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Tribunal to be
guided by
Canada's
obligations
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(4) The Tribunal shall, in making a
cumulative assessment under subsection (3),
take into account the provisions of paragraph
12 of Article 27 of the Subsidies Agreement.
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When
domestic
industry based
on regional
markets
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(5) Where subsection 2(1.1) applies in
respect of the dumping or subsidizing of goods
to which the preliminary determination
applies, the Tribunal shall not find that the
dumping or subsidizing of those goods has
caused injury or retardation or is threatening
to cause injury unless
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170. Section 46 of the Act is replaced by
the following:
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Tribunal to
advise Deputy
Minister
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46. Where, during an inquiry referred to in
section 42 respecting the dumping or
subsidizing of goods to which a preliminary
determination under this Act applies, the
Tribunal is of the opinion that
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the Tribunal, by notice in writing setting out
the description of the goods first mentioned in
paragraph (a), shall so advise the Deputy
Minister.
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171. (1) The portion of subsection 49(1) of
the Act before paragraph (a) is replaced by
the following:
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Acceptance of
undertaking
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49. (1) Subject to subsection (2), the Deputy
Minister may, in an investigation respecting
the dumping or subsidizing of goods, accept
an undertaking or undertakings with respect to
dumped or subsidized goods where the
Deputy Minister is of the opinion that
observance of the undertaking or
undertakings, as the case may be, will
eliminate
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(2) Paragraph 49(1)(b) of the Act is
replaced by the following:
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(3) Paragraph 49(2)(b) of the Act is
replaced by the following:
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(4) Section 49 of the Act is amended by
adding the following after subsection (2):
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Request to
complete
investigation
and inquiry
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(3) Where the exporter, in the case of an
investigation and inquiry with respect to
dumped goods, or the government of the
exporting country, in the case of an
investigation and inquiry with respect to
subsidized goods, wishes to offer an
undertaking with respect to the dumped or
subsidized goods, as the case may be, but
wishes the investigation and inquiry with
respect to the goods to be completed,
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Time for
offering
undertaking
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(4) The Deputy Minister may refuse to
accept any undertaking offered after such
period of time as is prescribed for the purpose
of this subsection.
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172. Section 50 of the Act is replaced by
the following:
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Procedure
where
undertaking
accepted
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50. Forthwith after the Deputy Minister
accepts, in an investigation by the Deputy
Minister under section 31, an undertaking or
undertakings with respect to dumped or
subsidized goods,
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Suspension of
operation of
time period
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50.1 (1) Where an undertaking has been
accepted with respect to the dumping or
subsidizing of goods, the operation of any
period specified, pursuant to this Act, for the
doing of any thing in relation to those goods is
suspended for such period as the undertaking
is in force and is resumed on the expiration or
termination of the undertaking.
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Extension of
time period
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(2) A period to which subsection (1) applies
is extended by a period equal to
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173. Subsection 51(1) of the Act is
replaced by the following:
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Deputy
Minister to
terminate
undertaking
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51. (1) The Deputy Minister shall forthwith
terminate an undertaking in respect of which
the Deputy Minister receives, within thirty
days after the date of the notice of acceptance
of an undertaking or undertakings with respect
to dumped or subsidized goods given pursuant
to paragraph 50(a)(i) but before an order is
made by the Tribunal under subsection 43(1)
in respect of the goods, a request for
termination from
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174. Subsection 52(1) of the Act is
replaced by the following:
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Termination
of
undertakings
by Deputy
Minister
|
52. (1) Where, at any time after accepting
an undertaking or undertakings with respect to
any dumped or subsidized goods that were the
subject of an investigation, the Deputy
Minister
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the Deputy Minister shall forthwith
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Termination
where no
dumping, etc.
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(1.1) Where, at any time after the Deputy
Minister accepts an undertaking or
undertakings with respect to any dumped or
subsidized goods that were the subject of an
investigation,
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the Deputy Minister shall forthwith
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Termination
where
conditions no
longer exist
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(1.2) Except where the Tribunal has made
an order or finding under subsection 43(1) that
the dumping or subsidizing of the goods to
which the preliminary determination applies
has caused injury or retardation or is
threatening to cause injury, and that order or
finding has not been rescinded under
subsection 76(4), (4.1) or (4.11) or 76.1(2),
the Deputy Minister shall terminate the
undertaking or undertakings where, at any
time after accepting the undertaking or
undertakings, the Deputy Minister is satisfied
that, notwithstanding the termination of the
undertaking or undertakings, the condition in
paragraph 49(1)(a) or (b), as the case may be,
would no longer exist.
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Effect of
termination of
undertaking
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(1.3) A termination of an undertaking under
subsection (1.2) terminates all proceedings
under this Act respecting the dumping or
subsidizing of the goods to which the
undertaking relates, unless, in any case where
the Deputy Minister has accepted two or more
undertakings, the Deputy Minister, for good
reason, otherwise directs.
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175. Subsection 53(1) of the Act is
replaced by the following:
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Review and
renewal of
undertaking
by Deputy
Minister
|
53. (1) Except where the Tribunal has made
an order or finding under subsection 43(1)
that the dumping or subsidizing of the goods
to which the preliminary determination
applies has caused injury or retardation or is
threatening to cause injury and that order or
finding has not been rescinded under
subsection 76(4), (4.1) or (4.11) or 76.1(2), the
Deputy Minister shall review the undertaking
before the expiration of five years from the
date on which it was accepted and before the
expiration of each subsequent period, if any,
for which it is renewed pursuant to this section
and if, on any such review, the Deputy
Minister is satisfied
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the Deputy Minister shall renew the
undertaking for a further period of not more
than five years.
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176. (1) Section 55 of the Act is
renumbered as subsection 55(1).
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(2) Paragraphs 55(1)(b) and (c) of the Act
are replaced by the following:
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the Deputy Minister shall cause a designated
officer to determine, not later than six months
after the date of the order or finding,
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(3) Section 55 of the Act is amended by
adding the following after subsection (1):
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Application
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(2) Subsection (1) applies only in respect of
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177. Section 60 of the Act is renumbered
as subsection 60(1) and is amended by
adding the following:
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Decision of
Deputy
Minister
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(2) Notwithstanding subsection 25(2), any
duties imposed, by virtue of this Act, on goods
sold to an importer in Canada shall be
included in the costs referred to in
subparagraph 25(1)(c)(i) or (d)(v), as the case
may be, where, in any re-determination
referred to in subsection (1), the Deputy
Minister is of the opinion that
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R.S., c. 1 (2nd
Supp.), s. 207
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178. Subsections 62.1(1) and (2) of the Act
are replaced by the following:
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Interest on
amounts
owing
|
62.1 (1) Any person who fails to pay any
amount owing under paragraph 60(1)(a) 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
thirty days after the amount became
outstanding during which any amount remains
outstanding, calculated on the amount
outstanding.
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Interest on
refunds
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(2) Any person who is given a refund under
paragraph 60(1)(b) of an amount paid shall be
given, in addition to the refund, interest 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
amount was paid and the time the refund is
given, calculated on the amount of the refund.
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179. The Act is amended by adding the
following after section 76:
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Request by
Minister of
Finance for
review
|
76.1 (1) Where at any time after the
issuance, by the Dispute Settlement Body
established pursuant to Article 2 of Annex 2 to
the WTO Agreement, of a recommendation or
ruling, the Minister of Finance considers it
necessary to do so, having regard to the
recommendation or ruling, the Minister of
Finance may request that
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