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

Inquiries by Tribunal

Marginal note:Tribunal to make inquiry

• 42 (1) The Tribunal, forthwith after receipt of a notice of a preliminary determination under subsection 38(3), shall make inquiry with respect to the following matters:

  • (a) in the case of any goods to which the preliminary determination applies, as to whether the dumping or subsidizing of the goods

    • (i) has caused injury or retardation or is threatening to cause injury, or

    • (ii) would have caused injury or retardation except for the fact that provisional duty was imposed in respect of the goods;

  • (b) in the case of any dumped goods to which the preliminary determination applies, as to whether

    • (i) either

      • (A) there has occurred a considerable importation of like goods that were dumped, which dumping has caused injury or would have caused injury except for the application of anti-dumping measures, or

      • (B) the importer of the goods was or should have been aware that the exporter was practising dumping and that the dumping would cause injury, and

    • (ii) injury has been caused by a massive importation of the goods into Canada and the goods are likely to seriously undermine the remedial effect of the duties applicable under subsection 3(1); and

  • (c) in the case of any subsidized goods in respect of which a specification has been made under clause 41(1)(b)(ii)(C) and to which the preliminary determination applies as to whether

    • (i) injury has been caused by a massive importation of the goods into Canada, and

    • (ii) the goods are likely to seriously undermine the remedial effect of the duties applicable under subsection 3(1).

• Marginal note:Tribunal to make or resume inquiry

  (2) Where the Tribunal receives a notice pursuant to paragraph 52(1)(e) in respect of goods with respect to which an undertaking or undertakings have been terminated, it shall, unless it has already made a finding with respect to the goods, forthwith make or resume its inquiry as to whether the dumping or subsidizing

  • (a) has caused injury or retardation or is threatening to cause injury; or

  • (b) would have caused, during any period after the undertaking or undertakings, as the case may be, with respect to the goods were accepted, injury, retardation or threat of injury except for that acceptance.

• Marginal note:Assessment of cumulative effect

  (3) In making or resuming its inquiry under subsection (1), the Tribunal shall make an assessment of the cumulative effect of the dumping or subsidizing of goods to which the preliminary determination applies that are imported into Canada from more than one country if the Tribunal is satisfied that

  • (a) the margin of dumping or the amount of subsidy in relation to the goods from each of those countries is not insignificant and the volume of the goods from each of those countries is not negligible; and

  • (b) an assessment of the cumulative effect would be appropriate taking into account the conditions of competition between goods to which the preliminary determination applies that are imported into Canada from any of those countries and

    • (i) goods to which the preliminary determination applies that are imported into Canada from any other of those countries, or

    • (ii) like goods of domestic producers.

• Marginal note:Application of paragraph (3)(a)

  (3.1) For the purposes of paragraph (3)(a),

  • (a) the margin of dumping in relation to goods of a particular country is the weighted average of the margins of dumping determined in accordance with section 30.2; and

  • (b) the amount of subsidy in relation to goods of a particular country is the weighted average of the amounts of subsidy determined in accordance with section 30.4.

• Marginal note:Tribunal to be guided by Canada’s obligations

  (4) The Tribunal shall, in making a cumulative assessment under subsection (3), take into account the provisions of paragraph 12 of Article 27 of the Subsidies Agreement.

• Marginal note:Termination of inquiry if volume is negligible

  (4.1) If the Tribunal determines that the volume of dumped or subsidized goods from a country is negligible, the Tribunal shall terminate its inquiry in respect of those goods.

• Marginal note:When domestic industry based on regional markets

  (5) Where subsection 2(1.1) applies in respect of the dumping or subsidizing of goods to which the preliminary determination applies, the Tribunal shall not find that the dumping or subsidizing of those goods has caused injury or retardation or is threatening to cause injury unless

  • (a) there is a concentration of those goods into the regional market; and

  • (b) the dumping or subsidizing of those goods has caused injury or retardation or is threatening to cause injury to the producers of all or almost all of the production of like goods in the regional market.

• Marginal note:Volume of dumped or subsidized goods

  (6) For the purposes of this section, the volume of dumped or subsidized goods from a country is deemed to include the volume of goods of the country that are of the same description and are the subject of a sale for export to Canada.

• Marginal note:Application

  (7) For the purposes of this section, dumped or subsidized goods do not include goods of an exporter in respect of which the margin of dumping or amount of subsidy is insignificant.

Marginal note:Tribunal to make order or finding

• 43 (1) In any inquiry referred to in section 42 in respect of any goods, the Tribunal shall, forthwith after the date of receipt of notice of a final determination of dumping or subsidizing with respect to any of those goods, but, in any event, not later than one hundred and twenty days after the date of receipt of notice of a preliminary determination with respect to the goods, make such order or finding with respect to the goods to which the final determination applies as the nature of the matter may require, and shall declare to what goods, including, where applicable, from what supplier and from what country of export, the order or finding applies.

• Marginal note:Separate order or finding

  (1.01) Where an inquiry referred to in section 42 involves any of the following goods, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of each CUSMA country:

  • (a) goods of more than one CUSMA country; or

  • (b) goods of one or more CUSMA countries and goods of one or more other countries.

