UNOFFICIAL OFFICE CONSOLIDATION

FOR OFFICE USE ONLY

NOT SANCTIONED BY
THE DEPARTMENT OF JUSTICE

Anti-dumping and Countervailing Division
January 1995

An Act respecting the imposition of anti-dumping
and countervailing duties

SHORT TITLE

Short title

1. This Act may be cited as the Special Import Measures Act. 1984, c. 25, s. 1.

INTERPRETATION

Definitions

2. (1) In this Act,

"amount of subsidy"
"montant de subvention"

"amount of subsidy", in relation to any goods, means the amount determined in accordance with Section 30.4;

"arbitration body"
"organs d'arbitrage"

"arbitration body" means the arbitration body referred to in Article 8.5 of the Subsidies Agreement;

"Canadian Secretary"
"secrétaire canadien"

"Canadian Secretary" means

(a) when Part I.1 is in force, the Secretary appointed pursuant to Subsection 14(1) of the North American Free Trade Agreement Implementation Act, and

(b) when Part II is in force, the Secretary appointed pursuant to subsection 77.24(1);

"Committee"
"Comité"

"Committee" means the Committee on Subsidies and Countervailing Measures established by Article 24 of the Subsidies Agreement;

"country of export"
"pays ..."

"country of export" means, in the case of dumped goods, the country from which the goods were shipped directly to Canada or, if the goods have not been shipped directly to Canada, the country from which the goods would be shipped directly to Canada under normal conditions of trade and, in the case of subsidized goods, the country in which the subsidy originated;

"Deputy Minister"
"sous-ministre"

"Deputy Minister" means the Deputy Minister of National Revenue;
"designated officer"

"agent..."

"designated officer" means any officer, or any officer within a class of officers, designated pursuant to Section 59 of the Customs Act;

"domestic industry"
"branche de production national"

"domestic industry" means, other than for the purposes of section 31 and subject to subsection (1.1), the domestic producers as a whole of the like goods or those domestic producers whose collective production of the like goods constitutes a major proportion of the total domestic production of the like goods except that, where a domestic producer is related to an exporter or importer of dumped or subsidized goods, or is an importer of such goods, "domestic industry" may be interpreted as meaning the rest of those domestic producers;

"dumped"
"sous-evalué"

"dumped", in relation to any goods, means that the normal value of the goods exceeds the export price thereof;

"duty"
"droits"

"duty" means any duty, including provisional duty, imposed by virtue of this Act;

"enterprise"
"entreprise"

"enterprise" includes a group of enterprises, an industry and a group of industries;

"export price"
"prix..."

"export price" means export price determined in accordance with sections 24 to 30;

"export subsidy"
"subvention à l'exportation"

"export subsidy" means a subsidy or portion of a subsidy that is contingent, in whole or in part, on export performance;

"Free Trade Agreement"
"Accord de libre-échange"

"Free Trade Agreement" has the meaning assigned to the term "Agreement" by section 2 of the Canada-United States Free Trade Agreement Implementation Act;

"government"
"gouvernement"

"government", in relation to any country other than Canada, means the government of that country and includes

(a) any provincial, state, municipal or other local or regional government in that country,

(b) any person, agency or institution acting for, on behalf of, or under the authority of, or under the authority of any law passed by, the government of that country or that provincial, state, municipal or other local or regional government, and

(c) any association of sovereign states of which that country is a member;

"government of a NAFTA country"
"gouvernment..."

"government of a NAFTA country" means such department, agency or other body of the government of a NAFTA country as is prescribed;

"importer"
"importateur"

"importer", in relation to any goods, means the person who is in reality the importer of the goods;

"injury"
"dommage"

"injury" means material injury to a domestic industry;

"insignificant"
"minimale"

"insignificant" means,

(a) in relation to a margin of dumping, a margin of dumping that is less than two per cent of the export price of the goods, and

(b) in relation to an amount of subsidy, an amount of subsidy that is less than one per cent of the export price of the goods;

"like goods"
"marchandises similaires"

"like goods", in relation to any other goods, means

(a) goods that are identical in all respects to the other goods, or

(b) in the absence of any goods described in paragraph (a), goods the uses and other characteristics of which closely resemble those of the other goods;

"margin of dumping"
"marge de dumping"

"margin of dumping", in relation to any goods, means, subject to sections 30.1, 30.2 and 30.3, the amount by which the normal value of the goods exceeds the export price of the goods;

"member" [Repealed, R.S., 1985, c. 47 (4th Supp.), s. 52]

"Minister"
"ministre"

"Minister" means the Minister of National Revenue;

"NAFTA country"
"pays ALENA"

"NAFTA country" has the meaning assigned that expression by subsection 2 (1) of the North American Free Trade Agreement Implementation Act, but does not include Canada;

"negligible"
"négligeable"

"negligible" means, in respect of the volume of dumped goods of a country,

(a) less than three per cent of the total volume of goods that are released into Canada from all countries and that are of the same description as the dumped goods,

except that

(b) where the total volume of dumped goods of three or more countries, each of whose exports of dumped goods into Canada is less than three per cent of the total volume of goods referred to in paragraph (a), is more than seven per cent of the total volume of goods referred to in paragraph (a),

the volume of dumped goods of any of those countries is not negligible;

"non-actionable subsidy"
"subventions ne donnant pas lieu à une action"

"non-actionable subsidy" means

(a) a subsidy that is not specific as determined pursuant to subsections (7.1) to (7.4),

(b) a subsidy for

(i) industrial research assistance,

(ii) pre-competitive development assistance,

(iii) assistance to disadvantaged regions,

(iv) assistance for the adaptation of existing facilities to new environmental standards, or

(v) assistance for research activities conducted by institutions of higher education and independent research establishments,

that meets the prescribed criteria, or

(c) subject to subsection (1.4), a domestic support measure for an agricultural product listed in Annex 1 of the Agreement on Agriculture, being part of Annex 1A to the WTO Agreement, that conforms to the provisions of Annex 2 to the Agreement on Agriculture;

"normal value"
"valeur..."

"normal value" means normal value determined in accordance with sections 15 to 23 and 29 and 30;

"North American Free Trade Agreement"
"Accord de libre-échange nord-américain"

"North American Free Trade Agreement" has the meaning assigned to the word "Agreement" by subsection 2(1) of the North American Free Trade Agreement Implementation Act;

"order or finding"
"Ordonnance ou conclusions"

"order or finding", in relation to the Tribunal,

(a) means an order or finding made by the Tribunal pursuant to section 43 or 44 that has not been rescinded pursuant to subsection 91(3), and

(b) includes, for the purposes of sections 3 to 6, 76 and 76.1, an order or finding made by the Tribunal pursuant to subsection 91(3)

that has not been rescinded pursuant to section 76 or 76.1 but, where the order or finding has been amended one or more times pursuant to either of those sections, as last so amended;

"person"
"personne"

"person" includes a partnership and an association;

"prescribed"
Version anglaise seulement

"prescribed", in relation to a form, means prescribed by the Deputy Minister and, in any other case, means prescribed by regulation;

"prohibited subsidy"
"subvention prohibée"

"prohibited subsidy" means a subsidy that is prohibited by virtue of being

(a) an export subsidy, or

(b) a subsidy or portion of a subsidy that is contingent, in whole or in part, on the use of goods that are produced or that originate in the country of export;

"properly documented"
"dossier complet"

"properly documented", in relation to a complaint respecting the dumping or subsidizing of goods, means that

(a) the complaint

(b) the complainant provides

(i) such information as is available to the complainant to prove the facts referred to in subparagraph (a)(ii),

(ii) such information as is prescribed, and

(iii) such other information as the Deputy Minister may reasonably require;

"provisional duty"
"droits provisoires"

"provisional duty" means duty imposed under section 8;

"regular member" [Repealed, R.S., 1985, c. 47 (4th Supp.), s. 52]

"release"
"dédouanement"

"release", in respect of goods, means to authorize the removal of the goods from a customs office, sufferance warehouse, bonded warehouse or duty free shop for use in Canada;

"retardation"
"retard"

"retardation" means material retardation of the establishment of a domestic industry;

"sale"
"vente"

"sale" includes leasing and renting, an agreement to sell, lease or rent and an irrevocable tender;

"Secretary"
"secrétaire"

"Secretary" means the Secretary of the Tribunal;

"Subsidies Agreement"
"Accord sur les subventions"

"Subsidies Agreement" means the Agreement on Subsidies and Countervailing Measures, being part of Annex 1A to the WTO Agreement;

"subsidized goods"
"marchandises subventionnées"

"subsidized goods" means

(a) goods in respect of the production, manufacture, growth, processing, purchase, distribution, transportation, sale, export or import of which a subsidy has been or will be paid, granted, authorized or otherwise provided, directly or indirectly, by the government of a country other than Canada, and

(b) goods that are disposed of at a loss by the government of a country other than Canada, and includes any goods in which, or in the production, manufacture, growth, processing or the like of which, goods described in paragraph (a) or (b) are incorporated, consumed, used or otherwise employed;

"subsidy"
"subvention"

"subsidy" means

(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 on goods by the government of the country of origin or country of export from which the goods, 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 refund or drawback, or

(b) any form of income or price support within the meaning of Article XVI of the General Agreement on Tariffs and Trade, 1994, being part of Annex 1A to the WTO Agreement, that confers a benefit;

"Tribunal"
"Tribunal"

"Tribunal" means the Canadian International Trade Tribunal established by subsection 3(1) of the Canadian International Trade Tribunal Act;

"undertaking" or "undertakings"
"engagement..."

