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An Act to amend the
Special Import Measures Act and the Canadian International Trade
Tribunal Act
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Her Majesty, by and with
the advice and consent of the Senate and House of Commons of
Canada, enacts as follows:
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R.S., c. S-15; R.S., c. 23
(1st Supp.), c. 1 (2nd Supp.), c. 41 (3rd Supp.), c. 47 (4th
Supp.); 1988, c. 65; 1990, c. 8; 1993, c. 44; 1994, cc. 13, 47;
1997, c. 14 |
SPECIAL IMPORT MEASURES
ACT |
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1994, c. 47, s. 144(2)
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1. (1) The definition
"order or finding'' in subsection 2(1) of the Special Import
Measures Act is replaced by the following:
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"order or finding''
« ordonnance ou conclusions » |
"order or finding'', in
relation to the Tribunal, |
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(a) means an order
or finding made by the Tribunal under section 43 or 44 that has
not been rescinded under any of sections 76.01 to 76.1 and
subsection 91(3) but, if the order or finding has been amended one
or more times under any of sections 76.01 to 76.1, as last so
amended, and
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(b) includes, for
the purposes of sections 3 to 6 and 76 to 76.1, an order or
finding made by the Tribunal under subsection 91(3) that has not
been rescinded under any of sections 76.01 to 76.1 but, if the
order or finding has been amended one or more times under any of
sections 76.01 to 76.1, as last so amended; |
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1994, c. 47, s. 144(3)
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(2) The definition "branche
de production nationale'' in subsection 2(1) of the French version
of the Act is replaced by the following:
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« branche de production
nationale »
"domestic industry''
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« branche de production
nationale » Sauf pour l'application de l'article 31 et sous
réserve du paragraphe (1.1), l'ensemble des producteurs nationaux
de marchandises similaires ou les producteurs nationaux dont la
production totale de marchandises similaires constitue une
proportion majeure de la production collective nationale des
marchandises similaires. Peut toutefois en être exclu le
producteur national qui est lié à un exportateur ou à un
importateur de marchandises sous-évaluées ou subventionnées, ou
qui est lui-même un importateur de telles marchandises.
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1994, c. 47, s. 144(2)
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(3) Subparagraph (b)(i)
of the definition "properly documented'' in subsection 2(1) of the
Act is replaced by the following:
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(i) the information that
is available to the complainant to support the facts referred to
in subparagraph (a)(ii), |
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(4) Paragraph (b)
of the definition "subsidized goods'' in subsection 2(1) of the
Act is replaced by the following:
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(b)
goods that are disposed of by the government of a country other
than Canada for less than fair market value, |
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1994, c. 47, s. 144(2)
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(5) Paragraph (a)
of the definition "subsidy'' in subsection 2(1) of the Act is
replaced by the following:
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(a) a financial
contribution by a government of a country other than Canada in any
of the circumstances outlined in subsection (1.6) that confers a
benefit to persons engaged in the production, manufacture, growth,
processing, purchase, distribution, transportation, sale, export
or import of goods, but does not include the amount of any duty or
internal tax imposed by the government of the country of origin or
country of export on
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(i) goods that, because of
their exportation from the country of export or country of origin,
have been exempted or have been or will be relieved by means of
remission, refund or drawback,
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(ii) energy, fuel, oil and
catalysts that are used or consumed in the production of exported
goods and that have been exempted or have been or will be relieved
by means of remission, refund or drawback, or
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(iii) goods incorporated
into exported goods and that have been exempted or have been or
will be relieved by means of remission, refund or drawback, or |
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(6) Subsection 2(1) of the
Act is amended by adding the following in alphabetical order:
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"country''
« pays » |
"country'', unless the
context requires otherwise, includes |
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(a) an external or
dependent territory of a country and any other territory
prescribed by regulation made by the Governor in Council, and
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(b) except for the
purposes of proceedings respecting the dumping of goods, a customs
union; |
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1994, c. 47, s. 145(1)
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2. (1) The portion of
subsection 3(1) of the Act before paragraph (a) is replaced
by the following:
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Anti-dumping and
countervailing
duty |
3.
