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Canadian International Trade Tribunal Regulations (SOR/89-35)

Regulations are current to 2019-08-28 and last amended on 2018-04-26. Previous Versions

Factors to Be Examined (continued)

 For the purposes of determining, during an inquiry into a matter referred to the Tribunal pursuant to paragraph 30.21(1)(a) of the Act or an inquiry into a complaint referred to in subsection 30.22(6) of the Act, whether the goods originating in the People’s Republic of China that are the subject of the reference or complaint are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, the Tribunal shall examine, among other factors,

  • (a) the actual volume of the goods originating in the People’s Republic of China that are imported into Canada;

  • (b) the effect of the imported goods on prices of like or directly competitive goods in Canada; and

  • (c) the impact of the imported goods on domestic producers of like or directly competitive goods in Canada.

  • SOR/2002-347, s. 3

 For the purposes of determining, during an inquiry into a matter referred to the Tribunal pursuant to paragraph 30.21(1)(b) of the Act or an inquiry into a complaint referred to in subsection 30.23(6) of the Act, whether an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, the Tribunal shall examine, among other factors and to the extent that evidence is reasonably available to support such examination,

  • (a) the actual or imminent increase in market share of goods originating in the People’s Republic of China in Canada;

  • (b) the nature or extent of the action;

  • (c) the actual or imminent increase in the importation of goods originating in the People’s Republic of China that is due to the action;

  • (d) the conditions of supply and demand in the domestic market for the like or directly competitive goods; and

  • (e) the volume of the goods originating in the People’s Republic of China that are imported into Canada and into any WTO Member taking an action.

  • SOR/2002-347, s. 3

 For the purpose of determining, during an inquiry into an extension request referred to in subsection 30.08(1) of the Act, whether an order continues to be necessary to prevent or remedy serious injury, the Tribunal shall review recent developments in the domestic and world markets relating to goods that are like or directly competitive with the goods that are the subject of the order and evaluate the likely effects of the termination of the existing order on the basis of, among others, the factors set out in section 5.

  • SOR/95-12, s. 4

 For the purpose of determining, during an inquiry referred to in subsection 30.25(10) of the Act, whether the order referred to in subsection 30.25(1) of the Act continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods, the Tribunal shall review recent developments in the domestic market and in the market of the People’s Republic of China relating to goods that are like or directly competitive with the goods that are the subject of the order and evaluate the likely effects of the termination of the existing order on the basis of, among others, the factors set out in section 5.1.

  • SOR/2002-347, s. 4

 For the purpose of determining, during an inquiry into an extension request referred to in subsection 30.08(1) of the Act, whether there is evidence that domestic producers of like or directly competitive goods are adjusting, the Tribunal shall take into account evidence of measures undertaken or planned by domestic producers of like or directly competitive goods, such as measures to

  • (a) increase productivity;

  • (b) improve the product, its marketing or its servicing; or

  • (c) rationalize production.

  • SOR/95-12, s. 4
 
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