referred to in those sections was made on credit terms other than cash discounts, the sale price for the goods is deemed to be an amount equal to the quotient obtained when (a) the aggregate of the present value of every payment of principal or interest, or of principal and interest, provided for by any agreement entered into with respect to the sale, determined (i) as of the time of the sale, and (ii) by reference to a discount rate equal to (A) the interest rate prevailing, at the time of the sale, in the country in which the vendor is located for commercial loans available in that country in the currency in which the payments are expressed in the agreement and on terms, other than the interest rate, comparable to the credit terms on which the sale of the goods was made, or (B) where it is not possible to ascertain the interest rate referred to in clause (A) or there is no such interest rate, the interest rate selected as provided for by regulations made pursuant to paragraph 97(j), is divided by (b) the number or quantity of the goods sold, so as to arrive at a unit price for the goods sold. Adjustment of unit price (1.1) The unit price arrived at under subsection (1) shall be adjusted in the prescribed manner and circumstances. Where agreement relates to several goods (2) For the purpose of paragraph (1)(a), where an agreement with respect to the sale of goods referred to in section 24 or 25 also relates to the sale of other goods, only such portion of the present value of any payment of principal or interest, or of principal and interest, provided for by the agreement as is reasonably attributable to the goods referred to in section 24 or 25, as the case may be, shall be included in determining the aggregate referred to in that paragraph. R.S., 1985, c. S-15, s. 27; 1999, c. 12, s. 10
Special Import Measures Act — S-15 28
Where exporter provides benefit on resale in Canada 28 For the purposes of sections 24 and 25, where the exporter of goods sold to an importer in Canada agrees with the importer to provide, directly or indirectly, to persons who purchase the goods in Canada (a) on resale from the importer, or (b) from any person on any subsequent resale, any benefit by way of rebate, service, other goods or otherwise, the export price of the goods is the export price as otherwise determined under this Act, after subtracting therefrom any amount that is required to be subtracted under section 26, minus an amount to reflect the value of the benefit to persons who purchase the goods on resale. 1984, c. 25, s. 28
Special Import Measures Act — S-15 29
Normal value and export price where information not available 29 (1) Where, in the opinion of the President, sufficient information has not been furnished or is not available to enable the determination of normal value or export price as provided in sections 15 to 28, the normal value or export price, as the case may be, shall be determined in such manner as the Minister specifies. Consignment shipments (2) Where goods are or are to be shipped to Canada on consignment and there is no known purchaser in Canada of the goods, the normal value and export price of the goods shall be determined in such manner as the Minister specifies. R.S., 1985, c. S-15, s. 29; 1999, c. 17, s. 183; 2005, c. 38, s. 134