(1) Subject to section 7.1, there shall be levied, collected and
paid on all dumped and subsidized goods imported into Canada in
respect of which the Tribunal has made an order or finding, before
the release of the goods, that the dumping or subsidizing of goods
of the same description has caused injury or retardation, is
threatening to cause injury or would have caused injury or
retardation except for the fact that provisional duty was applied
in respect of the goods, a duty as follows: |
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1994, c. 47, s. 145(2)
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(2) Subsection 3(2) of the
Act is replaced by the following:
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Duty where undertaking
violated
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(2) If the Tribunal has
made an order or finding referred to in subsection (1) in respect
of goods that are subject to an undertaking referred to in section
7.1 and the undertaking is subsequently terminated under paragraph
52(1)(d), there shall be levied, collected and paid a duty
as provided under paragraphs (1)(a) and (b) on all
of those goods that were
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(a) if paragraph
52(1)(a) applies, released on or after the later of
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(i) the day on which the
undertaking was violated, and
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(ii) the ninetieth day
before the day on which notice of termination was given under
paragraph 52(1)(e); and
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(b) if paragraph
52(1)(b) or (c) applies, released on or after the
day on which notice of termination was given under paragraph
52(1)(e). |
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1993, c. 44, s. 202
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3. (1) The portion of
subsection 8(1.1) of the Act before paragraph (a) is
replaced by the following:
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Duty imposed on referral
back |
(1.1) If an order or
finding of the Tribunal under subsection 43(1), 76.02(4)
respecting a review under subsection 76.02(1), or 91(3), other
than an order or finding described in any of sections 3 to 6, is
referred back to the Tribunal under subsection 77.015(3) or (4) or
77.019(5), or under subsection 77.15(3) or (4) or 77.19(4), the
importer of dumped or subsidized goods that are of the same
description as any goods to which the order or finding applies and
that are released during the period beginning on the day on which
the preliminary determination is made under subsection 38(1) and
ending on the day on which the Tribunal makes an order or finding,
on the referral back, with respect to goods of that description,
shall, on demand of the Deputy Minister for payment of provisional
duty on the imported goods, at the option of the importer,
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(2) Section 8 of the Act
is amended by adding the following after subsection (1.1):
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Imposition of provisional
duties
on referral back from
Federal Court of Appeal |
(1.2) If an order or
finding of the Tribunal under subsection 43(1), 76.02(4)
respecting a review under subsection 76.02(1), or 91(3), other
than an order or finding described in any of sections 3 to 6, is
referred back to the Tribunal by the Federal Court of Appeal, the
importer of dumped or subsidized goods that are of the same
description as any goods to which the order or finding applies and
that are released during the period beginning on the day on which
the preliminary determination under subsection 38(1) is made and
ending on the day on which the Tribunal makes an order or finding,
on the referral back, with respect to goods of that description,
shall, on demand of the Deputy Minister for payment of provisional
duty on the imported goods, at the option of the importer,
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(a) pay or cause to
be paid on the imported goods provisional duty in an amount not
greater than the estimated margin of dumping of, or the estimated
amount of subsidy on, the imported goods; or
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(b) post or cause
to be posted security in the prescribed form and in an amount or
to a value not greater than the estimated margin of dumping of, or
the estimated amount of subsidy on, the imported goods. |
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1988, c. 65, s. 26(2)
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(3) The portion of
subsection 8(2) of the Act before paragraph (a) is replaced
by the following:
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Return of provisional duty
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(2) Any provisional duty
paid or security posted under subsection (1), (1.1) or (1.2) by or
on behalf of an importer in respect of the importation of dumped
or subsidized goods of any description shall |
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1994, c. 47, s. 149(4)
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(4) The portion of
subsection 8(6) of the Act before paragraph (a) is replaced
by the following:
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Resumption of collection
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(6) If the Deputy Minister
terminates an undertaking under subsection 51(1) or 52(1) with
respect to dumped or subsidized goods, the collection of
provisional duties on those goods is resumed and the importer of
dumped or subsidized goods that are of the same description as any
goods to which the preliminary determination under subsection
38(1) applied and that are released during the period beginning on
the day on which the undertaking was terminated and ending on the
earlier of |
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1993, c. 44, s. 206
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4. Subsection 9.4(1) of
the Act is replaced by the following:
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Duty reimposed on referral
back |
9.4
(1) If an order of the Tribunal under subsection 76.01(5) or
paragraph 76.03(12)(a) rescinding an order or finding
described in any of sections 3 to 6 is referred back to the
Tribunal under subsection 77.015(3) or (4) or 77.019(5), or under
subsection 77.15(3) or (4) or 77.19(4), the importer of dumped or
subsidized goods that are of the same description as any goods to
which the rescinded order or finding applied and that are released
on or after the day on which the order of the panel referring the
rescinding order or finding back is made, shall pay or cause to be
paid duty on the imported goods as if the rescinded order or
finding had not been rescinded.
