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

Marginal note:Export price where agreement affects anti-dumping duty

26 Where the manufacturer, producer, vendor or exporter of goods sold to an importer in Canada undertakes, directly or indirectly in any manner whatever, to indemnify, pay on behalf of or reimburse the importer or purchaser in Canada of the goods for all or any part of the anti-dumping duty that may be levied on the goods,

• (a) the indemnity, payment or reimbursement is deemed not to be a compensatory arrangement referred to in subparagraph 25(1)(b)(ii); and

• (b) the export price of the goods is the export price thereof as otherwise determined under this Act minus the amount of the indemnity, payment or reimbursement.

Marginal note:Credit sales of goods sold to importer in Canada

• 27 (1) For the purposes of sections 24 and 25, where any sale of goods referred to in those sections was made on credit terms other than cash discounts, the sale price for the goods is deemed to be an amount equal to the quotient obtained when

  • (a) the aggregate of the present value of every payment of principal or interest, or of principal and interest, provided for by any agreement entered into with respect to the sale, determined

    • (i) as of the time of the sale, and

    • (ii) by reference to a discount rate equal to

      • (A) the interest rate prevailing, at the time of the sale, in the country in which the vendor is located for commercial loans available in that country in the currency in which the payments are expressed in the agreement and on terms, other than the interest rate, comparable to the credit terms on which the sale of the goods was made, or

      • (B) where it is not possible to ascertain the interest rate referred to in clause (A) or there is no such interest rate, the interest rate selected as provided for by regulations made pursuant to paragraph 97(j),

  is divided by

  • (b) the number or quantity of the goods sold,

  so as to arrive at a unit price for the goods sold.

• Marginal note:Adjustment of unit price

  (1.1) The unit price arrived at under subsection (1) shall be adjusted in the prescribed manner and circumstances.

• Marginal note:Where agreement relates to several goods

  (2) For the purpose of paragraph (1)(a), where an agreement with respect to the sale of goods referred to in section 24 or 25 also relates to the sale of other goods, only such portion of the present value of any payment of principal or interest, or of principal and interest, provided for by the agreement as is reasonably attributable to the goods referred to in section 24 or 25, as the case may be, shall be included in determining the aggregate referred to in that paragraph.

Marginal note:Where exporter provides benefit on resale in Canada

28 For the purposes of sections 24 and 25, where the exporter of goods sold to an importer in Canada agrees with the importer to provide, directly or indirectly, to persons who purchase the goods in Canada

• (a) on resale from the importer, or

• (b) from any person on any subsequent resale,

any benefit by way of rebate, service, other goods or otherwise, the export price of the goods is the export price as otherwise determined under this Act, after subtracting therefrom any amount that is required to be subtracted under section 26, minus an amount to reflect the value of the benefit to persons who purchase the goods on resale.

Normal Value and Export Price

Marginal note:Normal value and export price where information not available

• 29 (1) Where, in the opinion of the President, sufficient information has not been furnished or is not available to enable the determination of normal value or export price as provided in sections 15 to 28, the normal value or export price, as the case may be, shall be determined in such manner as the Minister specifies.

• Marginal note:Consignment shipments

  (2) Where goods are or are to be shipped to Canada on consignment and there is no known purchaser in Canada of the goods, the normal value and export price of the goods shall be determined in such manner as the Minister specifies.

Marginal note:Normal value and export price where goods exported to Canada through another country

• 30 (1) Where goods are exported to Canada from one country but pass in transit through another country, the normal value and export price of the goods shall, subject to such terms and conditions as to shipment, documentation, warehousing, transhipment or the like as are prescribed, be determined as if the goods were shipped directly to Canada from the first mentioned country.

• Marginal note:Normal value and export price where goods shipped indirectly to Canada

  (2) Where any goods

  • (a) are or are to be shipped indirectly to Canada from the country of origin through one or more other countries, and

  • (b) would, but for this section, have a normal value as computed under sections 15 to 23 or section 29 that is less than the normal value would be if the country of export were the country of origin,

  the normal value and export price of the goods shall, notwithstanding any other provision of this Act, be determined as if the goods were or were to be shipped directly to Canada from the country of origin.

Margin of Dumping

30.1 [Repealed, 2017, c. 20, s. 76]

Marginal note:Margin of dumping re goods of an exporter

• 30.2 (1) Subject to subsection (2), the margin of dumping in relation to any goods of a particular exporter is zero or the amount determined by subtracting the weighted average export price of the goods from the weighted average normal value of the goods, whichever is greater.

• Marginal note:If variation in price

  (2) The President may determine the margin of dumping in relation to any goods of a particular exporter to be the weighted average of the margins of dumping in relation to the goods of that exporter that are sold in any individual sales of goods of that exporter that the President considers relevant if, in the opinion of the President, there are significant variations in the prices of goods of that exporter among purchasers, regions in Canada or time periods.

• Marginal note:Price of like goods

  (3) Where subsection (2) applies and any of the normal values used to determine the margins of dumping in relation to goods sold in individual sales are determined in accordance with section 15, the price of like goods used to determine those normal values is the weighted average, determined in accordance with paragraph 17(a), of the prices at which the like goods were sold.

