G/ADP/Q1/CAN/16  
G/SCM/Q1/CAN/16  
 
3 October 2016  
(16-5271) 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 OF THE AGREEMENT  
QUESTION S POSED BY THE UNITED STATES  
REGARDING THE NOTIFICATION OF CANADA1 
The followi ng communication, dated 30 September  2016, is being circulated at the reques t of the 
Delegation of the United States.  
 
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The United States thanks Canada for its notification of legislative amendments enacted through 
the Budget Implementation Act, 2016, no. 1 and poses the following questions:2  
 
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 negligible. 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 provides that an investigation will be 
terminated where a preliminary determination finds that actual or potential volume of 
dumped or subsidized goods is negligible.  
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 Ag reement on Tariffs and Trade 1994 (AD Agreement) and Article 11.9 of the 
Agreement on Subsidies and 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.  
 
Question 2  
 
New subsection 76.03(2) of the Act states that, "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 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 m ust issue its decision with regard to 
initiation of an expiry review of the order.  
                                                
1 G/ADP/N/1/CAN/4/Suppl.1 -G/SCM/N/1/CAN/4/Suppl.1 (dated 23  August 2016).  
2 For the sake of efficiency, the United States suggests that committee review for these questions be 
conducted in the Committee on Anti -Dumping Practices.  G/ADP/Q1/CAN/16 • G/SCM/Q1/CAN/16  
 
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  b. Please explain how the revised timeline for notification of expiry, or initiation of an expiry 
review, will affect the time allotted for parties to submit their views prior  to the Tribunal 's 
determination with regard to initiation of an expiry review.  
c. Will the notice(s) referenced above also be available on the Tribunal 's public website?  
 
 
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