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5. Subsection 12(2) of the
Act is replaced by the following:
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Return of duty
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(2) If the Deputy Minister
is satisfied that, because of a clerical or arithmetical error, an
amount has been paid as duty in respect of goods that was not
properly payable, the Deputy Minister shall return that amount to
the importer or owner of the goods by or on whose behalf it was
paid. |
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1994, c. 47, s. 151
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6. (1) Subsection 13.2(1)
of the Act is replaced by the following:
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Request for review
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13.2
(1) An exporter to Canada or producer of any goods to which an
order or finding referred to in section 3 applies may request that
the Deputy Minister review the normal value, export price or
amount of subsidy in relation to those goods if the exporter or
producer
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(a) establishes
that they are not associated with any exporter who is in the same
country as the goods that are subject to the order or finding and
who had been given notice under subparagraph 34(1)(a)(i);
and
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(b) has not
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(i) been given notice
under subparagraph 34(1)(a)(i), paragraph 38(3)(a)
or subsection 41(3) in respect of the goods, or
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(ii) been requested to
provide information in relation to those goods or in relation to
any goods that are of the same description as those goods for the
purposes of this Act. |
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1994, c. 47, s. 151
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(2) Subsection 13.2(5) of
the Act is replaced by the following:
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Confirmation, etc., deemed
to be a re-
determination |
(5) A confirmation or
amendment of a normal value, export price or amount of subsidy
under subsection (3) is, for the purposes of paragraph 57(b),
deemed to be a re-determination of a normal value, export price or
amount of subsidy, as the case may be, by a designated officer
referred to in that paragraph. |
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7. Section 20 of the Act
is renumbered as subsection 20(1) and is amended by adding the
following:
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Limitation
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(2) The Deputy Minister
may not designate a country under paragraph (1)(d) if
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(a) the like goods
of that country are also the subject of investigation under this
Act, unless the Deputy Minister is of the opinion that those goods
are not dumped goods; or
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(b) in the opinion
of the Deputy Minister, the price of the like goods imported into
Canada has been significantly influenced by a country described in
paragraphs (1)(a) and (b).
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8. (1) The portion of
subsection 21(1) of the Act before paragraph (a) is
replaced by the following:
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Credit sales o f like
goods |
21.
(1) Where any sale of like goods referred to in section 17,
paragraph 19(a), subparagraph 20(1)(c)(i) or
paragraph 20(1)(d) was made on credit terms other than cash
discounts, the price for which the like goods were sold is deemed,
for the purpose of that provision, to be an amount equal to the
quotient obtained when
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(2) Section 21 of the Act
is amended by adding the following after subsection (1):
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Adjustment of unit price
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(1.1) The unit price
arrived at under subsection (1) shall be adjusted in the
prescribed manner and circumstances to reflect the differences in
terms and conditions of sale, taxation and other matters that
relate to price comparability between the goods sold to the
importer in Canada and the like goods sold. |
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9. Paragraph 26(a)
of the Act is replaced by the following:
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(a) the indemnity,
payment or reimbursement is deemed not to be a compensatory
arrangement referred to in subparagraph 25(1)(b)(ii); and |
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10. Section 27 of the Act
is amended by adding the following after subsection (1):
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Adjustment of unit price
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(1.1) The unit price
arrived at under subsection (1) shall be adjusted in the
prescribed manner and circumstances. |
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11. Paragraph 30(2)(b)
of the Act is replaced by the following:
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(b) would, but for
this section, have a normal value as computed under sections 15 to
23 or section 29 that is less than the normal value would be if
the country of export were the country of origin, |
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1994, c. 47, s. 159
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12. Section 30.1 of the
Act is replaced by the following:
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Determination of margin of
dumping in respect of a country |
30.1
For the purposes of subparagraphs 35(1)(a)(ii), 38(1)(a)(i)
and 41(1)(a)(ii) and paragraphs 41.1(1)(a) and (2)(a),
the margin of dumping in relation to goods of a particular country
is the weighted average of the margins of dumping determined in
accordance with section 30.2. |
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1994, c. 47, s. 159
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13. Subsections 30.2(1)
and (2) of the English version of the Act are replaced by the
following:
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Margin of dumping re
goods of an exporter |
30.2
(1) Subject to subsection (2), the margin of dumping in relation
to any goods of a particular exporter is zero or the amount
determined by subtracting the weighted average export price of the
goods from the weighted average normal value of the goods,
whichever is greater.