"undertaking" or "undertakings" means an undertaking or undertakings with respect to goods that are the subject of a dumping or subsidizing investigation under this Act given in writing to the Deputy Minister in any of the following circumstances:

(a) in the case of dumped goods, an undertaking given by an exporter who accounts for, or undertakings given individually by exporters who account for, all or substantially all the exports to Canada of the dumped goods where the exporter or each exporter, as the case may be, undertakes in his undertaking

(i) to revise, in the manner specified in his undertaking, the price at which he sells the goods to importers in Canada, or

(ii) to cease dumping the goods in Canada, and

(b) in the case of subsidized goods,

(i) an undertaking given by an exporter who accounts for, or undertakings given individually by exporters who account for, all or substantially all the exports to Canada of the subsidized goods, where the exporter or each exporter, as the case may be,

(A) has the consent of the government of the country of export of the goods to give the undertaking, and

(B) undertakes to revise, in the manner specified in his undertaking, the price at which he sells the goods to importers in Canada, or

(ii) an undertaking given by the government of a country that accounts for, or undertakings given by the governments of countries that account for, all or substantially all the exports to Canada of the subsidized goods where the country or each country, as the case may be, undertakes in its undertaking

(A) to eliminate the subsidy on goods exported to Canada from that country,

(B) to limit the amount of subsidy on goods exported to Canada from that country,

(C) to limit the quantity of the goods to be exported to Canada from that country, or

(D) otherwise to eliminate the effect of the subsidizing on the production in Canada of like goods,

in the manner specified in its undertaking;

"United States Government"
"gouvernement des Etats-Unis"

"United States Government" means such department, agency or other body of the Federal Government of the United States as is prescribed.

"WTO Agreement"
"Accord sur l'OMC"

"WTO Agreement" has the meaning assigned to the term "Agreement" by subsection 2(1) of the World Trade Organization Agreement Implementation Act.

When domestic industry based on regional markets

(1.1) In exceptional circumstances, the territory of Canada may, for the production of any goods, be divided into two or more regional markets and the domestic producers of like goods in any of those markets may be considered to be a separate domestic industry where

(a) the producers in the market sell all or almost all of their production of like goods in the market; and

(b) the demand in the market is not to any substantial degree supplied by producers of like goods located elsewhere in Canada.

Producers related to exporters or importers

(1.2) For the purposes of the definition "domestic industry" in subsection (1), a domestic producer is related to an exporter or an importer of dumped or subsidized goods where

(a) the producer either directly or indirectly controls, or is controlled by, the exporter or importer,

(b) the producer and the exporter or the importer, as the case may be, are directly or indirectly controlled by a third person, or

(c) the producer and the exporter or the importer, as the case may be, directly or indirectly control a third person,

and there are grounds to believe that the producer behaves differently towards the exporter or importer than does a non-related producer.

Where there is deemed to be control

(1.3) For the purposes of subsection (1.2), a person is deemed to control another person where the first person is legally or operationally in a position to exercise restraint or direction over the other person.

When domestic support measure ceases to be a non-actionable subsidy

(1.4) A domestic support measure referred to in paragraph (c) of the definition "non-actionable subsidy" in subsection (1) ceases to be a non-actionable subsidy on the day on which the implementation period in respect of the Agreement on Agriculture referred to in that paragraph, as defined in Article 1 of that Agreement for the purposes of Article 13 of that Agreement, expires.

Threat of injury

(1.5) For the purposes of this Act, the dumping or subsidizing of goods shall not be found to be threatening to cause injury or to cause a threat of injury unless the circumstances in which the dumping or subsidizing of goods would cause injury are clearly foreseen and imminent.

Financial contribution

(1.6) For the purposes of paragraph (a) of the definition "subsidy" in subsection (1), there is a financial contribution by a government of a country other than Canada where

(a) practices of the government involve the direct transfer of funds or liabilities or the contingent transfer of funds or liabilities;

(b) amounts that would otherwise be owing and due to the government are exempted or deducted or amounts that are owing and due to the government are forgiven or not collected;

(c) the government provides goods or services, other than general governmental infrastructure, or purchases goods; or

(d) the government permits or directs a non-governmental body to do any thing referred to in any of paragraphs (a) to (c) where the right or obligation to do the thing is normally vested in the government and the manner in which the non-governmental body does the thing does not differ in a meaningful way from the manner in which the government would do it.

Definition of "associated persons"

(2) For the purposes of this Act, the following persons are "associated persons" or persons associated with each other, namely,

(a) persons related to each other; or

(b) persons not related to each other, but not dealing with each other at arm's length.

Persons related to each other

(3) For the purposes of subsection (2), persons are related to each other if

(a) they are individuals connected by blood relationship, marriage or adoption within the meaning of subsection 251(6) of the Income Tax Act;

(b) one is an officer or director of the other;

(c) each such person is an officer or director of the same two corporations, associations, partnerships or other organizations;

(d) they are partners;

(e) one is the employer of the other;

(f) they directly or indirectly control or are controlled by the same person;

(g) one directly or indirectly controls or is controlled by the other;

(h) any other person directly or indirectly owns, holds or controls five per cent or more of the outstanding voting stock or shares of each such person; or

(i) one directly or indirectly owns, holds or controls five per cent or more of the outstanding voting stock or shares of the other.

Persons dealing at arm's length

(4) For the purposes of paragraph (2)(b), it is a question of fact whether persons not related to each other were at a particular time dealing with each other at arm's length.

(5) Repealed [Bill C-57]

Agreement affecting countervailing duty

(6) Notwithstanding the definition "amount of subsidy", where, in relation to any subsidized goods, the manufacturer, producer, vendor or exporter thereof or the government of a country other than Canada, undertakes, directly or indirectly in any manner whatever, to indemnify, pay on behalf of or reimburse the importer or purchaser in Canada of the goods for all or any part of the countervailing duty that may be levied on the goods, the amount of subsidy on the goods is, for the purposes of this Act, the amount of subsidy determined and adjusted in such manner as is provided under that definition plus the amount of the indemnity, payment or reimbursement.

Interpretation of provisions that apply to both dumped and subsidized goods

(7) Where, by its terms, any provision of this Act applies to both dumped and subsidized goods, the application of the provision

(a) to subsidized goods shall not be taken into account in an investigation, inquiry or other proceeding or matter under this Act relating to the dumping of goods; and

(b) to dumped goods shall not be taken into account in an investigation, inquiry or other proceeding or matter under this Act relating to the subsidizing of goods.

Criteria and conditions for non-specificity

(7.1) A subsidy is not specific where the criteria or conditions governing eligibility for, and the amount of, the subsidy are

(a) objective;

(b) set out in a legislative, regulatory or administrative instrument or other public document; and

(c) applied in a manner that does not favour or is not limited to a particular enterprise.

When subsidy is specific

(7.2) A subsidy is specific where it is

(a) limited, pursuant to an instrument or document referred to in paragraph (7.1)(b) to a particular enterprise within the jurisdiction of the authority that is granting the subsidy; or

(b) a prohibited subsidy.

Determination of specificity by Deputy Minister

(7.3) Notwithstanding that a subsidy is not limited in the manner referred to in paragraph (7.2)(a), the Deputy Minister may determine the subsidy to be specific having regard as to whether

(a) there is exclusive use of the subsidy by a limited number of enterprises;

(b) there is predominant use of the subsidy by a particular enterprise;

(c) disproportionately large amounts of the subsidy are granted to a limited number of enterprises; and

(d) the manner in which discretion is exercised by the granting authority indicates that the subsidy is not generally available.

Additional considerations

(7.4) Where any of the factors listed in paragraphs (7.3)(a) to (d) is present, the Deputy Minister shall consider whether the presence is due to

(a) the extent of diversification of economic activities within the jurisdiction of the granting authority, or

(b) the length of time that the subsidy program has been in operation,

and where the Deputy Minister is of the opinion that the presence is due to one of the reasons set out in paragraph (a) or (b), the Deputy Minister may find the subsidy not to be specific notwithstanding that, were it not for that opinion, the Deputy Minister would have found the subsidy to be specific.

