Special Import Measures Act

Marginal note:Where both anti-dumping duty and countervailing duty payable on goods

10 Where both an anti-dumping duty and a countervailing duty are required by this Act to be levied, collected and paid on any goods imported into Canada and all or any portion of the margin of dumping of the goods is, in the opinion of the Commissioner, attributable to an export subsidy in respect of which a countervailing duty is required by any of sections 3, 4, 6 and 7 to be levied, collected and paid, the anti-dumping duty is, notwithstanding sections 3 to 5, leviable, collectable and payable under this Act in respect of the goods only as follows:

• (a) where the whole of the margin of dumping of the goods is, in the opinion of the Commissioner, attributable to the export subsidy, no anti-dumping duty is leviable, collectable or payable on the imported goods; and

• (b) where a portion only of the margin of dumping of the imported goods is, in the opinion of the Commissioner, attributable to the export subsidy, an anti-dumping duty is leviable, collectable and payable on the imported goods only in an amount equal to that portion of the margin of dumping of the goods that is not, in the opinion of the Commissioner, attributable to the export subsidy.