Special Import Measures Act

Marginal note:Tribunal to make inquiry

• 42 (1) The Tribunal, forthwith after receipt pursuant to subsection 38(3) of a notice of a preliminary determination, shall make inquiry with respect to such of the following matters as is appropriate in the circumstances:

  • (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 reason of the fact that the dumped goods

      • (A) constitute a massive importation into Canada, or

      • (B) form part of a series of importations into Canada, which importations in the aggregate are massive and have occurred within a relatively short period of time,

      and it appears necessary to the Tribunal that duty be assessed on the imported goods in order to prevent the recurrence of that injury; and

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

    • (i) injury has been caused by reason of the fact that the subsidized goods

      • (A) constitute a massive importation into Canada, or

      • (B) form part of a series of importations into Canada, which importations in the aggregate are massive and have occurred within a relatively short period of time, and

    • (ii) a countervailing duty should be imposed on the subsidized goods in order to prevent the recurrence of that injury.

• 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: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.