Law relating to the customs

(8) For greater certainty, this Act shall be considered, for the purposes of the Customs Act, to be a law relating to the customs.

Powers, duties and functions of Deputy Minister

(9) Any power, duty or function of the Deputy Minister under this Act may be exercised or performed by any person authorized by the Deputy Minister to do so and, if so exercised or performed, shall be deemed to have been exercised or performed by the Deputy Minister.

PART I

SPECIAL IMPORT MEASURES
LIABILITY FOR ANTI-DUMPING, COUNTERVAILING AND PROVISIONAL DUTIES

Anti-dumping and Countervailing Duty

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 or is threatening to cause injury, a duty as follows:

(a) in the case of dumped goods, an anti-dumping duty in an amount equal to the margin of dumping of the imported goods; and

(b) in the case of subsidized goods, a countervailing duty in an amount equal to the amount of subsidy on the imported goods.

Duty where undertaking violated

(2) Where 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 violated, there shall be levied, collected and paid on all of those goods that were released on or after the day on which the undertaking was violated, a duty as provided under paragraphs (1)(a) and (b).

Other cases

4. (1) Subject to Section 7.1, there shall be levied, collected and paid a duty as set out in Subsections (3) and (4) on all dumped and subsidized goods imported into Canada

(a) in respect of which the Tribunal has made an order or finding, after the release of the goods, that the dumping or subsidizing of goods of the same description

(i) has caused injury, or

(ii) would have caused injury except for the fact that provisional duty was applied in respect of the goods; and

(b) that were released during the period beginning on the day on which the preliminary determination is made with respect to the goods and ending on the day on which the Tribunal makes the order or finding.

Where undertaking subsequently terminated

(2) There shall be levied, collected and paid a duty as set out in Subsections (3) and (4) on all dumped and subsidized goods imported into Canada

(a) that are the subject of an undertaking accepted by the Deputy Minister under subsection 49(1) that was terminated under paragraph 52(1)(d);

(b) in respect of which the Tribunal has made an order or finding, after the release of the goods, that the dumping or subsidizing of goods of the same description

(i) has caused injury, or

(ii) would have caused injury except for the fact that provisional duty was applied in respect of the goods; and

(c) that were released, where paragraph 52(1)(a), (b) or (c) applies, during the period beginning on the day on which the preliminary determination was made and ending on the day the undertaking was accepted, and

(i) where paragraph 52(1)(a) applies, during the period beginning on the later of

(A) the day on which the undertaking is violated, and

(B) the ninetieth day before the day on which notice of the termination was given under paragraph 52(1)(e), and ending on the day on which the Tribunal makes the order or finding referred to in paragraph (b), or

(ii) where paragraph 52(1)(b) or (c) applies, beginning on the day on which notice of termination was given under paragraph 52(1)(e),

and ending on the day on which the Tribunal makes the order or finding referred to in paragraph (b).

Amount of duty

(3) The duty applicable to goods under subsection (1) or (2) is:

(a) in the case of dumped goods, an anti-dumping duty in an amount that is equal to the margin of dumping of the goods; and

(b) in the case of subsidized goods, a countervailing duty in an amount that is equal to the amount of subsidy on the goods.

Limitation

(4) The duty referred to in Subsection (3) shall not exceed the duty, if any, paid or payable in respect of the goods under Section 8.

Anti-dumping duty

5. There shall be levied, collected and paid on all dumped goods imported into Canada:

(a) in respect of which the Tribunal has made an order or finding, after the release of the goods, that

(i) either

(A) there has occurred a considerable importation of like goods that were dumped, which dumping has caused injury or would have caused injury except for the application of anti-dumping measures, or

(B) the importer of the goods was or should have been aware that the exporter was practising dumping and that the dumping would cause injury, and

(ii) injury has been caused by reason of the fact that the imported goods

(A) constitute a massive importation into Canada, or

(B) form part of a series of importations into Canada, which importations in the aggregate are massive and have occurred within a relatively short period of time,

and in order to prevent the recurrence of the injury, it appears necessary to the Tribunal that duty be assessed on the imported goods, and

(b) that were released during the period of 90 days preceding the day on which the Deputy Minister made a preliminary determination of dumping in respect of the goods or goods of that description, other than goods that were released before the initiation of an investigation referred to in Section 31,

an anti-dumping duty in an amount equal to the margin of dumping of the imported goods.

Countervailing duty

6. Where any subsidy on subsidized goods is a prohibited subsidy, there shall be levied, collected and paid on all such subsidized goods imported into Canada:

(a) in respect of which the Tribunal has made an order or finding, after the release of the goods, that

(i) injury has been caused by reason of the f act that the imported goods

(A) constitute a massive importation into Canada, or

(B) form part of a series of importations into Canada, which importations in the aggregate are massive and have occurred within a relatively short period of time, and

(ii) a countervailing duty should be imposed on the subsidized goods in order to prevent the recurrence of such injury,

(b) that were released during the period of 90 days preceding the day on which the Deputy Minister made a preliminary determination of subsidizing in respect of the goods or goods of that description, other than goods that were released before the initiation of an investigation referred to in Section 31, and

(c) in respect of which the Deputy Minister has made a specification pursuant to Clause 41(l)(a)(iv)(C),

a countervailing duty in an amount equal to such of the amount of the subsidy on the imported goods as is a prohibited subsidy.

Governor in Council may impose countervailing duty by order

7. (1) The Governor in council may order an investigation to determine the amount of subsidy an any subsidized goods that are the product of a country specified in the order, and where

(a) the Deputy Minister has, by means of the investigation, determined that amount, and

(b) the Committee has authorized Canada to impose countervailing duties on the subsidized goods,

the Governor in Council may, on the recommendation of the Minister of Finance, by order impose a countervailing duty on any subsidized goods that are the product of that country and that are of the same description as the goods in respect of which the Deputy Minister has determined the amount of subsidy and, where a countervailing duty is so imposed, there shall, subject to Subsection (2), be levied, collected and paid on all such subsidized goods imported into Canada a countervailing duty in the amount specified in the order in respect of the goods.

Duty not to exceed amount of subsidy

(2) Where subsidized goods on which a countervailing duty has been imposed pursuant to Subsection (1) are imported into Canada and the amount of subsidy on the imported goods is less than the amount of the duty so imposed, there shall be levied, collected and paid on the goods pursuant to this Section a countervailing duty only in the amount of subsidy on the goods.

Non-application

7.1 Sections 3 and 4 do not apply in respect of goods in respect of which an undertaking has been accepted and not terminated.

Provisional Duty

Imposition of provisional duty

8. (1) Where the Deputy Minister makes a preliminary determination of dumping or subsidizing in an investigation under this Act and considers that the imposition of provisional duty is necessary to prevent injury, retardation or threat of injury, the importer of dumped or subsidized goods that are of the same description as any goods to which the preliminary determination applies and that are released during the period commencing on the day the preliminary determination is made and ending on the earlier of:

(a) the day on which the Deputy Minister causes the investigation to be terminated pursuant to Subsection 41(1) with respect to goods of that description, and

(b) the day on which the Tribunal makes an order or finding with respect to goods of that description,

shall, on demand of the Deputy Minister for payment of provisional duty on the imported goods,

(c) 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

(d) post or cause to be posted security in a 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,

at the option of the importer.

Idem

(1.1) Where an order or finding of the Tribunal under subsection 43(1), 76(4.1) respecting a review pursuant to subsection 76(2.1), 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 commencing on the day on which the preliminary determination 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,

(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

(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.

Return of provisional duty

(2) Any provisional duty paid or security posted pursuant to Subsection (1) or (1.1) by or on behalf of an importer in respect of the importation of dumped or subsidized goods of any description shall

(a) be returned to the importer forthwith after

(i) the Deputy Minister causes the investigation to be terminated pursuant to Subsection 41(1) with respect to goods of that description,

(ii) all proceedings respecting the dumping or subsidizing of goods of that description are terminated as described in Section 47, or

(iii) the Tribunal makes an order or finding with respect to goods of that description if the order or finding is only to the effect that the dumping or subsidizing of those goods is threatening to cause injury; and

(b) except to the extent of any duty payable in respect of the imported goods, be returned to the importer forthwith after a determination is made in respect of the imported goods by a designated officer pursuant to such of paragraphs 55(1) (c) to (e) as are applicable.

Interest

(3) Where any provisional duty is returned to an importer pursuant to Subsection (2), the importer shall be paid interest thereon at the prescribed rate or at a rate determined in the prescribed manner in respect of each month or fraction of a month between the time the duty was paid and the time it is returned.

Amounts under ten dollars

(4) Where interest owing under this section is less than ten dollars, no interest shall be paid.

Suspension of collection

(5) Where the Deputy Minister accepts an undertaking with respect to dumped or subsidized goods, the collection of provisional duties on any dumped or subsidized goods, as the case may be, that are of the same description as any goods to which the preliminary determination applies is suspended for the period during which the undertaking is in force.

