Budget Implementation Act, 2016, No. 1 (S.C. 2016, c. 7)

193 The Act is amended by adding the following after section 7.1:

Marginal note:1994, c. 47, s. 149(1); 2005, c. 38, par. 134(h)

• 194 (1) The portion of subsection 8(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Imposition of provisional duty

  • 8 (1) Subject to subsection (1.3), if the President makes a preliminary determination of dumping or subsidizing in an investigation 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 made and ending on the earlier of

• Marginal note:2001, c. 25, s. 92(2)

  (2) The portion of subsection 8(1.1) of the Act before paragraph (a) is replaced by the following:

  • Marginal note: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 determination is made under subsection 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 importer,

• Marginal note:2001, c. 25, s. 92(2)

  (3) The portion of subsection 8(1.2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note: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 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 by the Federal Court of Appeal, 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 determination is made under subsection 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 importer,

• (4) Section 8 of the Act is amended by adding the following after subsection (1.2):

  • Marginal note: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.

Marginal note:1999, c. 12, s. 12

195 Section 30.1 of the Act is replaced by the following:

Marginal note:1999, c. 12, s. 17; 2005, c. 38, par. 134(z)

196 Paragraph 35(1)(a) of the Act is replaced by the following:

• 197 (1) Subparagraph 38(1)(a)(i) of the English version of the Act is replaced by the following:

  • (i) estimating the margin 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

• Marginal note:1994, c. 47, par. 185(1)(d)

  (2) Subparagraph 38(1)(b)(i) of the English version of the Act is replaced by the following:

  • (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 subsection (1):

  • Marginal note: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 amount of subsidy on, the goods is insignificant.

  • Marginal note: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, then that margin or amount is considered to be insignificant and the investigation in respect of those goods continues.

Marginal note:1994, c. 47, s. 171(3); 2005, c. 38, par. 134(z.5)(E)

198 Paragraph 49(2)(b) of the Act is replaced by the following:

Marginal note:1999, c. 12, s. 36

• 199 (1) Subsection 76.03(2) of the Act is replaced by the following:

  • Marginal note:Publication of notice

    (2) If an order or finding is to 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 specified in the rules of the Tribunal.

• Marginal note:1999, c. 12, s. 36

  (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

• Marginal note:1999, c. 12, s. 36; 2005, c. 38, par. 134(z.19)

  (3) Subsection 76.03(10) of the Act is replaced by the following:

  • Marginal note: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 likely to result in injury or retardation.