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If variation in price
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(2) The Deputy Minister
may determine the margin of dumping in relation to any goods of a
particular exporter to be the weighted average of the margins of
dumping in relation to the goods of that exporter that are sold in
any individual sales of goods of that exporter that the Deputy
Minister considers relevant if, in the opinion of the Deputy
Minister, there are significant variations in the prices of goods
of that exporter among purchasers, regions in Canada or time
periods. |
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1994, c. 47, s. 159
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14. Subsection 30.3(1) of
the Act is replaced by the following:
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Margin of dumping based on
sample |
30.3
(1) The Deputy Minister may, if the Deputy Minister is of the
opinion that it would be impracticable to determine a margin of
dumping in relation to all goods under consideration because of
the number of exporters, producers or importers, the variety or
volume of goods or any other reason, determine margins of dumping
in relation to
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(a) the largest
percentage of goods of each of the countries whose goods are under
consideration that, in the opinion of the Deputy Minister, can
reasonably be investigated; or
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(b) samples of the
goods of each of the countries whose goods are under consideration
that, in the opinion of the Deputy Minister based on the
information available at the time of selection, are statistically
valid. |
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1994, c. 47, s. 160
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15. (1) Subsections 31(2)
and (3) of the Act are replaced by the following:
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Standing
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(2) No investigation may
be initiated under subsection (1) as a result of a complaint
unless
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(a) the complaint
is supported by domestic producers whose production represents
more than fifty per cent of the total production of like goods by
those domestic producers who express either support for or
opposition to the complaint; and
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(b) the production
of the domestic producers who support the complaint represents
twenty-five per cent or more of the total production of like goods
by the domestic industry.
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Meaning of "domestic
producers'' |
(2.1) For the purpose of
paragraph (2)(a), if a domestic producer is an importer of,
or is related to an exporter or importer of, allegedly dumped or
subsidized goods, "domestic producers'' may, subject to subsection
2(1.1), be interpreted as meaning the rest of those domestic
producers.
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Meaning of "domestic
industry''
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(3) In paragraph (2)(b),
domestic industry means, subject to subsection 2(1.1), the
domestic producers as a whole of the like goods except that, if a
domestic producer is related to an exporter or importer of
allegedly dumped or subsidized goods, or is an importer of such
goods, "domestic industry'' may be interpreted as meaning the rest
of those domestic producers. |
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1994, c. 47, s. 160
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(2) The portion of
subsection 31(4) of the Act before paragraph (a) is
replaced by the following:
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Producers related
to exporters or importers
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(4) For the purposes of
subsections (2.1) and (3), a domestic producer is related to an
exporter or importer if |
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R.S., c. 47 (4th Supp.),
s. 52 (Sch., item 10(3))
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16. Subsection 32(3) of
the Act is replaced by the following:
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Deemed complaint
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(3) If a written complaint
filed with the Tribunal under subsection 23(1) of the Canadian
International Trade Tribunal Act is referred to the Deputy
Minister under subsection 26(4) or 28(1) of that Act, the Deputy
Minister is deemed to have received a written complaint described
in subsection (1). |
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1994, c. 47, ss. 164, 165
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17. Sections 34 and 35 of
the Act are replaced by the following:
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Notice of investigation
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34.
(1) If the Deputy Minister causes an investigation to be initiated
respecting the dumping or subsidizing of goods, the Deputy
Minister shall
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(a) in the case of
an investigation initiated under any provision of this Act other
than section 7, cause notice of the investigation
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(i) to be given to the
Secretary, the exporter, the importer, the government of the
country of export, the complainant, if any, and any other
prescribed persons, and
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(ii) to be published in
the Canada Gazette; and
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(b) without delay
provide the Tribunal with the information and material with
respect to the matter that is required under the Tribunal's rules.
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Tribunal to make
preliminary
inquiry
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(2) The Tribunal shall,
without delay after receipt by the Secretary under subparagraph
(1)(a)(i) of a notice of an initiation of an investigation,
make a preliminary inquiry (which need not include an oral
hearing) into whether the evidence discloses a reasonable
indication that the dumping or subsidizing of the goods has caused
injury or retardation or is threatening to cause injury.
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Termination of
investigation or inquiry |
35.