Resumption of collection

(6) Where the Deputy Minister terminates an undertaking pursuant to 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 applied and that are released during the period beginning on the day on which the undertaking was terminated and ending on the earlier of:

(a) the day on which the Deputy Minister causes the investigation to be terminated pursuant to Subsection 41(1) with respect to goods of that description, and

(b) the day on which the Tribunal makes an order or finding with respect to goods of that description,

shall, on demand of the Deputy Minister for payment of provisional duty on the imported goods,

(c) 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 the subsidy on, the imported goods, or

(d) post or cause to be posted security in a prescribed form and in an amount or to a value not greater than the estimated margin of dumping of, or the estimated amount of the subsidy on, the imported goods,

at the option of the importer.

Payment of Duty During Court Proceedings
and Proceedings under Part I.1 or II

Duty ceases where order or finding set aside by court

9. (1) Where proceedings are commenced by an application for judicial review under the Federal Court Act, or an application under Section 96.1 of this Act, to review and set aside an order or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this Section referred to as "payable") under this Act on goods imported into Canada that are of the same description as any goods to which the order or finding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of the proceedings, to be so payable pursuant to the order or finding on imported goods of that description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being set aside or being set aside in relation to particular goods, in which case:

(a) duty ceases, on the final disposition of the proceedings, to be so payable on imported goods of that description or the same description as those particular goods, as the case may be; and

(b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have been made by the Tribunal in respect of goods described in paragraph (a).

Definition of "proceedings"

(2) In Subsection (1), "proceedings", in relation to an application made to the Federal Court of Appeal, includes proceedings on any appeal from any decision of that Court on the application.

Duty ceases where order or finding rescinded pursuant to review

9.01 (1) Where a review is requested under Part I.1 of an order or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this Section referred to as "payable") under this Act on goods of a NAFTA country imported into Canada that are of the same description as any goods to which the order or finding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of proceedings under that Part, to be so payable pursuant to the order or finding on imported goods of that description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being rescinded or being rescinded in relation to particular goods, in which case:

(a) duty ceases, on the order or finding being so rescinded, to be so payable on imported goods of that description or the same description as those particular goods, as the case may be; and

(b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have been made by the Tribunal in respect of goods described in paragraph (a).

Suspension of S. 9.1

(2) The operation of Section 9.1 is suspended during the period in which subsection (1) is in force.

Duty ceases where order or finding rescinded pursuant to review

9.1 Where a review is requested under Part II of an order or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this Section referred to as "payable") under this Act on goods of the United States imported into Canada that are of the same description as any goods to which the order or finding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of proceedings under that Part, to be so payable pursuant to the order or finding on imported goods of that description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being rescinded or being rescinded in relation to particular goods, in which case:

(a) duty ceases, on the order or finding being so rescinded, to be so payable on imported goods of that description or the same description as those particular goods, as the case may be; and

(b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have been made by the Tribunal in respect of goods described in paragraph (a).

Duty ceases where final determination set aside by court

9.2 (1) Where duty is leviable, collectable and payable (in this Section referred to as "payable") under this Act pursuant to an order or finding of the Tribunal on goods imported into Canada and proceedings are commenced in the Federal court of Appeal by an application under Section 96.1 to review and set aside the final determination of the Deputy Minister under paragraph 41(1)(a) on which the order or finding is based, duty continues, notwithstanding any order or decision that may be made or given in the course of the proceedings, to be so payable pursuant to the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the final determination being set aside or being set aside in relation to particular goods, or the Deputy Minister recommencing the investigation and terminating it under paragraph 41(1)(b), in which case:

(a) duty ceases, on the final determination being so set aside or the investigation being so terminated, to be so payable on imported goods of that description or the same description as those particular goods, as the case may be; and

(b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have been made by the Tribunal in respect of goods described in paragraph (a).

Definition of "proceedings"

(2) In Subsection (1), "proceedings", in relation to an application made to the Federal Court of Appeal, includes proceedings on any appeal from any decision of that Court on the application.

Duty ceases where investigation terminated pursuant to review

9.21 (1) Where duty is leviable, collectable and payable (in this Section referred to as "payable") under this Act pursuant to an order or finding of the Tribunal on goods of a NAFTA country imported into Canada and a review is requested under Part I.1 of the final determination of the Deputy Minister under paragraph 41(1)(a) on which the order or finding is based, duty continues, notwithstanding any order or decision that may be made or given in the course of proceedings under that Part, to be so payable pursuant to the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the Deputy Minister recommencing the investigation and terminating it under paragraph 41(1)(b), in which case:

(a) duty ceases, on the investigation being so terminated, to be so payable on imported goods of that description; and

(b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have been made by the Tribunal in respect of imported goods of that description.

Suspension of S. 9.3

(2) The operation of Section 9.3 is suspended during the period in which Subsection (1) is in force.

Duty ceases where investigation terminated pursuant to review

9.3 Where duty is leviable, collectable and payable (in this Section referred to as "payable") under this Act pursuant to an order or finding of the Tribunal on goods of the United States imported into Canada and a review is requested under Part II of the final determination of the Deputy Minister under paragraph 41(1)(a) on which the order or finding is based, duty continues, notwithstanding any order or decision that may be made or given in the course of proceedings under that Part, to be so payable pursuant to the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the Deputy Minister recommencing the investigation and terminating it under paragraph 41(1)(b), in which case:

(a) duty ceases, on the investigation being so terminated, to be so payable on imported goods of that description; and

(b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have been made by the Tribunal in respect of imported goods of that description.

Duty reimposed on referral back

9.4 (1) Where an order or finding of the Tribunal under Subsection 76(4) 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.

Cessation of duty

(2) Duty that is payable under Subsection (1) continues to be so payable during the course of the proceedings of the Tribunal on the referral back and thereafter, unless the order or finding of the Tribunal on the referral back is:

(a) to confirm the rescinding order or finding, in which case:

(i) the duty ceases, on the day on which the order or finding of the Tribunal on the referral back is made, to be so payable on imported goods, and

(ii) the duty paid under Subsection (1) shall be returned to the importer forthwith after that day; or

(b) to rescind the rescinding order or finding and make a new or other order or finding with respect to the goods to which the rescinded order or finding applied, in which case the duty paid under Subsection (1) shall be returned to the importer forthwith after the day on which the order or finding of the Tribunal on the referral back is made, except to the extent of any duty payable by the importer as a consequence of the new or other order or finding.

Where Tribunal makes new order or finding

(3) Where the Tribunal rescinds a rescinding order or finding and makes a new or other order or finding as described in paragraph (2)(b), the new or other order or finding shall be deemed, for the purposes of this Act, to have been made on the day on which the order or finding so rescinded was made.

General Rules Relating to Payment of Duty

Where both anti-dumping duty and countervailing duty payable on goods

10. Where both an anti-dumping duty and a countervailing duty are required by this Act to be levied, collected and paid on any goods imported into Canada and all or any portion of the margin of dumping of the goods is' in the opinion of the Deputy Minister, attributable to an export subsidy in respect of which a countervailing duty is required by any of Sections 3, 4, 6 and 7 to be levied, collected and paid, the anti-dumping duty is, notwithstanding Sections 3 to 5, leviable, collectable and payable under this Act in respect of the goods only as follows:

(a) where the whole of the margin of dumping of the goods is, in the opinion of the Deputy Minister, attributable to the export subsidy, no anti-dumping duty is leviable, collectable or payable on the imported goods; and

(b) where a portion only of the margin of dumping of the imported goods is, in the opinion of the Deputy Minister, attributable to the export subsidy, an anti-dumping duty is leviable, collectable and payable on the imported goods only in an amount equal to that portion of the margin of dumping of the goods that is not, in the opinion of the Deputy Minister, attributable to the export subsidy.

When duty payable

11. (1) The importer in Canada of any goods imported into Canada in respect of which duty, other than provisional duty, is payable shall, on demand of the Deputy Minister and notwithstanding any security posted pursuant to paragraph 8(1)(d) or Subsection 13.2(4), pay or cause to be paid all such duties on the goods.

(2) Any person who fails to pay any amount owing under Subsection (1) shall pay, in addition to the amount owing, interest at the prescribed rate or at a rate determined in the prescribed manner in respect of each month or fraction of a month commencing 30 days after the Deputy Minister makes a demand under Subsection (1) during which any amount remains outstanding, calculated on the amount outstanding.

Amounts under ten dollars

(3) Where interest owing under this Section is less than ten dollars, no interest shall be paid.

