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Special Import Measures Regulations (SOR/84-927)

Regulations are current to 2020-09-09 and last amended on 2020-07-01. Previous Versions

PART IIIGeneral (continued)

Anti-circumvention Investigations (continued)

 For the purposes of paragraph 71(b) of the Act, the following factors may be considered in determining whether imports of goods to which an activity referred to in section 57.12 applies are undermining the remedial effects of the applicable order of the Governor in Council or the applicable order or finding of the Tribunal:

  • (a) the price and volume of like goods referred to in paragraph 57.12(a) sold in Canada or the price and volume of imports of like goods referred to in paragraph 57.12(b) or of slightly modified goods referred to in paragraph 57.12(c);

  • (b) whether the goods referred to in paragraph (a) are sold to consumers that otherwise may have bought goods that are subject to the applicable order of the Governor in Council or the applicable order or finding of the Tribunal;

  • (c) whether the goods referred to in paragraph (a) have the same use as goods that are subject to the applicable order of the Governor in Council or the applicable order or finding of the Tribunal; and

  • (d) any other relevant factor.

  • SOR/2018-88, s. 14

 For the purpose of paragraph 71(c) of the Act, the following factors may be considered in determining the principal cause of a change in trade pattern:

  • (a) a difference in costs in respect of

    • (i) goods that are subject to the applicable order of the Governor in Council or the applicable order or finding of the Tribunal, and

    • (ii) the like goods referred to in paragraph 57.12(a) or (b) or the slightly modified goods referred to in paragraph 57.12(c);

  • (b) the timing of when an activity referred to in section 57.12 began or substantially increased in relation to the day on which an order imposing a countervailing duty was made under section 7 of the Act or an investigation was initiated under section 31 of the Act, as the case may be;

  • (c) the sale, in a country other than Canada, of like goods referred to in paragraph 57.12(b), of parts or components referred to in paragraph 57.12(a) or (b) or of slightly modified goods referred to in paragraph 57.12(c);

  • (d) a change in consumer preferences in relation to goods referred to in subparagraph (a)(i) or (ii) or to parts or components referred to in paragraph 57.12(a);

  • (e) a change in technology related to the production of goods referred to in subparagraph (a)(i) or (ii); and

  • (f) any other relevant factor.

  • SOR/2018-88, s. 14

 For the purpose of subsection 72(3) of the Act, a complaint in respect of the alleged circumvention of an order of the Governor in Council or an order or finding of the Tribunal shall contain the following information:

  • (a) an indication of that order or that order or finding;

  • (b) an explanation of the allegations, including a description of the goods whose importation is alleged to circumvent that order or that order or finding;

  • (c) the name and civic address and, if different, postal address of the complainant, along with an indication of whether the complainant is an importer, exporter or producer of goods that are subject to that order or that order or finding or like goods in relation to those subject goods;

  • (d) the name and civic address and, if different, postal address of each domestic producer of like goods referred to in paragraph (c) and of each association of such producers, if known;

  • (e) the name and civic address and, if different, postal address of each producer, exporter and importer of goods referred to in paragraph (b), if known; and

  • (f) any other relevant information.

  • SOR/2018-88, s. 14

 For the purposes of paragraphs 73(1)(b), 75(3)(c), 75.1(1)(b) and 75.4(7)(c) of the Act, the reasons are to be published on the website of the Canada Border Services Agency.

  • SOR/2018-88, s. 14
  •  (1) For the purpose of subsection 74(1) of the Act, the statement of essential facts is to be published on the website of the Canada Border Services Agency.

  • (2) For the purpose of subsection 74(2) of the Act, seven days after the day on which that statement is published constitutes sufficient time.

  • SOR/2018-88, s. 14

 For the purpose of subsection 75.2(1) of the Act, the period for making a decision may be extended to 240 days in any of the following circumstances:

  • (a) the issues presented by the anti-circumvention investigation are complex or novel;

  • (b) it is difficult to obtain satisfactory evidence or to assess the accuracy of evidence;

  • (c) it is unusually difficult to determine whether the investigation ought to be terminated under subsection 75(1) of the Act; and

  • (d) it is difficult to consider the information and evidence in light of the variety of goods in respect of which the investigation was initiated, the number of persons involved in the investigation or any unusual difficulties.

  • SOR/2018-88, s. 14
  •  (1) For the purpose of subsection 75.6(2) of the Act, a request for an exemption from the extension of duties made by an exporter to Canada shall contain the following information:

    • (a) the name and civic address and, if different, postal address of the exporter, along with a list of associated persons in relation to the exporter;

    • (b) confirmation, along with evidence in support, that the goods for which the request for exemption is made have been sold or consigned to an importer in Canada;

    • (c) a detailed description of those goods;

    • (d) if the decision setting out a finding of circumvention in respect of the applicable amending order referred to in section 75.3 of the Act is made in respect of a prescribed activity referred to in paragraph 57.12(a), the name and civic address and, if different, the postal address of each producer of parts or components referred to in that paragraph and, if known, the name and civic address and, if different, the postal address of each person that uses those parts or components;

    • (e) if the decision setting out a finding of circumvention in respect of the applicable amending order referred to in section 75.3 of the Act is made in respect of a prescribed activity referred to in paragraph 57.12(b), the name and civic address and, if different, the postal address of any exporter or producer of parts or components used to assemble or complete those goods;

    • (f) if the decision setting out a finding of circumvention in respect of the applicable amending order referred to in section 75.3 of the Act is made in respect of a prescribed activity referred to in paragraph 57.12(c), the name and civic address and, if different, the postal address of any exporter or producer of like goods that were slightly modified such that they became goods for which the request for exemption is made;

    • (g) an indication of the applicable amending order referred to in section 75.3 of the Act; and

    • (h) arguments in support of the request, along with supporting evidence.

  • (2) A request for an exemption shall be delivered to the Canada Border Services Agency at the address specified on its website.

  • SOR/2018-88, s. 14

Number of Copies of Written Submissions

 A person who is making a written submission for the purposes of the Act shall submit the number of copies specified by an officer.

  • SOR/96-255, s. 23
 
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