Canadian International Trade Tribunal Regulations

5 (1) For the purposes of determining, during an inquiry into a matter referred to the Tribunal under paragraph 20(a) of the Act or an inquiry into a complaint referred to in paragraph 27(1)(a) to (a.2) and (a.4) to (a.97)(b) or subsection 30.28(1) of the Act, whether the goods that are the subject of the reference or complaint are being imported as set out in that provision, the Tribunal must examine, among other factors,

• (a) the actual volume of the goods 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.

(2) The Tribunal shall consider, with respect to the factor mentioned in paragraph (1)(a), whether there has been a significant increase in the importation into Canada of the goods and, where there has been, the rate and amount of such increase, either absolutely or relative to the production in Canada of like or directly competitive goods.

(3) The Tribunal shall consider, with respect to the factor mentioned in paragraph (1)(b),

• (a) whether the prices of the imported goods have significantly undercut the prices of like or directly competitive goods produced and sold in Canada; and

• (b) whether the effect of the importation into Canada of the goods has been

  • (i) to depress significantly the prices of like or directly competitive goods produced and sold in Canada, or

  • (ii) to limit to a significant degree increases in the prices of like or directly competitive goods produced and sold in Canada.

(4) The Tribunal shall evaluate, with respect to the factor mentioned in paragraph (1)(c), all relevant economic factors that have a bearing on domestic producers of like or directly competitive goods, including the actual and potential changes in the level of production, employment, sales, market share, profits and losses, productivity, return on investments, utilization of production capacity, cash flow, inventories, wages, growth or ability to raise capital or investments.