Customs Tariff (S.C. 1997, c. 36)

72. [Repealed, 2011, c. 24, s. 128]

73. [Repealed, 2011, c. 24, s. 128]

74. [Repealed, 2011, c. 24, s. 128]

75. [Repealed, 2011, c. 24, s. 128]

76. [Repealed, 2011, c. 24, s. 128]

76.1 [Repealed, 2011, c. 24, s. 128]

77. [Repealed, 2011, c. 24, s. 128]

Marginal note:Definitions

• 77.1 (1) The following definitions apply in this section and in sections 77.2 to 77.8.

  “market disruption”

  « désorganisation du marché »

  “market disruption” means a rapid increase in the importation of goods that are like or directly competitive with goods produced by a domestic industry, in absolute terms or relative to the production of those goods by a domestic industry, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry.

  “significant cause”

  « cause importante »

  “significant cause” means, in respect of a material injury or threat thereof, an important cause that need not be as important as, or more important than, any other cause of the material injury or threat.

• Marginal note:Surtax — market disruption

  (2) Subject to section 77.2, if at any time it appears to the satisfaction of the Governor in Council, on the basis of a report of the Minister or of an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.22 of the Canadian International Trade Tribunal Act, that goods originating in the People’s Republic of China are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order, make any such goods, when imported into Canada or a region or part of Canada specified in the order during the period that the order is in effect, subject to a surtax

  • (a) at a rate specified in the order; or

  • (b) at a rate specified in the order that varies from time to time as the quantity of those goods imported into Canada or that region or part of Canada during a period specified in the order equals or exceeds quantities specified in the order.

• Marginal note:Maximum rate

  (3) The rate specified under subsection (2) may not exceed the rate that in the opinion of the Governor in Council is sufficient to prevent or remedy market disruption to domestic producers of like or directly competitive goods.

• Marginal note:Minister’s report

  (4) A report of the Minister referred to in subsection (2) may be made only if there are, in the opinion of the Minister, critical circumstances.

• Marginal note:Inquiry

  (5) If an order is made under subsection (2) on the basis of a report of the Minister, the Governor in Council shall immediately refer the matter to the Canadian International Trade Tribunal for an inquiry under subsection 30.21(1) of the Canadian International Trade Tribunal Act.