Special Import Measures Act (R.S.C., 1985, c. S-15)

Marginal note:Where Tribunal makes new order or finding

13 Where, pursuant to subsection 91(3), the Tribunal rescinds an order or finding with respect to goods and makes another order or finding with respect to the goods,

• (a) the other order or finding shall be deemed, for the purposes of this Act, to have been made on the date that the order or finding so rescinded was made; and

• (b) any duty paid by or on behalf of any person as a consequence of the order or finding so rescinded shall, except to the extent of any duty payable by the person as a consequence of the other order or finding, be returned to the person forthwith after the other order or finding is in fact made.

13.1 [Repealed, 2001, c. 25, s. 94]

Expedited Review of Normal Value, Export Price or Amount of Subsidy

Marginal note:Request for review

• 13.2 (1) An exporter to Canada or producer of any goods to which an order or finding referred to in subsection 3(1) applies may request that the President review the normal value, export price or amount of subsidy in relation to those goods if the exporter or producer

  • (a) establishes that they are not associated with any exporter who is in the same country as the goods that are subject to the order or finding and who had been given notice under subparagraph 34(1)(a)(i); and

  • (b) has not

    • (i) been given notice under subparagraph 34(1)(a)(i), paragraph 38(3)(a) or subsection 41(3) in respect of the goods, or

    • (ii) been requested to provide information in relation to those goods or in relation to any goods that are of the same description as those goods for the purposes of this Act.

• Marginal note:Request for review

  (1.1) An exporter to Canada of any goods to which an order or finding referred to in subsection 3(1.1) or (1.2) applies may request that the President review the normal value, export price or amount of subsidy in relation to those goods if the exporter has not been requested to provide information in relation to those goods, or in relation to any goods that are of the same description as those goods for the purposes of this Act, for the purposes of determining their normal value, export price or amount of subsidy.

• Marginal note:Form of request

  (2) A request under subsection (1) or (1.1) shall be made in the prescribed manner and form and shall contain the prescribed information.

• Marginal note:Review

  (3) If the President receives a request under subsection (1), the President shall initiate a review, on an expedited basis, of the normal value, export price or amount of subsidy, as the case may be, and shall, on completion of the review, either confirm or amend the value, price or amount.

• Marginal note:Review

  (3.1) If the President receives a request under subsection (1.1), the President shall initiate a review of the normal value, export price or amount of subsidy in respect of goods to which an order or finding referred to in subsection 3(1.1) or (1.2) applies, as the case may be.

• Marginal note:Posting of security

  (4) An importer of goods that are of the same description as any goods to which a review under subsection (3) applies and that are released during the period beginning on the day the review is initiated and ending on the day on which the President completes the review shall, within the time prescribed under the Customs Act for the payment of duties, post, or cause to be posted, security in the prescribed manner and form and in an amount, or of a value, equal to the margin of dumping of, or amount of subsidy on, the goods.

• Marginal note:Confirmation, etc., deemed to be a re-determination

  (5) A confirmation or amendment of a normal value, export price or amount of subsidy under subsection (3) is, for the purposes of paragraph 57(b), deemed to be a re-determination of a normal value, export price or amount of subsidy, as the case may be, by a designated officer referred to in that paragraph.

Exemption from Application of Act

Marginal note:Exemption of goods from application of Act

• 14 (1) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations exempting any goods or class of goods from the application of this Act.

• Marginal note:Exemption of goods of Chile from application of Act

  (2) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations exempting any goods or class of goods of Chile from the application of this Act or any of its provisions. The exemption may be in respect of the dumping of those goods or that class.

• Marginal note:Duration and conditions

  (3) Regulations made under subsection (2) may specify the period during which the exemption applies and make it subject to conditions.

Normal Value, Export Price, Margin of Dumping and Amount of Subsidy

Normal Value

Marginal note:Determination of normal value of goods

15 Subject to sections 19 and 20, where goods are sold to an importer in Canada, the normal value of the goods is the price of like goods when they are sold by the exporter of the first mentioned goods

• (a) to purchasers

  • (i) with whom the exporter is not associated at the time of the sale of the like goods, and

  • (ii) who are at the same or substantially the same trade level as the importer,

• (b) in the same or substantially the same quantities as the sale of goods to the importer,

• (c) in the ordinary course of trade for use in the country of export under competitive conditions,

• (d) during such period of sixty days that ends in the interval commencing with the first day of the year preceding the date of the sale of the goods to the importer and ending on the fifty-ninth day after such date as is selected by the President or, where, in the opinion of the President, the nature of the trade in those goods or the fact that they are sold to the importer for future delivery requires that sales of like goods by the exporter during a period other than a period of sixty days that ends in that interval be taken into account, during such period of sixty days or longer

  • (i) that precedes the date of the sale of the goods to the importer, or

  • (ii) where the goods are sold to the importer for future delivery, that precedes the date of the sale of the goods to the importer or within the year that precedes the date of the delivery of the goods to the importer

  as the President specifies for those goods or for goods of the class to which those goods belong, and

• (e) at the place from which the goods were shipped directly to Canada or, if the goods have not been shipped to Canada, at the place from which the goods would be shipped directly to Canada under normal conditions of trade,

adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, in taxation and other differences relating to price comparability between the goods sold to the importer and the like goods sold by the exporter.