Return of duty where order or finding set aside or rescinded

12. (1) Where, pursuant to an application for judicial review under the Federal Court Act or Section 96.1 of this Act or a review under Part I.1 or II of this Act, an order or finding described in any of Sections 3 to 6 is set aside or rescinded or is set aside or rescinded in relation to particular goods, and where all proceedings under this Act respecting the dumping or subsidizing of all or any of the goods to which the order or finding applies or all or any of those particular goods, as the case may be, are subsequently terminated as described in Section 47, any duty paid under this Act pursuant to the order or finding by or on behalf of an importer on imported goods that are of the same description as goods with respect to which such proceedings are so terminated shall be returned to the importer forthwith after the proceedings are so terminated.

Return of part of duty where order or finding set aside or rescinded

(1.1) Where, pursuant to an application under the Federal Court Act or Section 96.1 of this Act or a review under Part I.1 or II of this Act, an order or finding described in any of Sections 3 to 6 is set aside or rescinded or is set aside or rescinded in relation to particular goods and another such order or finding is made with respect to all or any of the goods to which the order or finding applies or all or any of those particular goods, as the case may be, any duty paid under this Act pursuant to the first_mentioned order or finding by or on behalf of an importer shall, except to the extent of any duty payable by the importer as a consequence of the other order or finding, be returned to the importer forthwith after the other order or finding is made.

Return of duty

(2) Where the 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 Minister shall return that amount to the importer or owner of the goods by or on whose behalf it was paid.

Idem

(3) Where, in relation to the importation of any goods and as a consequence of the operation of any provision of this Act, duty is paid or security posted by or on behalf of a person who, at the time the duty is paid or security posted, is considered by the Deputy Minister to be the importer in Canada of the goods and it is subsequently ruled by the Tribunal that the person was not the importer in Canada of the goods, the duty so paid or security so posted shall be returned to the person forthwith after the Tribunal's ruling is made.

Where Tribunal makes new order or finding

13. Where, pursuant to Subsection 91(3), the Tribunal rescinds an order or finding with respect to goods and makes another order or finding with respect to the goods:

(a) the other order or finding shall be deemed, for the purposes of this Act, to have been made on the date that the order or finding so rescinded was made; and

(b) any duty paid by or on behalf of any person as a consequence of the order or finding so rescinded shall, except to the extent of any duty payable by the person as a consequence of the other order or finding, be returned to the person forthwith after the other order or finding is in fact made.

Interest on amount of duty returned

13.1 (1) Any person to whom any amount of duty paid is returned under Section 9.4, 12 or 13 shall be paid, in addition to the amount returned, interest thereon at the prescribed rate or at a rate determined in the prescribed manner in respect of each month or fraction of a month between the time the duty was paid and the time the amount is returned.

Amounts under ten dollars

(2) Where interest owing under this Section is less than ten dollars, no interest shall be paid.

Expedited Review of Normal Value, Export Price or Amount of Subsidy

Request for review

13.2 (1) An exporter to Canada 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 where:

(a) the exporter establishes that the exporter is not associated with any other exporter from that country of goods to which the order or finding relates; and

(b) the exporter has not:

(i) been given notice under subparagraph 34(1)(a)(i), paragraph 38(3)(a) or Subsection 41(3) in respect of the goods, or

(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.

Form of request

(2) A request under Subsection (1) shall be made in the prescribed manner and form and shall contain the prescribed information.

Review

(3) Where the Deputy Minister receives a request under Subsection (1), the Deputy Minister shall initiate a review, on an expedited basis, of the normal value, export price or amount of subsidy, as the case may be, and shall, on completion of the review, either confirm or amend the value, price or amount.

Posting of security

(4) An importer of goods that are of the same description as any goods to which a review under Subsection (3) applies and that are released during the period beginning on the day the review is initiated and ending on the day on which the Deputy Minister completes the review shall, on demand of the Deputy Minister for payment of duty, post, or cause to be posted, security in the prescribed manner and form and in an amount, or of a value, equal to the margin of dumping of, or amount of subsidy on, the goods.

Confirmation, etc., deemed to be a determination

(5) A confirmation or amendment of a normal value, export price or amount of subsidy under Subsection (3) shall, for the purposes of Subsection 56(1), be deemed to be a determination of a normal value, export price or amount of subsidy, as the case may be, by a customs officer referred to in that Subsection.

Exemption from Application of Act

Exemption of goods from application of Act

14. The Governor in Council may, on the recommendation of the Minister of Finance, make regulations exempting any goods or class of goods from the application of this Act.

NORMAL VALUE, EXPORT PRICE, MARGIN OF DUMPING
AND AMOUNT OF SUBSIDY

Normal Value

Determination of normal value of goods

15. Subject to Sections 19 and 20, where goods are sold to an importer in Canada, the normal value of the goods is the price of like goods when they are sold by the exporter of the first-mentioned goods:

(a) to purchasers:

(i) with whom the exporter is not associated at the time of the sale of the like goods, and

(ii) who are at the same or substantially the same trade level as the importer,

(b) in the same or substantially the same quantities as the sale of goods to the importer,

(c) in the ordinary course of trade for use in the country of export under Competitive conditions,

(d) during such period of 60 days that ends in the interval commencing with the first day of the year preceding the date of the sale of the goods to the importer and ending on the fifty-ninth day after such date as is selected by the Deputy Minister or, where, in the opinion of the Deputy Minister, the nature of the trade in those goods or the fact that they are sold to the importer for future delivery requires that sales of like goods by the exporter during a period other than a period of 60 days that ends in that interval be taken into account, during such period of 60 days or longer:

(i) that precedes the date of the sale of the goods to the importer, or

(ii) where the goods are sold to the importer for future delivery, that precedes the date of the sale of the goods to the importer or within the year that precedes the date of the delivery of the goods to the importer

as the Deputy Minister specifies for those goods or for goods of the class to which those goods belong, and

(e) at the place from which the goods were shipped directly to Canada or, if the goods have not been shipped to Canada, at the place from which the goods would be shipped directly to Canada under normal conditions of trade,

adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, in taxation and other differences relating to price comparability between the goods sold to the importer and the like goods sold by the exporter.

Rules applied in determining normal value

16. (1) In the application of Section 15 in the case of any goods:

(a) if there was not, in the opinion of the Deputy Minister, such a number of sales of like goods made by the exporter at the place described in paragraph 15(e) as to permit a proper comparison with the sale of the goods to the importer in Canada, but sales of like goods were made by the exporter at one other place or several other places in the country of export, there shall, for the purpose of making that comparison, be included with sales of like goods made by the exporter at the place described in paragraph 15(e) sales of like goods made by the exporter at that one other place or at the nearest of the several other places to the place described in paragraph 15(e), as the case may be;

(b) if there was not, in the opinion of the Deputy Minister, such a number of sales of like goods made by the exporter to purchasers described in subparagraph 15(a)(i) who are at the same or substantially the same trade level as the importer in Canada as to permit a proper comparison with the sale of goods to the importer, but there was such a number of sales of like goods made to purchasers described in subparagraph 15(a)(i) who are at the trade level nearest and subsequent to that of the importer, there shall be substituted for the purchasers described in paragraph 15(a) purchasers described in subparagraph 15(a)(i) who are at the trade level nearest and subsequent to that of the importer;

(c) if by reason of the fact that:

(i) the sales of like goods made by the exporter were solely or primarily for export, or

(ii) the sales of like goods made by the exporter during the period that is applicable by reason of paragraph 15(d) were solely or primarily to purchasers who at any time during that period were not purchasers described in subparagraph 15(a)(i),

there was not, in the opinion of the Deputy Minister, such a number of sales of like goods made by the exporter as to permit a proper comparison with the sale of the goods to the importer in Canada, but there were sales of like goods for use in the country of export by other vendors, such one or more of any of those vendors that the Deputy Minister may specify shall be deemed to be the exporter for the purpose of determining the normal value of the goods sold to the importer in Canada;

(d) if the quantity of goods sold to the importer in Canada is larger than the largest quantity of like goods sold by the exporter for use in the country of export, the sales of like goods shall be those sales of like goods that are in the largest quantity sold by the exporter for such use; and

(e) if the quantity of goods sold to the importer in Canada is smaller than the smallest quantity of like goods sold by the exporter for use in the country of export, the sales of like goods shall be those sales of like goods that are in the smallest quantity sold by the exporter for such use.

Idem

(2) In determining the normal value of any goods under Section 15, there shall not be taken into account:

(a) any sale of like goods for use in the country of export by a vendor to a purchaser if the vendor did not, at the same or substantially the same time, sell like goods in the ordinary course of trade to other persons in the country of export at the same trade level as, and not associated with, the purchaser; and

(b) any sale of like goods by the exporter within a period, determined by the Deputy Minister, of not less than six months, where:

(i) the sale is made at a price that is less than the cost of the goods,

(ii) either:

(A) the sale is of a volume that, or is one of a number of sales referred to in subparagraph (i) the total volume of which, is not less than twenty per cent of the total volume of like goods sold during that period, or

(B) the average selling price of like goods sold by the exporter during that period is less than the average cost of those like goods, and

(iii) the sale is made at a price per unit that is not greater than the average cost of all like goods sold during that period.

