G/ADP/Q1/CAN/17  
G/SCM/Q1/CAN/17  
 
11 October 2016  
(16-5452) Page: 1/2 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
 Original: English  
 
NOTIFICATION OF LAWS  AND REGULATIONS  
UNDER ARTICLE S 18.5 AND 32.6 OF THE AGREEMENT S 
REPLIES TO  QUESTION S POSED BY THE UNITED STATES1 
REGARDING THE NOTIFICATION OF CANADA2 
The followi ng communication, dated 10 October  2016, is being circulated at the reques t of the 
Delegation of Canada . 
 
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Question 1  
 
In Canada 's introduction to its communication, it states that changes to the Special 
Import Measures Act (hereinafter "Act") now result in investigations proceeding to a 
final determination even  where a preliminary determination finds "a negligible volume 
of dumped or subsidized goods ", but that an investigation will be terminated at the 
preliminary stage where "the total volume of subject goods from the subject country or 
countries " is negligibl e. Amended Section  35(1)(a) of the Act states that an 
investigation will be terminated at the preliminary stage where the President is satisfied 
that "the actual or potential volume " of goods is negligible.  
 
a. Please confirm whether amended Section 35 provid es that an investigation will be 
terminated where a preliminary determination finds that actual or potential 
volume of dumped or subsidized goods is negligible.  
 
Reply  
 
Following the amendments to the Special Import Measures Act, an investigation will be t erminated 
where a preliminary determination finds that the total volume of subject goods from a subject 
country or countries is negligible. Since the margin of dumping or amount of subsidy is definitively 
determined at the final determination stage, the vo lume of dumped and/or subsidized goods 
cannot be known until the final determination stage. Canada therefore determines whether the 
actual or potential volume of dumped or subsidized goods is negligible at the final determination 
stage.   
 
b. If the Act will not provide for such termination, please explain how such provisions 
are consistent with Articles 5.8 of the Agreement on Implementation of Article VI 
of the General Agreement on Tariffs and Trade 1994 (AD Agreement) and 
Article  11.9 of the Agreement on Su bsidies a nd Countervailing Measures 
(SCM  Agreement), which require "immediate termination " of investigations 
where authorities determine that the "actual or potential " volume of dumped or 
subsidized imports is negligible.  
 
                                                
1 G/ADP/Q1/CAN/16 -G/SCM/Q1/CAN/16.   
2 G/ADP/N/1/CAN/4/Suppl.1 -G/SCM/N/1/CAN/4/Suppl.1 (dated 23  August 2016).  G/ADP/Q1/CAN /17 • G/SCM/Q1/CAN/17  
 
- 2 - 
 
  Reply  
 
Since the actual or potent ial volume of dumped or subsidized goods is not definitively determined 
until the final determination stage, the negligibility test at the preliminary determination stage is 
conducted using the total volume of imports from the subject country or countries.  It is not 
possible to assess the negligibility of dumped and/or subsidized goods prior to definitively 
determining the margin of dumping or amount of subsidy at the final determination stage. As 
such, Article 5.8 of the AD Agreement and Article 11.9 of th e SCM Agreement are met by 
immediately terminating the investigation at the preliminary determination if the total volume of 
goods is negligible, and at the final determination if the actual or potential volume of dumped or 
subsidized imports is negligible .   
 
Question 2  
 
New subsection 76.03(2) of the Act states that, "the Tri bunal shall, not later than 
two months before the expiry date of the order or finding under that subsection, cause 
to be published in the Canada Gazette a notice of expiry setting out  the information 
specified in the rules of the Tribunal ".   
 
a. Please explain whether this notice of expiry is the Tribunal 's notification of 
pending expiry of an order or the deadline by which the Tribunal must issue its 
decision with regard to initiation o f an expiry review of the order.  
 
Reply  
 
The Tribunal 's notice of expiry is the notification of pending expiry of an order. The notice sets out 
the timelines and procedures for interested parties to participate in the Tribunal 's expiry 
proceedings, which determine whether an expiry review will be conducted or whether the measure 
will expire on the five year anniversary of the measure.  
 
b. Please explain how the revised timeline for notification of expiry, or initiation of an 
expiry review, will affect the ti me allotted for parties to submit their views prior 
to the Tribunal 's determination with regard to initiation of an expiry review.  
 
Reply  
 
No changes have been made to the Tribunal 's expiry proceedings. Expiry proceedings continue to 
be conducted over a 50  day period, with submissions from parties requesting or opposing the 
initiation of an expiry review due on day 25, and reply submissions due on day 35.   
 
c. Will the notice(s) referenced above also be available on the Tribunal 's public 
website?  
 
Reply  
 
The expiry notice is published in Part I of the Canada Gazette  and is also posted on the Tribunal 's 
Web site.  
 
 
 
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