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Canadian International Trade Tribunal Act (R.S.C., 1985, c. 47 (4th Supp.))

Act current to 2020-07-15 and last amended on 2020-07-01. Previous Versions

Inquiries and Reviews (continued)

Complaints by Domestic Producers (continued)

Marginal note:Principal cause of injury

  •  (1) The Tribunal shall, in an inquiry into a complaint, determine whether, having regard to any regulations made pursuant to paragraph 40(a),

    • (a) in the case of a complaint filed under subsection 23(1), the goods that are the subject of the complaint are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods;

    • (a.1) [Repealed, 2020, c. 1, s. 146]

    • (a.2) [Repealed, 2020, c. 1, s. 146]

    • (a.3) [Repealed, 2020, c. 1, s. 146]

    • (a.4) in the case of a complaint filed under subsection 23(1.04), the goods that are entitled to the Canada-Israel Free Trade Agreement Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods;

    • (a.5) in the case of a complaint filed under subsection 23(1.05), the goods that are entitled to the Chile Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods;

    • (a.6) in the case of a complaint filed under subsection 23(1.06), the textile and apparel goods that are entitled to the Chile Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods;

    • (a.61) in the case of a complaint filed under subsection 23(1.061), the goods that are entitled to the Colombia Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;

    • (a.7) in the case of a complaint filed under subsection 23(1.07), the goods that are entitled to the Costa Rica Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods;

    • (a.8) in the case of a complaint filed under subsection 23(1.08), the textile and apparel goods that are entitled to the Costa Rica Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods;

    • (a.81) in the case of a complaint filed under subsection 23(1.081), the goods that are entitled to the Panama Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;

    • (a.82) in the case of a complaint filed under subsection 23(1.082), the goods that are entitled to a CPTPP tariff, taken individually for each CPTPP country concerned, are, as a result of that entitlement, being imported in such increased quantities and under such conditions as to constitute a principal cause, when considered collectively, of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;

    • (a.83) in the case of a complaint filed under subsection 23(1.083), the textile and apparel goods that are entitled to a CPTPP tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods;

    • (a.9) in the case of a complaint filed under subsection 23(1.093), the goods that are entitled to the Iceland Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;

    • (a.91) in the case of a complaint filed under subsection 23(1.091), the goods that are entitled to the Norway Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;

    • (a.92) in the case of a complaint filed under subsection 23(1.092), the goods that are entitled to the Switzerland–Liechtenstein Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;

    • (a.93) in the case of a complaint filed under subsection 23(1.093), the goods that are entitled to the Peru Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;

    • (a.94) in the case of a complaint filed under subsection 23(1.094), the goods that are entitled to the Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities in absolute terms and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;

    • (a.95) in the case of a complaint filed under subsection 23(1.095), the goods that are entitled to the Honduras Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods;

    • (a.96) in the case of a complaint filed under subsection 23(1.096), the textile and apparel goods that are entitled to the Honduras Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods;

    • (a.97) in the case of a complaint filed under subsection 23(1.097), the goods that are entitled to the Korea Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms, and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;

    • (a.98) in the case of a complaint filed under subsection 23(1.098), the goods that are entitled to the Ukraine Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods; or

    • (b) in the case of a complaint filed under subsection 23(1.1), the goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction or elimination of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods.

  • Marginal note:Definition of principal cause

    (2) For the purposes of subsection (1), principal cause means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat thereof.

  • (2.1) [Repealed, 2020, c. 1, s. 146]

  • Marginal note:Considerations

    (2.2) In making a determination under paragraph (1)(a.6), regard shall be had to paragraph 2 of section 3 of Annex C-00-B of the CCFTA.

  • Marginal note:Considerations

    (2.3) In making a determination under paragraph (1)(a.8), regard shall be had to paragraph 2 of section 4 of Annex III.1 of the CCRFTA.

  • Marginal note:Other matters

    (3) The Tribunal shall, in an inquiry into a complaint, examine any other matter in relation to the complaint that the Governor in Council refers to it for examination.

  • R.S., 1985, c. 47 (4th Supp.), s. 27
  • 1988, c. 65, s. 58
  • 1993, c. 44, s. 43
  • 1994, c. 47, ss. 46(F), 47(F)
  • 1996, c. 33, s. 23
  • 1997, c. 14, s. 27, c. 36, s. 198
  • 2001, c. 28, s. 25
  • 2009, c. 6, s. 22, c. 16, ss. 22, 56
  • 2010, c. 4, s. 22
  • 2012, c. 18, s. 21, c. 26, s. 22
  • 2014, c. 14, s. 38, c. 28, s. 39
  • 2017, c. 8, s. 32
  • 2018, c. 23, s. 37
  • 2020, c. 1, s. 146

Marginal note:Reference to President

  •  (1) Where, at any time during an inquiry into a complaint, the Tribunal forms the opinion that the injury or threat of injury alleged in the complaint appears to be caused by the dumping or subsidizing of goods within the meaning of the Special Import Measures Act, the Tribunal shall forthwith adjourn the inquiry, give notice thereof to the complainant and each other interested party and, by notice in writing, refer the complaint to the President for consideration under the Special Import Measures Act.

  • Marginal note:Resumption of inquiry

    (2) Where, pursuant to subsection (1), the Tribunal adjourns an inquiry into a complaint and refers the complaint to the President for consideration under the Special Import Measures Act, the Tribunal shall resume the inquiry only if

    • (a) the President does not initiate an investigation under that Act respecting the dumping or subsidizing of the goods that are the subject of the complaint or initiates such an investigation but terminates the investigation under section 35 or 41 of that Act; and

    • (b) the complainant applies to the Tribunal to resume the inquiry

      • (i) in the case where the President does not initiate such an investigation, within thirty days after the date of the notice sent to the complainant pursuant to subsection 33(1) of that Act advising the complainant of the President’s decision or, where the President or complainant refers to the Tribunal the question mentioned in subsection 33(2) of that Act, within thirty days after the date the Tribunal renders its advice on the question, or

      • (ii) in the case where the President initiates such an investigation but terminates the investigation under section 35 or 41 of that Act, within thirty days after the date of the notice sent to the complainant under section 35 or 41 of that Act advising the complainant of the termination of the investigation.

  • Marginal note:Termination of inquiry

    (3) Where the Tribunal decides not to resume an inquiry pursuant to subsection (2) by reason that the conditions referred to in that subsection have not been met, the Tribunal shall terminate the inquiry and cause written notice of such termination to be given forthwith to the complainant and each other interested party.

  • R.S., 1985, c. 47 (4th Supp.), s. 28
  • 1994, c. 13, s. 7, c. 47, s. 46(F)
  • 1999, c. 12, s. 58, c. 17, ss. 114, 115
  • 2005, c. 38, s. 55
 
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