(1) The Deputy Minister shall act under subsection (2) and the
Tribunal shall act under subsection (3) if, at any time before the
Deputy Minister makes a preliminary determination under subsection
38(1) in respect of goods of a country or countries,
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(a) the Deputy
Minister is satisfied in respect of some or all of those goods
that
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(i) there is insufficient
evidence of dumping or subsidizing to justify proceeding with the
investigation,
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(ii) the margin of dumping
of, or the amount of subsidy on, the goods of that country or of
any of those countries is insignificant, or
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(iii) the actual and
potential volume of dumped or subsidized goods is negligible; or
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(b) the Tribunal
comes to the conclusion in respect of some or all of those goods
that the evidence does not disclose a reasonable indication that
the dumping or subsidizing of the goods has caused injury or
retardation or is threatening to cause injury.
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Duty of Deputy Minister
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(2) The Deputy Minister
shall |
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(a) cause the
investigation to be terminated with respect to the goods in
respect of which the Deputy Minister is so satisfied or the
Tribunal has come to that conclusion; and
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(b) cause notice of
the termination to be
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(i) given to the
Secretary, the exporter, the importer, the government of the
country of export, the complainant, if any, and any prescribed
persons, and
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(ii) published in the
Canada Gazette.
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Duty of Tribunal
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(3) The Tribunal shall
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(a) cause the
preliminary inquiry to be terminated with respect to the goods in
respect of which the Deputy Minister is so satisfied or the
Tribunal has come to that conclusion; and
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(b) cause notice of
the termination to be
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(i) given to the Deputy
Minister, the exporter, the importer, the government of the
country of export, the complainant, if any, and any prescribed
persons, and
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(ii) published in the
Canada Gazette. |
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1997, c. 14, s. 90
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18. (1) Subsection 35.1(1)
of the Act is amended by striking out the word "and'' at the end
of paragraph (a) and by replacing paragraph (b) with
the following:
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(b) the Tribunal
shall cause any preliminary inquiry initiated under subsection
34(2) to be terminated to the extent that it relates to the
dumping of those goods; and
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(c) all related
proceedings are terminated to the extent that they relate to the
dumping of those goods. |
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1997, c. 14, s. 90
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(2) The portion of
subsection 35.1(2) of the Act before paragraph (a) is
replaced by the following:
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Notice of termination
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(2) The Deputy Minister or
the Tribunal, as the case may be, shall cause notice of the
termination |
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1994, c. 47, s. 165
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19. Section 36 of the Act
is repealed.
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20. The portion of section
37 of the Act before paragraph (a) is replaced by the
following:
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Tribunal to give advice
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37.
If a reference is made to the Tribunal under section 33 on any
question in relation to any matter before the Deputy Minister,
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21. The heading before
section 38 of the Act is replaced by the following:
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Preliminary Determination
of Injury or of Dumping or Subsidizing |
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Preliminary determination
of injury |
37.1
(1) On or before the sixtieth day after the initiation of an
investigation under section 31, the Tribunal shall make, with
respect to the goods in respect of which the investigation has not
been terminated under section 35, a preliminary determination that
there is evidence that discloses a reasonable indication that the
dumping or subsidizing has caused injury or retardation or is
threatening to cause injury.
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Notification
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(2) The Tribunal shall
cause notice of the preliminary determination to be
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(a) given to the
Deputy Minister, the exporter, the importer, the government of the
country of export, the complainant, if any, and any prescribed
persons; and
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(b) published in
the Canada Gazette. |
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1994, c. 47, s. 166(1)
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22. (1) The portion of
subsection 38(1) of the Act before paragraph (a) is
replaced by the following:
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Preliminary determination
of dumping or subsidizing |
38.
(1) Subject to section 39, after the sixtieth and on or before the
ninetieth day after the initiation of an investigation under
section 31, the Deputy Minister shall make a preliminary
determination of dumping or subsidizing with respect to the goods
in respect of which the investigation has not been terminated
under section 35 after estimating and specifying, in relation to
each exporter of goods in respect of which the investigation is
made, as follows: |
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(2) Paragraph 38(1)(c)
of the English version of the Act is replaced by the following:
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(c) in the case of
dumped or subsidized goods, specifying the name of the person the
Deputy Minister believes, on the information available to the
Deputy Minister at the time the Deputy Minister makes the estimate
referred to in subparagraph (a)(i) or (b)(i), as the
case may be, is the importer in Canada of the goods. |
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1994, c. 47, para. 186(a)
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23. The portion of
subsection 39(1) of the Act before paragraph (a) is
replaced by the following:
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Time extended
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39.