Meaning of "cost"

(3) For the purposes of paragraph (2)(b) , "cost" means, in relation to goods, the cost of production of the goods and the administrative, selling and all other costs with respect to the goods.

Price of like goods

17. In determining the normal value of any goods under Section 15, the price of like goods when sold by the exporter to purchasers during the period referred to in paragraph 15 (d) in a sale or sales that comply with the terms and conditions referred to in Section 15 or with those terms and conditions that apply by virtue of Subsection 16(1) is, at the option of the Deputy Minister in any case or class of cases, 'except a case or class of cases to which Subsection 30.2(3) applies,

(a) the weighted average of the prices at which like goods were sold by the exporter to purchasers during that period; or

(b) the price at which like goods were sold by the exporter in any sale during that period where, in the opinion of the Deputy Minister, the price is representative of the prices at which like goods were sold during that period.

Goods deemed to be like goods

18. Where goods imported into Canada and goods sold for use in the country of export are like goods except only that the goods sold for such use have applied to them a trademark, as defined in the Trademarks Act, that is not applied to the goods imported into Canada, and goods like the goods imported are not sold for use in the country of export, the goods imported and the goods sold for such use shall be deemed to be like goods for the purposes of this section if, in the opinion of the Deputy Minister:

(a) the goods are being imported into Canada without that trademark applied to them in order to avoid the operation of Section 15; and

(b) it is probable that there will be applied to the goods, subsequent to their importation into Canada, that trademark or any other mark so closely resembling that trademark that it is likely to be taken therefor.

Where normal value cannot be determined under Section 15

19. Subject to Section 20, where the normal value of any goods cannot be determined under Section 15 by reason that there was not, in the opinion of the Deputy Minister, such a number of sales of like goods that comply with all the terms and conditions referred to in that section or that are applicable by virtue of Subsection 16(1) as to permit a proper comparison with the sale of the goods to the importer, the normal value of the goods shall be determined, at the option of the Deputy Minister in any case or class of cases, as:

(a) such price of like goods when sold by the exporter to importers in any country other than Canada during the period referred to in paragraph 15(d) as, in the opinion of the Deputy Minister, fairly reflects the market value of the goods at the time of the sale of the goods to the importer in Canada, adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, in taxation and other differences relating to price comparability between the goods sold to the importer in Canada and the like goods sold by the exporter to importers in the country other than Canada; or

(b) the aggregate of:

(i) the cost of production of the goods,

(ii) a reasonable amount for administrative, selling and all other costs, and

(iii) a reasonable amount for profits.

Normal value where export monopoly

20. Where goods sold to an importer in Canada are shipped directly to Canada from a country where, in the opinion of the Deputy Minister:

(a) the government of that country has a monopoly or substantial monopoly of its export trade, and

(b) domestic prices are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market,

the normal value of the goods is

(c) where like goods are sold by producers in any country other than Canada designated by the Deputy Minister for use in that country:

(ii) the aggregate of:

(A) the cost of production of the like goods,

(B) a reasonable amount for administrative, selling and all other costs, and

(C) a reasonable amount for profits,

whichever of the price or aggregate the Deputy Minister designates for any case or class of cases; or

(d) where, in the opinion of the Deputy Minister, sufficient information has not been furnished or is not available to enable the normal value of the goods to be determined as provided in paragraph (c), the price of like goods:

(i) produced in any country designated by the Deputy Minister, other than Canada or the country from which the goods were shipped directly to Canada, and

(ii) imported into Canada and sold by the importer thereof in the condition in which they were imported to a person with whom, at the time of the sale, the importer was not associated,

such price to be adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, in taxation and other differences relating to price comparability between the goods sold to the importer and the imported like sale by the importer thereof.

Credit sales of like goods

21. (1) Where any sale of like goods referred to in Section 17, paragraph 19(a), subparagraph 20(c)(i) or paragraph 20(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:

(a) the aggregate of the present value of every payment of principal or interest, or of principal and interest, provided for by any agreement entered into with respect to the sale, determined:

(i) as of the time of the sale, and

(ii) by reference to a discount rate equal to:

(A) the interest rate prevailing in the country in which the goods were sold, at the time of the sale, for commercial loans available in that country in the currency in which the payments are expressed in the agreement and on terms, other than the interest rate, comparable to the credit terms on which the sale of the like goods was made, or

(B) where it is not possible to ascertain the interest rate referred to in Clause (A) or there is no such interest rate, the interest rate selected as provided for by regulations made pursuant to paragraph 97(i) ,

is divided by

(b) the number or quantity of the like goods sold,

so as to arrive at a unit price for the like goods sold.

Where agreement relates to several goods

(2) For the purpose of paragraph (1)(a), where an agreement with respect to the sale of like goods also relates to the sale of other goods, only such portion of the present value of any payment of principal or interest, or of principal and interest, provided for by the agreement as is reasonably attributable to the like goods shall be included in determining the aggregate referred to in that paragraph.

Purchasers to be regarded as one

22. For the purpose of Section 15, where two or more purchasers are persons associated with each other during the period that, by reason of the operation of paragraph 15(d), is relevant for the purpose of that Section, those purchasers shall be regarded as a single purchaser. 1984, C. 25, S. 22.

Where exporter provides benefit on resale in country of export

23. Where, by reason of any provision of Sections 17, 19 or 20, the normal value of goods sold to an importer in Canada is required to be determined by reference to the price of like goods sold by the exporter of the first mentioned goods and the exporter agrees with persons who purchase the like goods from him in the country of export of the goods sold to the importer in Canada to provide, directly or indirectly, to persons who purchase the like goods in the country of export:

(a) on resale from the persons with whom such an agreement is made, or

(b) from any person on any subsequent resale,

any benefit by way of rebate, service, other goods or otherwise, the normal value for the purposes of this Act of the goods sold to the importer in Canada is the normal value as determined pursuant to that provision minus an amount to reflect the value of the benefit to persons who purchase the like goods on resale.

Costs during start-up period

23.1 Where, in calculating the normal value of any goods, the investigation period includes a start-up period of production, the cost of production of the goods and the administrative, selling and all other costs with respect to the goods for that start-up period of production shall be determined in the prescribed manner.

Export Price

Determination of export price of goods

24. The export price of goods sold to an importer in Canada, notwithstanding any invoice or affidavit to the contrary, is an amount equal to the lesser of:

(a) the exporter's sale price for the goods, adjusted by deducting therefrom:

(i) the costs, charges and expenses incurred in preparing the goods for shipment to Canada that are additional to those costs, charges and expenses generally incurred on sales of like goods for use in the country of export,

(ii) any duty or tax imposed on the goods by or pursuant to a law of Canada or of a province, to the extent that the duty or tax is paid by or on behalf or at the request of the exporter, and

(iii) all other costs, charges and expenses resulting from the exportation of the goods, or arising from their shipment, from the place described in paragraph 15(e) or the place substituted therefor by virtue of paragraph 16(1)(a), and

(b) the price at which the importer has purchased or agreed to purchase the goods, adjusted by deducting therefrom all costs, charges, expenses, duties and taxes described in subparagraphs (a)(i) to (iii).

Special rules to determine export price

25. (1) Where, in respect of goods sold to an importer in Canada:

(a) there is no exporter's sale price or no price at which the importer in Canada has purchased or agreed to purchase the goods, or

(b) the Deputy Minister is of the opinion that the export price, as determined under Section 24, is unreliable:

(i) by reason that the sale of the goods for export to Canada was a sale between associated persons, or

(ii) by reason of a compensatory arrangement, made between any two or more of the following, namely, the manufacturer, producer, vendor, exporter, importer in Canada, subsequent purchaser and any other person, that directly or indirectly affects or relates to:

(A) the price of the goods,

(B) the sale of the goods,

(C) the net return to the manufacturer, producer, vendor or exporter of the goods, or

(D) the net cost to the importer of the goods,

the export price of the goods is

(c) if the goods were sold by the importer in the condition in which they were or are to be imported to a person with whom, at the time of the sale, he was not associated, the price for which the goods were so sold less an amount equal to the aggregate of:

(i) all costs, including duties imposed by virtue of this Act or the Customs Tariff and taxes:

(A) incurred on or after the importation of the goods and on or before their sale by the importer, or

(B) resulting from their sale by the importer,

(ii) an amount for profit by the importer on the sale,

(d) if the goods are imported for the purpose of assembly, packaging or other further manufacture in Canada or for incorporation into other goods in the course of manufacture or production in Canada, the price of the goods as assembled, packaged or otherwise further manufactured, or of the goods into which the imported goods have been incorporated, when sold to a person with whom the vendor is not associated at the time of the sale, less an amount equal to the aggregate of:

(i) an amount for profit on the sale of the assembled, packaged or otherwise further manufactured goods or of the goods into which the imported goods have been incorporated,

(ii) the administrative, selling and all other costs incurred in selling the goods described in subparagraph (i),

(iii) the costs that are attributable or in any manner related to the assembly, packaging or other further manufacture or to the manufacture or production of the goods into which the imported goods have been incorporated,

(iv) the costs, charges and expenses incurred by the exporter, importer or any other person in preparing the imported goods for shipment to Canada that are additional to those costs, charges and expenses generally incurred on sales of like goods for use in the country of export, and

(v) all other costs, charges and expenses, including duties imposed by virtue of this Act or the Customs Tariff and taxes:

(A) resulting from the exportation of the imported goods, or arising from their shipment, from the place described in paragraph 15(e) or the place substituted therefor by virtue of paragraph 16(1)(a) that are incurred by the exporter, importer or any other person, or

(B) incurred on or after the importation of the imported goods and an or before the sale of the goods as assembled, packaged or otherwise further manufactured or of the goods into which the imported goods have been incorporated, or

(e) in any cases not provided for by paragraphs (c) and (d), the price determined in such manner as the Minister specifies.

