Special Import Measures Regulations

37.2 (1) In making a determination under paragraph 76.03(7)(a) of the Act, the Commissioner may consider

• (a) whether there has been dumping of goods while a finding or order in respect of the goods is in effect and, if applicable,

  • (i) the period during which the dumping occurred,

  • (ii) the volume and prices of the dumped and non-dumped goods,

  • (iii) the margin of dumping, and

  • (iv) for non-dumped goods, the amount by which the export prices exceed the normal values of the goods;

• (b) whether there has been subsidizing of goods while a finding or order in respect of the goods is in effect and, if applicable,

  • (i) the nature and duration of the foreign subsidy program in respect of the goods,

  • (ii) the period during which the subsidizing occurred,

  • (iii) the volume of the subsidized goods, and

  • (iv) the amount of subsidy;

• (c) the performance of the exporters, foreign producers, brokers and traders including, where applicable, in respect of production, capacity utilization, costs, sales volumes, prices, inventories, market share, exports and profits;

• (d) the likely future performance of the exporters, foreign producers, brokers and traders on the basis of factors, where applicable, such as production, capacity utilization, sales volumes, prices, inventories, market share, exports and profits;

• (e) the potential for the foreign producers to produce the goods in facilities that are currently used to produce other goods;

• (f) evidence of the imposition of anti-dumping or countervailing measures by the authorities of a country other than Canada in respect of goods of the same description or in respect of similar goods;

• (g) whether measures taken by the authorities of a country other than Canada are likely to cause a diversion of dumped or subsidized goods into Canada;

• (h) any changes in market conditions domestically or internationally, including changes in the supply of and demand for the goods, in sources of imports into Canada, and in prices, market share and inventories;

• (i) the imposition of anti-dumping or countervailing measures by authorities of Canada in respect of similar goods while an order or finding in respect of the goods was in effect; and

• (j) any other factors that are relevant in the circumstances.

(2) In making a determination under subsection 76.03(10) of the Act, the Tribunal may consider

• (a) the likely volume of the dumped or subsidized goods if the order or finding is allowed to expire, and, in particular, whether there is likely to be a significant increase in the volume of imports of the dumped or subsidized goods, either in absolute terms or relative to the production or consumption of like goods;

• (b) the likely prices of the dumped or subsidized goods if the order or finding is allowed to expire and their effect on the prices of like goods, and, in particular, whether the dumping or subsidizing of goods is likely to significantly undercut the prices of like goods, depress those prices, or suppress them by preventing increases in those prices that would likely have otherwise occurred;

• (c) the likely performance of the domestic industry, taking into account that industry’s recent performance, including trends in production, capacity utilization, employment levels, prices, sales, inventories, market share, exports and profits;

• (d) the likely performance of the foreign industry, taking into account that industry’s recent performance, including trends in production, capacity utilization, employment levels, prices, sales, inventories, market share, exports and profits;

• (e) the likely impact of the dumped or subsidized goods on domestic industry if the order or finding is allowed to expire, having regard to all relevant economic factors and indices, including any potential decline in output, sales, market share, profits, productivity, return on investments or utilization of production capacity, and any potential negative effects on cash flow, inventories, employment, wages, growth or the ability to raise capital;

• (f) the potential for the foreign producers to produce the goods in facilities that are currently used to produce other goods;

• (g) the potential negative effects of the dumped or subsidized goods on existing development and production efforts, including efforts to produce a derivative or more advanced version of like goods;

• (h) evidence of the imposition of anti-dumping or countervailing measures by the authorities in a country other than Canada in respect of goods of the same description or in respect of similar goods;

• (i) whether measures taken by the authorities in a country other than Canada are likely to cause a diversion of the dumped or subsidized goods into Canada;

• (j) any changes in market conditions domestically or internationally, including changes in the supply of and demand for the goods, as well as any changes in trends and in sources of imports into Canada; and

• (k) any other factors relevant in the circumstances.