G/ADP/N/1/CAN/4/Suppl.1  
G/SCM/N/1/CAN/4/Suppl.1  
 
23 August 2016  
(16-4492) Page: 1/4 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
 Original: English  
 
 NOTIFICATION OF LAWS  AND REGULATIONS UNDE R 
ARTICLES 18.5 AND  32.6 OF THE AGREEMEN TS 
CANADA  
Supplement  
The following communication, dated 23 August 2016, is being circulated at the request of the 
Delegation of Canada.  
 
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Pursuant to Article 18.5 of the WTO Anti -Dumping Agreement and Article 32.6 of the 
WTO Agreement on Subsidies and Countervailing Measures, Canada hereby notifies the Committee 
on Anti -Dumping Practices and the Committee on Subsidies and Countervailing Measures of 
legislative amendments enacted through the Budget Implementation Act, 2016, no. 1 , which 
received Royal Assent on 22 June 2016.  
 
The Budget Implementation Act, 2016, no. 1  enacted two amendments to Canada 's main trade 
remedy legislation, the Special Import Measures Ac t (SIMA):  
 
1) Expiry Review Proceedings : Expiry review procee dings will now be initiated 
two months prior to the five year anniversary of a trade  remedy measure, instead of 
ten months prior.  The duration of expiry review proceedings has also been extended 
from eight to ten months.  In the case of a negative expiry review determination, any 
duties collected after the five year anniversary of the measure will be refunded.  
 
2) Preliminary Determinations : Trade remedy i nvestigations will now proceed to the 
final deter mination stage before being terminated on the basis of a finding of a de 
minimis  margin of dumping or amount of subsidy or a negligible volume of dumped or 
subsidized goods.  No provisional duties will be collected where a preliminary 
investigation finds a de minimis  margin of dumping or amount of subsidy.  An 
investigation will be terminated at the preliminary determination stage where the total 
volume of subject goods imported from the subject country or countries is found to be 
negligible.   
 
 
 
 G/ADP/N/1/CAN/4/Suppl.1 • G/SCM/N/1/CAN/4/Suppl.1  
 
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  BUDGET IMP LEMENTATION ACT OF 2 016, NO. 1  
PART 4 – DIVISION 10  
Special Import Measures Act  
192 
 
The definition  negligible  in subsection 2(1) of the Special Import Measures Act  is replaced by the 
following:  
 
negligible  means, in respect of the volume of goods of a cou ntry, 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 Canad a 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;  
 
193 
 
The Act is amended by adding the following after section 7.1:  
 
Return of duty  
 
7.2 If the Tribunal makes an order under paragraph 76.03(12)(a), the amount that was paid as 
anti-dumping or countervailing duties by or on an importer 's behalf shall be returned to the 
importer, in respect of goods that were released, five years after  
 
(a) the day on which the original order or finding was made under subsection 43(1), if no order 
continuing the order or finding that applies to those goods has been made under paragraph 
76.03(12)(b); or  
 
(b) the day on which the last order was made, if one or more orders continuing the order or 
finding have been made under paragraph 76.03(12)(b).  
 
194 
 
(1) The portion of subsection 8(1) of the Act before paragraph (a) is replaced by the following:  
 
Imposition of provisional duty  
 
8 (1) Subject to subsection (1.3), if the President makes a preliminary determination of dumping 
or subsidizing in an inves tigation under this Act and considers that the imposition of provisional 
duty is necessary to prevent injury, retardation or threat of injury, the importer in Canada of 
dumped or subsidized goods that are of the same description as any goods to which the 
preliminary determination applies and that are released during the period beginning on the day on 
which the preliminary determination is ma de and ending on the earlier of  
 
(2) The portion of subsection 8(1.1) of the Act before paragraph (a ) is replaced by the following:  
 
Imposition of provisional duties on referral back to Tribunal  
 
(1.1) Subject to subsection (1.3), if an order or finding of the Tribunal under subsection 43 (1), 
76.02(4) respecting a review under subsection 76.02(1), or 91(3), other than an order or finding 
described in any of sections 3 to 6, is referred back to the Tribunal under subsection 77.015(3) or 
(4) or 77.019(5), or under subsection 77.15(3) or (4) or 77.19(4), the importer of dumped or 
subsidized goods that are of the same description as any goods to which the order or finding 
applies and that are released during the period beginning on the day on which the preliminary G/ADP/N/1/CAN/4/Suppl.1 • G/SCM/N/1/CAN/4/Suppl.1  
 