Marginal note:Margin of dumping based on sample

• 30.3 (1) The President may, if the President is of the opinion that it would be impracticable to determine a margin of dumping in relation to all goods under consideration because of the number of exporters, producers or importers, the variety or volume of goods or any other reason, determine margins of dumping in relation to

  • (a) the largest percentage of goods of each of the countries whose goods are under consideration that, in the opinion of the President, can reasonably be investigated; or

  • (b) samples of the goods of each of the countries whose goods are under consideration that, in the opinion of the President based on the information available at the time of selection, are statistically valid.

• Marginal note:Where information submitted

  (2) Where subsection (1) applies, the President shall determine a margin of dumping in relation to any goods under consideration that were not included in the percentage or sample, as the case may be, referred to in that subsection where

  • (a) the exporter of the goods submits information for the purpose of determining a margin of dumping; and

  • (b) in the opinion of the President, it is practicable to do so.

• Marginal note:Other cases

  (3) Where subsection (1) applies with respect to goods under consideration, the margin of dumping in relation to those goods that were not included in the percentage or sample and those goods for which a margin of dumping was not determined in accordance with subsection (2) shall be determined in the prescribed manner.

Amount of Subsidy

Marginal note:Amount of subsidy

• 30.4 (1) Subject to subsections (2) and (3), the amount of subsidy in relation to any goods shall be determined in the prescribed manner.

• Marginal note:Where no prescribed manner

  (2) Where no manner of determining an amount of subsidy has been prescribed or, in the opinion of the President, sufficient information has not been provided or is not otherwise available to enable the determination of the amount of subsidy in the prescribed manner, the amount of subsidy shall, subject to subsection (3), be determined in such manner as the Minister may specify.

• Marginal note:Exception

  (3) An amount of subsidy shall not include any amount that is attributable to a non-actionable subsidy.

Procedure in Dumping and Subsidy Investigations

Commencement of Investigation

Marginal note:Initiation of investigation

• 31 (1) The President shall cause an investigation to be initiated respecting the dumping or subsidizing of any goods and whether there is a reasonable indication that such dumping or subsidizing has caused injury or retardation or is threatening to cause injury, forthwith on the President’s own initiative or, subject to subsection (2), where the President receives a written complaint respecting the dumping or subsidizing of the goods, within thirty days after the date on which written notice is given by or on behalf of the President to the complainant that the complaint is properly documented, if the President is of the opinion that there is evidence

  • (a) that the goods have been dumped or subsidized; and

  • (b) that discloses a reasonable indication that the dumping or subsidizing has caused injury or retardation or is threatening to cause injury.

• Marginal note:Standing

  (2) No investigation may be initiated under subsection (1) as a result of a complaint unless

  • (a) the complaint is supported by domestic producers whose production represents more than fifty per cent of the total production of like goods by those domestic producers who express either support for or opposition to the complaint; and

  • (b) the production of the domestic producers who support the complaint represents twenty-five per cent or more of the total production of like goods by the domestic industry.

• Meaning of domestic producers

  (2.1) For the purpose of paragraph (2)(a), if a domestic producer is an importer of, or is related to an exporter or importer of, allegedly dumped or subsidized goods, domestic producers may, subject to subsection 2(1.1), be interpreted as meaning the rest of those domestic producers.

• Meaning of domestic industry

  (3) In paragraph (2)(b), domestic industry means, subject to subsection 2(1.1), the domestic producers as a whole of the like goods except that, if a domestic producer is related to an exporter or importer of allegedly dumped or subsidized goods, or is an importer of such goods, domestic industry may be interpreted as meaning the rest of those domestic producers.

• Marginal note:Producers related to exporters or importers

  (4) For the purposes of subsections (2.1) and (3), a domestic producer is related to an exporter or importer if

  • (a) the producer either directly or indirectly controls, or is controlled by, the exporter or importer,

  • (b) the producer and the exporter or the importer, as the case may be, are directly or indirectly controlled by a third person, or

  • (c) the producer and the exporter or the importer, as the case may be, directly or indirectly control a third person,

  and there are grounds to believe that the producer behaves differently towards the exporter or importer than does a non-related producer.

• Marginal note:Where there is deemed to be control

  (5) For the purposes of subsection (4), a person is deemed to control another person where the first person is legally or operationally in a position to exercise restraint or direction over the other person.

• Marginal note:Extension of 30-day period

  (6) The period of 30 days referred to in subsection (1) is extended to 45 days if, before the expiry of the 30 days, the President causes written notice to be given to the complainant that the period of 30 days is insufficient to determine whether there is compliance with the conditions referred to in subsection (2) or the condition referred to in subsection 31.1(1).

• Marginal note:Initiation of investigation

  (7) The President may, on receipt of a notice in writing from the Tribunal pursuant to section 46 respecting the dumping or subsidizing of any goods, cause an investigation to be initiated respecting the dumping or subsidizing of any goods described in the notice.

• Marginal note:Initiation of investigation

  (8) Where a reference is made to the Tribunal pursuant to subsection 33(2) and the Tribunal advises that the evidence discloses a reasonable indication that the dumping or subsidizing of the goods that are the subject of the reference has caused injury or retardation or is threatening to cause injury, the President shall initiate an investigation respecting the dumping or subsidizing of the goods forthwith after receipt of the advice.