(1) If, in any investigation respecting the dumping or subsidizing
of goods, the Deputy Minister, before the expiration of the ninety
days referred to in subsection 38(1), causes written notice to be
given to the persons and the government referred to in paragraph
34(1)(a) that by reason of |
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24. Section 40 of the Act
is repealed.
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1994, c. 47, s. 167(1)
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25. (1) The portion of
subsection 41(1) of the Act before paragraph (a) is
replaced by the following:
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Final determination or
termination |
41.
(1) Within ninety days after making a preliminary determination
under subsection 38(1) in respect of goods of a country or
countries, the Deputy Minister shall |
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1994, c. 47, s. 167(1)
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(2) The portion of
paragraph 41(1)(a) of the Act before subparagaph (iii) is
replaced by the following:
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(a) if, on the
available evidence, the Deputy Minister is satisfied, in relation
to the goods of that country or countries in respect of which the
investigation is made, that
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(i) the goods have been
dumped or subsidized, and
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(ii) the margin of dumping
of, or the amount of subsidy on, the goods of that country or of
any of those countries is not insignificant, |
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make a final determination
of dumping or subsidizing with respect to the goods after
specifying, in relation to each exporter of goods of that country
or countries in respect of which the investigation is made as
follows: |
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(3) Subsection 41(2) of
the Act is replaced by the following:
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Exception
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(2) The Deputy Minister
shall not specify anything under clause (1)(a)(iv)(C) if
the Deputy Minister is of the opinion that, having regard to the
country that is providing the export subsidy, the nature of the
goods and the circumstances under which the export subsidy is
provided, provision of the export subsidy in relation to those
goods is not inconsistent with that country's obligations under
the international agreement known as the General Agreement on
Tariffs and Trade, 1994. |
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1994, c. 47, s. 169
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26. (1) The portion of
subsection 42(3) of the Act before paragraph (a) is
replaced by the following:
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Assessment of cumulative
effect |
(3) In making or resuming
its inquiry under subsection (1), the Tribunal shall make an
assessment of the cumulative effect of the dumping or subsidizing
of goods to which the preliminary determination applies that are
imported into Canada from more than one country if the Tribunal is
satisfied that |
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1994, c. 47, s. 169
|
(2) Paragraph 42(3)(b)
of the French version of the Act is replaced by the following:
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b)
l'évaluation des effets cumulatifs est indiquée compte tenu des
conditions de concurrence entre les marchandises, visées par la
décision provisoire, importées au Canada en provenance d'un ou de
plusieurs de ces pays et :
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(i) soit les marchandises,
visées par la décision provisoire, importées au Canada en
provenance d'un ou de plusieurs autres de ces pays,
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(ii) soit les marchandises
similaires des producteurs nationaux. |
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(3) Section 42 of the Act
is amended by adding the following after subsection (4):
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Termination of inquiry if
volume is negligible |
(4.1) If the Tribunal
determines that the volume of dumped or subsidized goods from a
country is negligible, the Tribunal shall terminate its inquiry in
respect of those goods. |
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(4) Section 42 of the Act
is amended by adding the following after subsection (5):
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Volume of
dumped or subsidized goods
|
(6) For the purposes of
this section, the volume of dumped or subsidized goods from a
country is deemed to include the volume of goods of the country
that are of the same description and are the subject of a sale for
export to Canada. |
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27. Section 45 of the Act
is replaced by the following:
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Initiation of
inquiry if
imposition of duty not in
public
interest
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45.
(1) If, as a result of an inquiry referred to in section 42
arising out of the dumping or subsidizing of any goods, the
Tribunal makes an order or finding described in any of sections 3
to 6 with respect to those goods, the Tribunal shall, on its own
initiative or on the request of an interested person that is made
within the prescribed period and in the prescribed manner,
initiate a public interest inquiry if the Tribunal is of the
opinion that there are reasonable grounds to consider that the
imposition of an anti-dumping or countervailing duty, or the
imposition of such a duty in the full amount provided for by any
of those sections, in respect of the goods would not or might not
be in the public interest.
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Publication of
notice
|
(2) The Secretary shall
publish in the Canada Gazette notice of a decision to
initiate a public interest inquiry.
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Consideration of
prescribed factors |
(3) In a public interest
inquiry, the Tribunal shall take into account any factors,
including prescribed factors, that it considers relevant.
