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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)

Joinder of Investigations and Proceedings (continued)

  •  (1) An investigation referred to in paragraph 38(c) is not to be joined with another investigation under that paragraph if a preliminary determination of dumping or subsidizing has been made in respect of at least one of those investigations.

  • (2) An investigation referred to in paragraph 38(g) or (i) is not to be joined with another investigation or proceeding under that paragraph if a statement of essential facts has been published in respect of at least one of those investigations.

  • SOR/2000-138, s. 7
  • SOR/2018-88, s. 4
  •  (1) If complaints are joined under paragraph 38(a), the President shall cause written notice of the joinder to be provided to the complainants and government of each country of export involved in the complaints.

  • (2) If preliminary inquiries are joined under paragraph 38(b), the Tribunal shall cause written notice of the joinder to be provided to the President and the complainants, importers, exporters and government of each country of export involved in the inquiries.

  • (3) If investigations are joined under paragraph 38(c), the President shall cause written notice of the joinder to be provided to the Tribunal and the complainants, importers, exporters and government of each country of export involved in the investigations.

  • (4) If applications or complaints are joined under paragraph 38(d), (f) or (h), the President shall cause written notice of the joinder to be provided to the complainants and applicants involved in them.

  • (5) If proceedings or investigations are joined under paragraph 38(e), (g) or (i), the President shall cause written notice of the joinder to be provided to the complainants, applicants, importers, exporters, government of each country of export and domestic producers involved in them.

  • SOR/2000-138, s. 7
  • SOR/2015-27, s. 10
  • SOR/2018-88, s. 4

Public Interest Inquiry

  •  (1) A request referred to in subsection 45(1) of the Act shall be made in writing to the Tribunal within 45 days after the issuance of an order or finding by the Tribunal under section 43 of the Act.

  • (2) A request referred to in subsection 45(1) of the Act shall

    • (a) include the name, address for service, telephone number and, if any, the facsimile number and electronic mail address of the requester and of the requester’s counsel, if any, and be signed by the requester or by the requester’s counsel, if any;

    • (b) include a statement of the public interest affected by the imposition of an anti-dumping or countervailing duty indicating the degree to which it is affected;

    • (c) include sufficient information as to whether the imposition of an anti-dumping or countervailing duty would not or might not be in the public interest;

    • (d) address all relevant factors, including, where applicable,

      • (i) the availability of goods of the same description from countries or exporters to which the order or finding does not apply,

      • (ii) the effect that the imposition of an anti-dumping or countervailing duty has had or is likely to have on competition in the domestic market,

      • (iii) the effect that the imposition of an anti-dumping or countervailing duty has had or is likely to have on producers in Canada that use the goods as inputs in the production of other goods and in the provision of services,

      • (iv) the effect that the imposition of an anti-dumping or countervailing duty has had or is likely to have on competition by limiting access to goods that are used as inputs in the production of other goods and in the provision of services, or by limiting access to technology,

      • (v) the effect that the imposition of an anti-dumping or countervailing duty has had or is likely to have on the choice or availability of goods at competitive prices for consumers, and

      • (vi) the effect that the non-imposition of an anti-dumping or countervailing duty, or the non-imposition of such a duty in the full amount provided for in sections 3 to 6 of the Act is likely to have on domestic producers of inputs, including primary commodities, used in the production of like goods; and

    • (e) include any other information that is relevant in the circumstances.