No deduction

(2) No deduction for duties imposed by virtue of this Act may be made under

(a) subparagraph (1)(c)(i), in the case of an export price determined under paragraph (1)(c), or

(b) subparagraph (1)(d)(v), in the case of an export price determined under paragraph (1)(d),

where, in the opinion of the Deputy Minister, the export price determined under either of those paragraphs without making such a deduction is equal to or greater than the normal value of the goods.

Export price where agreement affects anti-dumping duty

26. Where the manufacturer, producer, vendor or exporter of goods sold to an importer in Canada undertakes, directly or indirectly in any manner whatever, to indemnify, pay on behalf of or reimburse the importer or purchaser in Canada of the goods for all or any part of the anti-dumping duty that may be levied on the goods:

(a) the indemnity, payment or reimbursement is deemed not to be a compensatory arrangement referred to in subparagraph 25(b)(ii) and

(b) the export price of the goods is the export price thereof as otherwise determined under this Act minus the amount of the indemnity, payment or reimbursement.

Credit sales of goods sold to importer in Canada

27. (1) For the purposes of Sections 24 and 25, where any sale of goods referred to in those Sections was made on credit terms other than cash discounts, the sale price for the goods is deemed to be an amount equal to the quotient obtained when:

(a) the aggregate of the present value of every payment of principal or interest,or of principal and interest, provided for by any agreement entered into with respect to the sale, determined:

(i) as of the time of the sale, and

(ii) by reference to a discount rate equal to:

(A) the interest rate prevailing, at the time of the sale, in the country in which the vendor is located for commercial loans available in that country in the currency in which the payments are expressed in the agreement and on terms, other than the interest rate, comparable to the credit terms on which the sale of the goods was made, or

(B) where it is not possible to ascertain the interest rate referred to in Clause (A) or there is no such interest rate, the interest rate selected as provided for by regulations made pursuant to paragraph 97(j),

is divided by

(b) the number or quantity of the goods sold,

so as to arrive at a unit price for the goods sold.

Where agreement relates to several goods

(2) For the purpose of paragraph (1)(a), where an agreement with respect to the sale of goods referred to in Section 24 or 25 also relates to the sale of other goods, only such portion of the present value of any payment of principal or interest, or of principal and interest, provided for by the agreement as is reasonably attributable to the goods referred to in Section 24 or 25, as the case may be, shall be included in determining the aggregate referred to in that paragraph.

Where exporter provides benefit on resale in Canada

28. For the purposes of Sections 24 and 25, where the exporter of goods sold to an importer in Canada agrees with the importer to provide, directly or indirectly, to persons who purchase the goods in Canada:

(a) on resale from the importer, or

(b) from any person on any subsequent resale,

any benefit by way of rebate, service, other goods or otherwise, the export price of the goods is the export price as otherwise determined under this Act, after subtracting therefrom any amount that is required to be subtracted under Section 26, minus an amount to reflect the value of the benefit to persons who purchase the goods on resale.

Normal Value and Export Price

Normal value and export price where information not available

29. (1) Where, in the opinion of the Deputy Minister, sufficient information has not been furnished or is not available to enable the determination of normal value or export price as provided in Sections 15 to 28, the normal value or export price, as the case may be, shall be determined in such manner as the Minister specifies.

Consignment shipments

(2) Where goods are or are to be shipped to Canada on consignment and there is no known purchaser in Canada of the goods, the normal value and export price of the goods shall be determined in such manner as the Minister specifies.

Normal value and export price where goods exported to Canada through another country

30. (1) Where goods are exported to Canada from one country but pass in transit through another country, the normal value and export price of the goods shall, subject to such terms and conditions as to shipment, documentation, warehousing, transshipment or the like as are prescribed, be determined as if the goods were shipped directly to Canada from the first-mentioned country.

Normal value and export price where goods shipped indirectly to Canada

(2) Where any goods:

(a) are or are to be shipped indirectly to Canada from the country of origin through one or more other countries, and

(b) would, but for this Section, have a normal value as computed under Sections 15 to 23 that is less than the normal value would be if the country of export were the country of origin,

the normal value and export price of the goods shall, notwithstanding any other provision of this Act, be determined as if the goods were or were to be shipped directly to Canada from the country of origin.

Margin of Dumping

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 41.1(2)(a), the margin of dumping in relation to goods from a particular country is the weighted average of the margins of dumping determined in accordance with Section 30.2.

Margin of dumping re goods from an exporter

30.2 (1) Subject to Subsection (2), the margin of dumping in relation to any goods from 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.

Where variation in price

(2) Where, in the opinion of the Deputy Minister, there are significant variations in the prices of goods from a particular exporter:

(a) among purchasers,

(b) among regions in Canada, or

(c) among time periods,

the Deputy Minister may determine the margin of dumping in relation to any goods from that exporter to be the weighted average of the margins of dumping in relation to the goods of that exporter that are sold in such individual sales of goods of that exporter as the Deputy Minister considers relevant.

Price of like goods

(3) Where Subsection (2) applies and any of the normal values used to determine the margins of dumping in relation to goods sold in individual sales are determined in accordance with Section 15, the price of like goods used to determine those normal values is the weighted average, determined in accordance with paragraph 17(a), of the prices at which the like goods were sold.

Margin of dumping based on sample

30.3 (1) The Deputy Minister may, where 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:

(a) the largest percentage of goods from each of the countries whose goods are under consideration that, in the opinion of the Deputy Minister, can reasonably be investigated; or

(b) samples of the goods from 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.

Where information submitted

(2) Where Subsection (1) applies, the Deputy Minister shall determine a margin of dumping in relation to any goods under consideration that were not included in the percentage or sample, as the case may be, referred to in that subsection where:

(a) the exporter of the goods submits information for the purpose of determining a margin of dumping; and

(b) in the opinion of the Deputy Minister, it is practicable to do so.

Other cases

(3) Where Subsection (1) applies with respect to goods under consideration, the margin of dumping in relation to those goods that were not included in the percentage or sample and those goods for which a margin of dumping was not determined in accordance with Subsection (2) shall be determined in the prescribed manner.

Amount of Subsidy

Amount of Subsidy

30.4 (1) Subject to Subsections (2) and (3), the amount of subsidy in relation to any goods shall be determined in the prescribed manner.

Where no prescribed manner

(2) Where no manner of determining an amount of subsidy has been prescribed or, in the opinion of the Deputy Minister, sufficient information has not been provided or is not otherwise available to enable the determination of the amount of subsidy in the prescribed manner, the amount of subsidy shall, subject to Subsection (3), be determined in such manner as the Minister may specify.

Exception

(3) An amount of subsidy shall not include any amount that is attributable to a non-actionable subsidy.

PROCEDURE IN DUMPING AND SUBSIDY INVESTIGATIONS

Commencement of Investigation

Initiation of investigation

31. (1) The Deputy Minister shall cause an investigation to be initiated respecting the dumping or subsidizing of any goods and whether there is a reasonable indication that such dumping or subsidizing has caused injury or retardation or is threatening to cause injury, forthwith on the Deputy Minister's own initiative or, subject to Subsection (2), where the Deputy Minister receives a written complaint respecting the dumping or subsidizing of the goods, within 30 days after the date on which written notice is given by or on behalf of the Deputy Minister to the complainant that the complaint is properly documented, if the Deputy Minister is of the opinion that there is evidence:

(a) that the goods have been dumped or subsidized; and

(b) that discloses a reasonable indication that the dumping or subsidizing has caused injury or retardation or is threatening to cause injury.

Standing

(2) No investigation may be initiated under Subsection (1) as a result of a complaint unless the complaint is supported by domestic producers whose production represents more than 50 per cent of the total production of like goods by those domestic producers who express either support for or opposition to the complaint and the production of the domestic producers who support the complaint represents 25 per cent or more of the total production of like goods by the domestic industry.