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Report |
(4) If, as a result of a
public interest inquiry, the Tribunal is of the opinion that the
imposition of an anti-dumping or countervailing duty, or the
imposition of such a duty in the full amount provided for by any
of sections 3 to 6, in respect of the goods would not or might not
be in the public interest, the Tribunal shall without delay
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(a) report to the
Minister of Finance that it is of that opinion and provide that
Minister with a statement of the facts and reasons that caused it
to be of that opinion; and
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(b) cause notice of
the report to be published in the Canada Gazette.
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Details in report
|
(5) If the Tribunal is of
the opinion that the imposition of an anti-dumping or
countervailing duty in the full amount would not or might not be
in the public interest, the Tribunal shall, in the report referred
to in paragraph (4)(a), specify either
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(a) a level of
reduction in the anti-dumping or countervailing duty provided for
in any of sections 3 to 6; or
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(b) a price or
prices that are adequate to eliminate injury, retardation or the
threat of injury to the domestic industry.
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Persons interested may
make representations |
(6) If a person interested
in a public interest inquiry makes a request to the Tribunal
within the prescribed period and in the prescribed manner for an
opportunity to make representations to the Tribunal on the
question whether the Tribunal should make a report under paragraph
(4)(a) with respect to any goods in respect of which the
inquiry is being made, the Tribunal shall give that person an
opportunity to make representations to the Tribunal on that
question orally or in writing, or both, as the Tribunal directs in
the case of that inquiry. |
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1993, c. 44, s. 210; 1997,
c. 14, s. 91 |
28. Subsection 47(1) of
the Act is replaced by the following:
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Termination of proceedings
|
47.
(1) An order or finding made by the Tribunal with respect to any
dumped or subsidized goods, other than an order or finding
described in any of sections 3 to 6, terminates all proceedings
under this Act respecting the dumping or subsidizing of the goods,
other than proceedings under Part I.1 or II or subsection 76.02(1)
or (3). |
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29. Section 49 of the Act
is amended by adding the following after subsection (4):
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Consideration of
representations |
(5) In considering whether
to accept an undertaking, the Deputy Minister shall consider any
representations received from the importer, exporter, government
of the country of export or any other interested person.
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30. The Act is amended by
adding the following after section 51:
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Acceptance of further
undertakings
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51.1
If an investigation has been suspended under subparagraph 50(a)(iii),
the Deputy Minister may accept an undertaking in respect of dumped
or subsidized goods from an exporter or government that had not
previously offered an undertaking in respect of the goods that was
accepted by the Deputy Minister under subsection 49(1) if the
Deputy Minister is of the opinion that observance of the
undertaking will not cause
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(a) if the
undertaking is given by an exporter, the price at which the goods
are sold to importers in Canada by the exporter to increase by
more than the estimated margin of dumping of the goods or the
estimated amount of subsidy on the goods; or
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(b) if the
undertaking is given by the government of a country, the price at
which the goods, when exported to Canada from that country, will
be sold to importers in Canada to increase by more than the
estimated amount of subsidy on the goods. |
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1994, c. 47, s. 174
|
31. (1) Paragraphs 52(1)(b)
and (c) of the Act are replaced by the following:
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(b) is satisfied
that the undertaking or undertakings would not have been accepted
if the information available at that time had been available when
the undertaking was accepted, or
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(c) is satisfied
that the undertaking or undertakings would not have been accepted
if the circumstances prevailing at that time had prevailed when
the undertaking was accepted, |
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1994, c. 47, s. 174
|
(2) Paragraph 52(1.1)(a)
of the Act is amended by adding the word "or'' at the end of
subparagraph (i), by striking out the word "or'' at the end of
subparagraph (ii) and by repealing subparagraph (iii).
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1994, c. 47, s. 174
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(3) Paragraph 52(1.1)(c)
of the Act is replaced by the following:
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(c) the Tribunal
has, under paragraph 76.01(5)(a), subsection 76.02(4),
paragraph 76.03(12)(a) or subsection 76.04(1) or 76.1(2),
rescinded an order or finding with respect to the goods or the
order or finding has been deemed to be rescinded under subsection
76.03(1), |
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1994, c. 47, s. 174
|
(4) Subsection 52(1.2) of
the Act is replaced by the following:
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Termination if conditions
no longer exist |
(1.2) Unless the Tribunal
has made an order or finding under subsection 43(1) that the
dumping or subsidizing of the goods to which the preliminary
determination applies has caused injury or retardation or is
threatening to cause injury, and that order or finding has not
been rescinded under paragraph 76.01(5)(a), subsection
76.02(4), paragraph 76.03(12)(a) or subsection 76.04(1) or
76.1(2) or has not been deemed to be rescinded under subsection
76.03(1), the Deputy Minister shall terminate the undertaking or
undertakings if, at any time after accepting the undertaking or
undertakings, the Deputy Minister is satisfied that,
notwithstanding the termination of the undertaking or
undertakings, the condition in paragraph 49(1)(a) or (b),
as the case may be, would no longer exist.