  • (3) For the purposes of subsection 45(3) of the Act, the following factors are prescribed:

    • (a) whether goods of the same description are readily available from countries or exporters to which the order or finding does not apply;

    • (b) whether imposition of an anti-dumping or countervailing duty in the full amount

      • (i) has eliminated or substantially lessened or is likely to eliminate or substantially lessen competition in the domestic market in respect of goods,

      • (ii) has caused or is likely to cause significant damage to producers in Canada that use the goods as inputs in the production of other goods and in the provision of services,

      • (iii) has significantly impaired or is likely to significantly impair competitiveness by

        • (A) limiting access to goods that are used as inputs in the production of other goods and in the provision of services, or

        • (B) limiting access to technology, or

      • (iv) has significantly restricted or is likely to significantly restrict the choice or availability of goods at competitive prices for consumers or has otherwise caused or is otherwise likely to cause them significant harm; and

    • (c) whether non-imposition of an anti-dumping or countervailing duty or the non-imposition of such a duty in the full amount provided for in sections 3 to 6 of the Act is likely to cause significant damage to domestic producers of inputs, including primary commodities, used in the domestic manufacture or production of like goods.

    • (d) [Repealed, SOR/2015-27, s. 5]

  • (4) A request by a person referred to in subsection 45(6) of the Act to make representations to the Tribunal on the question referred to in that subsection shall be made in writing and filed with the Tribunal within 21 days after the date of publication of the notice referred to in subsection 45(2) of the Act.

  • (5) A request made by a person under subsection (4) shall outline the person’s interest in the inquiry and shall give the name, address for service, telephone number, and, if any, the facsimile number and electronic-mail address of the person and of the person’s counsel, if any.

  • SOR/2000-138, s. 7
  • SOR/2015-27, s. 5
  • SOR/2018-88, s. 5

Person Interested

 For the purpose of subsection 45(6) of the Act, person interested means

  • (a) a person who is engaged in the production, sale or export of any goods that are the subject of an investigation;

  • (b) a person who is engaged in the purchase or import of any goods that are the subject of an investigation, or a trade union that represents persons employed in such purchase or import or an association that includes such trade unions;

  • (c) a person who is engaged in the production, purchase or sale of any goods produced in Canada that are like goods in relation to any goods that are the subject of an investigation, or a trade union that represents persons employed in such production, purchase or sale or an association that includes such trade unions;

  • (d) a person who is engaged in the production or sale of any goods produced in Canada that are used in the production of like goods in relation to any goods that are the subject of an investigation, or a trade union that represents persons employed in such production or sale or an association that includes such trade unions;

  • (e) a person who is acting on behalf of a person referred to in any of paragraphs (a) to (d) or a trade union or association referred to in any of paragraphs (b) to (d);

  • (f) a person who is required or authorized by any Act of Parliament or of the legislature of a province to make representations to the Tribunal on the question referred to in subsection 45(6) of the Act;

  • (g) a person who is a user of any goods that are like goods in relation to any goods that are the subject of an investigation, or a trade union that represents persons employed by such a user or an association that includes such trade unions; or

  • (h) an association whose purpose includes to advocate for consumer interests in Canada.

  • SOR/2000-138, s. 8
  • SOR/2018-88, s. 6

 For the purposes of subsection 89(1) and section 95 of the Act, a person referred to in paragraphs 41(a) to (c) of these Regulations is a person interested in the question as to which of two or more persons is the importer in Canada where that question arises under the Act.

Fee Payable

 The fees that are payable under section 83 of the Act for the copying of information, and the fees that are payable for the copying of information that is disclosed under subsection 84(3) of the Act, shall be as follows:

  • (a) for photocopying a page with the dimensions of not more than 21.5 cm by 35.5 cm, $0.20 per page;

  • (b) for microfiche duplication, non-silver, $0.40 per fiche;

  • (c) for 16 mm microfilm duplication, non-silver, $12 per 30.5 mm roll;

  • (d) for 35 mm microfilm duplication, non-silver, $14 per 30.5 mm roll;

  • (e) for microform-to-paper duplication, $0.25 per page;

  • (f) for magnetic tape-to-tape duplication, $25 per 731.5 mm reel;

  • (g) for personal computer magnetic diskette duplication, $2 per diskette (all sizes); and

  • (h) for compact disk duplication, $20 per disk.

  • SOR/89-578, s. 1
  • SOR/2000-138, s. 9
 
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