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  determination is made under su bsection 38(1) and ending on the day on which the Tribunal makes 
an order or finding, on the referral back, with respect to goods of that description, shall, within the 
time prescribed under the Customs Act for the payment of duties, at the option of the i mporter,  
 
(3) The portion of subsection 8(1.2) of the Act before paragraph (a) is replaced by the following:  
 
Imposition of provisional duties on referral back from Federal Court of Appeal  
 
(1.2) Subject to subsection (1.3), if an order or finding of the Tribunal un der subsection 43(1), 
76.02(4) respecting a review under subsection 76.02(1), or 91(3), other than an order or finding 
described in any of sections 3 to 6, is referred back to the Tribunal by the Federal Court of Appeal, 
the importer of dumped or subsidize d goods that are of the same description as any goods to 
which the order or finding applies and that are released during the period beginning on the day on 
which the preliminary determination is made under subsection 38(1) and ending on the day on 
which th e Tribunal makes an order or finding, on the referral back, with respect to goods of that 
description, shall, within the time prescribed under the Customs Act for the payment of duties, at 
the option of the importer,  
 
(4) Section 8 of the Act is amended by  adding the following after subsection (1.2):  
 
Insignificant margin or amount  
 
(1.3) Subsections (1), (1.1) and (1.2) do not apply in respect of  
 
(a) goods of the same description as the goods specified in a preliminary determination in which 
the President  determines that the margin of dumping of the goods is insignificant; or  
 
(b)  goods of the same description as the goods specified in a preliminary determination in which 
the President determines that the amount of subsidy on the goods is insignificant.  
 
195 
 
Section 30.1 of the Act is replaced by the following:  
 
Determination of margin of dumping in respect of a country  
 
30.1 For the purposes of subsection 8(1.3), paragraph 35(1)(a), subparagraph 38(1)(a)(i), 
subsection 38(1.1), subparagraph 41(1)(a)(ii) and paragraphs 41.1(1)(a) and (2)(a), the margin 
of dumping in relation to goods of a particular country is the weighted average of the margins of 
dumping determined in accordance with section 30.2.  
 
196 
 
Paragraph 35(1)(a) of the Act is replaced by the fo llowing:  
 
(a) the President is satisfied in respect of some or all of those goods that the actual and potential 
volume of goods is negligible; or  
 
197 
 
(1) Subparagraph 38(1)(a)(i) of the English version of the Act is replaced by the following:  
 
(i) estimating the m argin 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  
 
(2) Subparagraph 38(1)(b)(i) of the English version of the Act is replaced by the followin g: 
 
(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,  
 
(3) Section 38 of the Act is amended by adding the following after sub section (1):  
 G/ADP/N/1/CAN/4/Suppl.1 • G/SCM/N/1/CAN/4/Suppl.1  
 
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  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 amoun t of subsidy on, the goods 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, th en 
that margin or amount is considered to be insignificant and the investigation in respect of those 
goods continues.  
 
198 
 
Paragraph 49(2)(b) of the Act is replaced by the following:  
 
(b) unless the President has made a preliminary determination under sub section 38(1), other than 
a determination respecting an insignificant margin of dumping or an insignificant amount of 
subsidy; or  
 
199 
 
(1) Subsection 76.03(2) of the Act is replaced by the following:  
 
Publication of notice  
 
(2) If an order or finding is t o be deemed rescinded under subsection (1), the Tribunal 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 speci fied in 
the rules of the Tribunal.  
 
(2) Paragraph 76.03(7)(a) of the Act is replaced by the following:  
 
(a) within 150 days after the day on which the notice is received under subparagraph (6)(a)(i), 
determine whether the expiry of the order or finding in respect of goods of a country or countries 
is likely to result in the continuation or resumption of dumping or subsidizing of the goods; and  
 
(3) Subsection 76.03(10) of the Act is replaced by the following:  
 
Tribunal 's determination  
 
(10) If the President  makes a determination described in subsection (9), the Tribunal shall, within 
160 days after the day on which that determination was received, determine whether the expiry of 
the order or finding in respect of the goods referred to in that subsection is l ikely to result in injury 
or retardation.  
 
200 
 
Application  
 
The provisions of the Special Import Measures Act , as enacted or amended by sections 192 to 199, 
apply to goods from a NAFTA country, as defined in subsection 2(1) of that Act.  
 
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