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1994, c. 47, s. 175
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32. (1) The portion of
subsection 53(1) of the Act before paragraph (a) is
replaced by the following:
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Review and
renewal of undertaking by
Deputy Minister
|
53.
(1) Unless the Tribunal has made an order or finding under
subsection 43(1) that the dumping or subsidizing of the goods to
which the preliminary determination applies has caused injury or
retardation or is threatening to cause injury and that order or
finding has not been rescinded under paragraph 76.01(5)(a),
subsection 76.02(4), paragraph 76.03(12)(a) or subsection
76.04(1) or 76.1(2) or has not been deemed to be rescinded under
subsection 76.03(1), the Deputy Minister shall review the
undertaking before the expiry of five years after the date on
which it was accepted and before the expiry of each subsequent
period, if any, for which it is renewed under this section and if,
on the review, the Deputy Minister is satisfied
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(2) Subsection 53(2) of
the Act is replaced by the following:
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Expiry of undertaking
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(2) An undertaking expires
immediately after the Deputy Minister decides under subsection (1)
not to renew it. |
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R.S., c. 1 (2nd Supp.), s.
204; 1993, c. 44, s. 213 |
33. Section 57 of the Act
is replaced by the following:
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Review by designated
officer |
57.
Unless the Deputy Minister has previously re-determined under
section 59 a determination referred to in subsection 56(1) or (2)
or the determination was made in respect of goods released after
the initiation of an expedited review under subsection 13.2(3) and
before a decision was issued under that subsection, a designated
officer may re-determine the determination
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(a) in accordance
with a request made under subsection 56(1.01) or (1.1); or
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(b) if the
designated officer deems it advisable, within two years after the
determination. |
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1993, c. 44, s. 215(1)
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34. (1) The portion of
subsection 59(1) of the Act before paragraph (a) is
replaced by the following:
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Permissive re-
determination |
59.
(1) Subject to subsection (3), the Deputy Minister may
re-determine any determination or re-determination referred to in
section 55, 56 or 57 or made under this section in respect of any
imported goods |
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(2) Paragraph 59(1)(c)
of the Act is replaced by the following:
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(c) at any time, if
subsection 2(6) or section 26 or 28 applies or at any time becomes
applicable in respect of the goods; |
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(3) Section 59 of the Act
is amended by adding the following after subsection (1):
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Re-determination
of re-determination
|
(1.1) The Deputy Minister
may re-determine any re-determination
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(a) at any time
after a re-determination was made under any of paragraphs (1)(a)
to (c) and (e) but before an appeal under section 61
is heard, on the recommendation of the Attorney General of Canada,
if the re-determination would reduce duties payable on the goods;
and
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(b) at any time if
the re-determination would be consistent with a decision of the
Tribunal, the Federal Court of Appeal or the Supreme Court of
Canada, or with a re-determination under paragraph (a),
made in respect of other like goods of the same importer or owner
imported on or before the date of importation of the goods in
respect of which the re-determination is being made. |
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1993, c. 44, s. 215(2)
|
(4) Subsection 59(2) of
the English version of the Act is replaced by the following:
|
|
Permissive re-
determination |
(2) The Deputy Minister
may re-determine any determination or re-determination referred to
in section 55, 56 or 57 or made under this section in respect of
any imported goods at any time for the purpose of giving effect to
a decision of a panel under Part I.1 or II with respect to the
goods. |
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1993, c. 44, s. 215(2)
|
(5) Subsection 59(3.1) of
the French version of the Act is replaced by the following:
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Avis de la nouvelle décision
|
(3.1) Le sous-ministre fait
donner, par courrier recommandé, avis de la décision issue d'un
réexamen à l'importateur et, dans le cas de marchandises d'un pays
ALÉNA, au gouvernement du pays ALÉNA en question et à toute autre
personne désignée par règlemen |