• Marginal note:Suspension of s. (1.1)

  (1.02) The operation of subsection (1.1) is suspended during the period in which subsection (1.01) is in force.

• Marginal note:Separate order or finding

  (1.1) Where an inquiry referred to in section 42 involves goods of the United States as well as goods of other countries, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of the United States.

• Marginal note:Notice of order or finding

  (2) The Tribunal shall forward by registered mail to the President, the importer, the exporter and such other persons as may be specified by the rules of the Tribunal

  • (a) forthwith after it is made, a copy of each order or finding made by it pursuant to this section; and

  • (b) not later than fifteen days after the making of an order or finding by it pursuant to this section, a copy of the reasons for making the order or finding.

• Marginal note:Publication of notice

  (3) The Tribunal shall cause a notice of each order or finding made by it pursuant to this section to be published in the Canada Gazette.

Marginal note:Recommencement of inquiry

• 44 (1) Where pursuant to an application for judicial review under the Federal Courts Act or an application under section 96.1 of this Act, an order or finding of the Tribunal is set aside or is set aside in relation to particular goods, the Tribunal shall

  • (a) where the matter is referred back to the Tribunal for determination, forthwith recommence the inquiry made in respect of the goods to which the order or finding applies or in respect of the particular goods, as the case may be, and

  • (b) in any other case, decide, within thirty days after the final disposition of the application, whether or not to recommence the inquiry in respect of the goods to which the order or finding applies or in respect of the particular goods, as the case may be, and, if the Tribunal decides that the inquiry should be recommenced, forthwith recommence the inquiry,

  and a new order or finding compatible with the final disposition of the issues raised by or as a result of the application shall be made by the Tribunal with respect to the goods in respect of which the inquiry is recommenced forthwith and, in any event, not later than one hundred and twenty days after

  • (c) where paragraph (a) applies, the date on which the order or finding is set aside, and

  • (d) where paragraph (b) applies, the date on which the Tribunal decides that the inquiry should be recommenced.

• Marginal note:Idem

  (2) Where an inquiry is recommenced pursuant to subsection (1) with respect to any goods,

  • (a) the Tribunal shall without delay give notice of the recommencement of the inquiry with respect to those goods to every person to whom it forwarded, under subsection 43(2), a copy of the order or finding with respect to which the application under the Federal Courts Act was made; and

  • (b) the Tribunal shall, for the purpose of making the new order or finding referred to in subsection (1), take any further steps in the inquiry, whether by way of hearing or re-hearing any matter, the receipt of additional evidence or otherwise, that it considers necessary or advisable.

Marginal note:Initiation of inquiry if imposition of duty not in public interest

• 45 (1) If, as a result of an inquiry referred to in section 42 arising out of the dumping or subsidizing of any goods, the Tribunal makes an order or finding described in any of sections 3 to 6 with respect to those goods, the Tribunal shall, on its own initiative or on the request of an interested person that is made within the prescribed period and in the prescribed manner, initiate a public interest inquiry if the Tribunal is of the opinion that there are reasonable grounds to consider that the imposition of an anti-dumping or countervailing duty, or the imposition of such a duty in the full amount provided for by any of those sections, in respect of the goods would not or might not be in the public interest.

• Marginal note:Publication of notice

  (2) The Tribunal shall publish in the Canada Gazette notice of a decision to initiate a public interest inquiry.

• Marginal note:Consideration of prescribed factors

  (3) In a public interest inquiry, the Tribunal shall take into account any factors, including prescribed factors, that it considers relevant.

• Marginal note:Report

  (4) If, as a result of a public interest inquiry, the Tribunal is of the opinion that the imposition of an anti-dumping or countervailing duty, or the imposition of such a duty in the full amount provided for by any of sections 3 to 6, in respect of the goods would not or might not be in the public interest, the Tribunal shall without delay

  • (a) report to the Minister of Finance that it is of that opinion and provide that Minister with a statement of the facts and reasons that caused it to be of that opinion; and

  • (b) cause notice of the report to be published in the Canada Gazette.

• Marginal note:Details in report

  (5) If the Tribunal is of the opinion that the imposition of an anti-dumping or countervailing duty in the full amount would not or might not be in the public interest, the Tribunal shall, in the report referred to in paragraph (4)(a), specify either

  • (a) a level of reduction in the anti-dumping or countervailing duty provided for in any of sections 3 to 6; or

  • (b) a price or prices that are adequate to eliminate injury, retardation or the threat of injury to the domestic industry.

• Marginal note:Persons interested may make representations

  (6) If a person interested in a public interest inquiry makes a request to the Tribunal within the prescribed period and in the prescribed manner for an opportunity to make representations to the Tribunal on the question whether the Tribunal should make a report under paragraph (4)(a) with respect to any goods in respect of which the inquiry is being made, the Tribunal shall give that person an opportunity to make representations to the Tribunal on that question orally or in writing, or both, as the Tribunal directs in the case of that inquiry.