Meaning of "domestic industry"

(3) In Subsection (2), domestic industry means, subject to Subsection 2(1.1), the domestic producers as a whole of the like goods except that, where 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.

Producers related to exporters or importers

(4) For the purposes of Subsection (3), a domestic producer is related to an exporter or an importer where:

(a) the producer either directly or indirectly controls, or is controlled by, the exporter or importer,

(b) the producer and the exporter or the importer, as the case may be, are directly or indirectly controlled by a third person, or

(c) the producer and the exporter or the importer, as the case may be, directly or indirectly control a third person,

and there are grounds to believe that the producer behaves differently towards the exporter or importer than does a non-related producer.

Where there is deemed to be control

(5) For the purposes of Subsection (4), a person is deemed to control another person where the first person is legally or operationally in a position to exercise restraint or direction over the other person.

Extension of 30-day period

(6) The period of 30 days referred to in Subsection (1) is extended to 45 days where, before the expiration of the 30 days, the Deputy Minister causes written notice to be given to the complainant and to the government of the country of export that the period of 30 days is insufficient to determine whether there is compliance with either or both of the conditions referred to in Subsection (2) and Subsection 31.1(1).

Initiation of investigation

(7) The Deputy Minister may, on receipt of a notice in writing from the Tribunal pursuant to Section 46 respecting the dumping or subsidizing of any goods, cause an investigation to be initiated respecting the dumping or subsidizing of any goods described in the notice.

Initiation of investigation

(a) Where a reference is made to the Tribunal pursuant to Subsection 33(2) and the Tribunal advises that the evidence discloses a reasonable indication that the dumping or subsidizing of the goods that are the subject of the reference has caused injury or retardation or is threatening to cause injury, the Deputy Minister shall initiate an investigation respecting the dumping or subsidizing of the goods forthwith after receipt of the advice.

No investigation where subsidy notified

31.1 (1) Subject to Subsections (2) and (3), the Deputy Minister may not initiate an investigation with respect to a subsidy that has been notified to the Committee, in accordance with Article 8.3 of the Subsidies Agreement, as being a non-actionable subsidy.

Where determination that subsidy is actionable

(2) Subject to Subsection (3), the Deputy Minister may initiate an investigation with respect to a subsidy referred to in Subsection (1) where there is a determination that the subsidy is not a non_actionable subsidy by:

(a) the Committee, as the result of a review of the notification pursuant to a request under Article 8.4 of the Subsidies Agreement; or

(b) an arbitration body as a result of the submission to binding arbitration under Article 8.5 of the Subsidies Agreement of:

(i) a determination by the Committee that the subsidy is a non-actionable subsidy, or

(ii) the failure of the Committee to make a determination pursuant to a request under Article 8.4 of the Subsidies Agreement.

Where redetermination that subsidy is actionable

(3) The Deputy Minister may initiate an investigation with respect to a subsidy that was determined, by the Committee or an arbitration body, to be a non-actionable subsidy where the Committee or an arbitration body makes a redetermination that the subsidy is no longer a non-actionable subsidy.

Notification

(4) The Deputy Minister shall forthwith notify the Deputy Minister of Finance and the complainant where the Deputy Minister is of the opinion that:

(a) a subsidy that was not notified to the Committee in accordance with Article 8.3 of the Subsidies Agreement is a non-actionable subsidy; or

(b) a subsidy that was determined by the Committee or an arbitration body to be a non_actionable subsidy may, as a result of substantial modification to the nature or delivery of the subsidy, no longer be a non-actionable subsidy.

Where Deputy Minister of Finance receives notification

(5) The Deputy Minister of Finance shall, on receipt of notification under Subsection (4), notify the Deputy Minister of International Trade and any other person who, in the opinion of the Deputy Minister of Finance, is interested, of the matters referred to in paragraphs (4) (a) and (b) .

Where Deputy Minister receives a complaint

32. (1) Where the Deputy Minister receives a written complaint respecting the dumping or subsidizing of goods, he shall, within 21 days after the receipt thereof:

(a) where the complaint is properly documented, cause the complainant and the government of the country of export to be informed in writing that the complaint was received and that it is properly documented; or

(b) where the complaint is not properly documented, cause the complainant to be informed that the complaint was received and that additional information and material is needed in order for the complaint to be properly documented.

Additional information and material

(2) For the purposes of Subsection (1), where the Deputy Minister receives from a complainant additional written information or material in relation to a complaint referred to in that subsection with respect to which he has at any time caused the complainant to be informed pursuant to paragraph (1)(b) , the Deputy Minister shall, unless, before the receipt of the additional information or material, he has caused the complainant to be informed in writing pursuant to paragraph (1)(a) that the complaint is properly documented, be deemed to have received, on the day that he received the additional written information or material, a complaint respecting the dumping or subsidizing of goods composed of the complaint with respect to which he has caused the complainant to be so informed pursuant to paragraph (1)(b) and the additional information or material.

Deemed complaint

(3) Where a written complaint filed with the Tribunal pursuant to Subsection 23(1) of the Canadian International Trade Tribunal Act is referred to the Deputy Minister pursuant to Subsection 26(5) or 28(1) of that Act, the Deputy Minister shall be deemed to have received a written complaint described in Subsection (1).

Where Deputy Minister decides not to initiate investigation

33. (1) Where, after receipt of a properly documented complaint respecting the dumping or subsidizing of goods, the Deputy Minister decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated, the Deputy Minister shall cause a written notice of the decision, setting out the reasons therefor, to be sent to the complainant and to the government of the country of export.

Reference to Tribunal

(2) Where, after receipt of a properly documented complaint respecting the dumping or subsidizing of goods, the Deputy Minister decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated by reason only that in the opinion of the Deputy Minister the evidence does not disclose a reasonable indication that the dumping or subsidizing of the goods in respect of which the Deputy Minister has so decided has caused injury or retardation or is threatening to cause injury:

(a) the Deputy Minister may, on the date of the notice referred to in Subsection (1), or

(b) the complainant may, within thirty days after the date of the notice referred to in Subsection (1),

refer to the Tribunal the question whether the evidence discloses a reasonable indication that the dumping or subsidizing of the goods in respect of which the Deputy Minister has so decided has caused injury or retardation or is threatening to cause injury.

Notice of investigation and referral to Tribunal

34. (1) Where the Deputy Minister causes an investigation to be initiated respecting the dumping or subsidizing of goods:

(a) in the case of an investigation initiated pursuant to any provision of this Act other than Section 7, the Deputy Minister shall cause notice of the investigation:

(i) to be given to the exporter, the importer, the government of the country of export, the complainant, if any, and such other persons as may be prescribed, and

(ii) to be published in the Canada Gazette; and

(b) in the case of an investigation initiated pursuant to Subsection 31(1), the Deputy Minister may, on the date of the notice given to the complainant pursuant to paragraph (a), or any person or government that was given notice pursuant to paragraph (a) may, within 30 days from the date of the notice, refer to the Tribunal the question whether the evidence discloses a reasonable indication that the dumping or subsidizing of any goods in respect of which the Deputy Minister has caused the investigation to be initiated has caused injury or retardation or is threatening to cause injury.

Finding of Tribunal

(2) Where, pursuant to a reference under paragraph (1)(b), the Tribunal advises the Deputy Minister in writing that 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, the Deputy Minister shall continue the investigation.

Termination of investigation

35. (1) Where, at any time before making a preliminary determination under Subsection 38(1) in respect of goods imported from a country or countries:

(a) the Deputy Minister is satisfied in respect of some or all of those goods that:

(i) there is insufficient evidence of dumping or subsidizing to justify proceeding with the investigation,

(ii) the margin of dumping of, or the amount of subsidy on, the goods from that country or from any of those countries is insignificant, or

(iii) the actual or potential volume of dumped or subsidized goods is negligible, or

(b) the Deputy Minister 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,

the Deputy Minister shall, subject to Subsections (2) and (3),

(c) cause the investigation to be terminated with respect to the goods in respect of which he is so satisfied or has come to that conclusion, and

(d) cause notice of the termination to be given and published as provided in paragraph 34(1)(a).

Notice and reference to Tribunal prior to termination

(2) Where, in the case of an investigation described in paragraph (1)(b) respecting the dumping or subsidizing of goods, the Deputy Minister comes to the conclusion referred to in that paragraph in respect of some or all of those goods:

(a) the Deputy Minister shall cause notice of the conclusion to be given and published as provided in paragraph 34(1)(a); and

(b) the Deputy Minister, on the date of the notice given to the complainant pursuant to paragraph (a), or any person or government that was given notice pursuant to paragraph (a) may, within 30 days after the date of the notice, refer to the Tribunal the question whether the evidence discloses a reasonable indication that the dumping or subsidizing of the goods in respect of which the Deputy Minister has come to that