Marginal note:Rules applied in determining normal value

• 16 (1) In the application of section 15 in the case of any goods,

  • (a) if there was not, in the opinion of the President, such a number of sales of like goods made by the exporter at the place described in paragraph 15(e) as to permit a proper comparison with the sale of the goods to the importer in Canada, but sales of like goods were made by the exporter at one other place or several other places in the country of export, there shall, for the purpose of making that comparison, be included with sales of like goods made by the exporter at the place described in paragraph 15(e) sales of like goods made by the exporter at that one other place or at the nearest of the several other places to the place described in paragraph 15(e), as the case may be;

  • (b) if there was not, in the opinion of the President, such a number of sales of like goods made by the exporter to purchasers described in subparagraph 15(a)(i) who are at the same or substantially the same trade level as the importer in Canada as to permit a proper comparison with the sale of goods to the importer, but there was such a number of sales of like goods made to purchasers described in subparagraph 15(a)(i) who are at the trade level nearest and subsequent to that of the importer, there shall be substituted for the purchasers described in paragraph 15(a) purchasers described in subparagraph 15(a)(i) who are at the trade level nearest and subsequent to that of the importer;

  • (c) if by reason of the fact that

    • (i) the sales of like goods made by the exporter were solely or primarily for export, or

    • (ii) the sales of like goods made by the exporter during the period that is applicable by reason of paragraph 15(d) were solely or primarily to purchasers who at any time during that period were not purchasers described in subparagraph 15(a)(i),

    there was not, in the opinion of the President, such a number of sales of like goods made by the exporter as to permit a proper comparison with the sale of the goods to the importer in Canada, but there were sales of like goods for use in the country of export by other vendors, such one or more of any of those vendors that the President may specify shall be deemed to be the exporter for the purpose of determining the normal value of the goods sold to the importer in Canada;

  • (d) if the quantity of goods sold to the importer in Canada is larger than the largest quantity of like goods sold by the exporter for use in the country of export, the sales of like goods shall be those sales of like goods that are in the largest quantity sold by the exporter for such use; and

  • (e) if the quantity of goods sold to the importer in Canada is smaller than the smallest quantity of like goods sold by the exporter for use in the country of export, the sales of like goods shall be those sales of like goods that are in the smallest quantity sold by the exporter for such use.

• Marginal note:Idem

  (2) In determining the normal value of any goods under section 15, there shall not be taken into account

  • (a) any sale of like goods for use in the country of export by a vendor to a purchaser if the vendor did not, at the same or substantially the same time, sell like goods in the ordinary course of trade to other persons in the country of export at the same trade level as, and not associated with, the purchaser;

  • (b) any sale of like goods by the exporter within a period, determined by the President, of not less than six months, where

    • (i) the sale is made at a price that is less than the cost of the goods,

    • (ii) either

      • (A) the sale is of a volume that, or is one of a number of sales referred to in subparagraph (i) the total volume of which, is not less than twenty per cent of the total volume of like goods sold during that period, or

      • (B) the average selling price of like goods sold by the exporter during that period is less than the average cost of those like goods, and

    • (iii) the sale is made at a price per unit that is not greater than the average cost of all like goods sold during that period; and

  • (c) any sale of like goods for use in the country of export by the exporter to a purchaser if, in the opinion of the President, a particular market situation exists which does not permit a proper comparison with the sale of the goods to the importer in Canada.

• Marginal note:Paragraph (2)(c)

  (2.1) For the purposes of paragraph (2)(c), a particular market situation may be found to exist in respect of any goods of a particular exporter or of a particular country, as is appropriate in the circumstances.

• Marginal note:Meaning of cost

  (3) For the purposes of paragraph (2)(b), cost means, in relation to goods, the cost of production of the goods and the administrative, selling and all other costs with respect to the goods.

Marginal note:Price of like goods

17 In determining the normal value of any goods under section 15, the price of like goods when sold by the exporter to purchasers during the period referred to in paragraph 15(d) in a sale or sales that comply with the terms and conditions referred to in section 15 or with those terms and conditions that apply by virtue of subsection 16(1) is, at the option of the President in any case or class of cases, except a case or class of cases to which subsection 30.2(3) applies,

• (a) the weighted average of the prices at which like goods were sold by the exporter to purchasers during that period; or

• (b) the price at which like goods were sold by the exporter in any sale during that period where, in the opinion of the President, the price is representative of the prices at which like goods were sold during that period.