| Resumption
of collection
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(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
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(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
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(b) the day on which the Tribunal makes an
order or finding with respect to goods of that
description,
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shall, on demand of the Deputy Minister for
payment of provisional duty on the imported
goods,
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(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
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(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,
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at the option of the importer.
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| R.S., c. 1 (2nd
Supp.),
s. 199(1)
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150. Subsection 11(1) of the Act is
replaced by the following:
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| When duty
payable
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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.
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151. The Act is amended by adding the
following after section 13.1:
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| Request for
review
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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
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(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
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(i) been given notice under
subparagraph 34(1)(a)(i), paragraph
38(3)(a) or subsection 41(3) in respect of
the goods, or
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(ii) been requested to provide
information in relation to those goods or
in relation to any goods that are of the
same description as those goods for the
purposes of this Act.
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| Form of
request
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(2) A request under subsection (1) shall be
made in the prescribed manner and form and
shall contain the prescribed information.
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| Review
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(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.
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| Posting of
security
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(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.
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| Confirmation,
etc, deemed to
be a
determination
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(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.
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152. The heading ``normal value and
export price'' before section 15 of the Act is
replaced by the following:
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153. (1) Paragraph 16(2)(b) of the Act is
replaced by the following:
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(b) any sale of like goods by the exporter
within a period, determined by the Deputy
Minister, of not less than six months, where
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(i) the sale is made at a price that is less
than the cost of the goods,
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(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
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(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
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(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.
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(2) Section 16 of the Act is amended by
adding the following after subsection (2):
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| Meaning of
``cost''
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(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.
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154. Section 17 of the Act is replaced by
the following:
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| Price of like
goods
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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,
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(a) the weighted average of the prices at
which like goods were sold by the exporter
to purchasers during that period; or
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(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.
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155. Subparagraphs 19(b)(ii) and (iii) of
the Act are replaced by the following:
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(ii) a reasonable amount for
administrative, selling and all other
costs, and
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(iii) a reasonable amount for profits.
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156. Clauses 20(c)(ii)(B) and (C) of the
Act are replaced by the following:
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(B) a reasonable amount for adminis
trative, selling and all other costs, and
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(C) a reasonable amount for profits,
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157. The Act is amended by adding the
following after section 23:
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| Costs during
start-up
period
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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.
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158. (1) Section 25 of the Act is
renumbered as subsection 25(1).
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(2) The portion of subparagraph
25(1)(b)(ii) of the Act before clause (A) is
replaced by the following:
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(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
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(3) Section 25 of the Act is amended by
adding the following after subsection (1):
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| No deduction
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(2) No deduction for duties imposed by
virtue of this Act may be made under
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(a) subparagraph (1)(c)(i), in the case of an
export price determined under
paragraph (1)(c), or
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(b) subparagraph (1)(d)(v), in the case of an
export price determined under
paragraph (1)(d),
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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.
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159. The Act is amended by adding the
following after section 30:
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| Determination
of margin of
dumping in
respect of a
country
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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.
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| Margin of
dumping re
goods from an
exporter
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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.
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| Where
variation in
price
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(2) Where, in the opinion of the Deputy
Minister, there are significant variations in the
prices of goods from a particular exporter
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(b) among regions in Canada, or
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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.
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| Price of like
goods
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(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.
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| Margin of
dumping
based on
sample
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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
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(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
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(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.
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| Where
information
submitted
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(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
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(a) the exporter of the goods submits
information for the purpose of determining
a margin of dumping; and
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(b) in the opinion of the Deputy Minister, it
is practicable to do so.
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| Other cases
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(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.
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| Amount of
subsidy
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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.
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| Where no
prescribed
manner
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(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.
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| Exception
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(3) An amount of subsidy shall not include
any amount that is attributable to a
non-actionable subsidy.
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160. Section 31 of the Act is replaced by
the following:
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| Initiation of
investigation
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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 thirty 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
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(a) that the goods have been dumped or
subsidized; and
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(b) that discloses a reasonable indication
that the dumping or subsidizing has caused
injury or retardation or is threatening to
cause injury.
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| Standing
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(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 fifty per cent of the total production of
like goods by those domestic producers who
express either support for or opposition to the
complaint and the production of the domestic
producers who support the complaint
represents twenty-five per cent or more of the
total production of like goods by the domestic
industry.
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| Meaning of
``domestic
industry''
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(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.
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| Producers
related to
exporters or
importers
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(4) For the purposes of subsection (3), a
domestic producer is related to an exporter or
an importer where
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(a) the producer either directly or indirectly
controls, or is controlled by, the exporter or
importer,
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(b) the producer and the exporter or the
importer, as the case may be, are directly or
indirectly controlled by a third person, or
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(c) the producer and the exporter or the
importer, as the case may be, directly or
indirectly control a third person,
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and there are grounds to believe that the
producer behaves differently towards the
exporter or importer than does a non-related
producer.
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| Where there is
deemed to be
control
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(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.
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| Extension of
thirty day
period
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(6) The period of thirty days referred to in
subsection (1) is extended to forty-five days
where, before the expiration of the thirty 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 thirty 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).
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| Initiation of
investigation
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(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.
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| Initiation of
investigation
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(8) 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.
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