(a) the margin of dumping or the amount of the subsidy in relation to the goods from each of those countries is not insignificant and the volume of the goods from each of those countries is not negligible; and

    (b) an assessment of the cumulative effect would be appropriate taking into account the conditions of competition between goods to which the preliminary determination applies that are imported into Canada from any of those countries and

      (i) goods to which the preliminary determination applies that are imported into Canada from any other of those countries, or

      (ii) like goods of domestic producers.

Tribunal to be guided by Canada's obligations

(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.

When domestic industry based on regional markets

(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

    (a) there is a concentration of those goods into the regional market; and

    (b) the dumping or subsidizing of those goods has caused injury or retardation or is threatening to cause injury to the producers of all or almost all of the production of like goods in the regional market.

170. Section 46 of the Act is replaced by the following:

Tribunal to advise Deputy Minister

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

    (a) there is evidence that goods the uses and other characteristics of which closely resemble the uses and other characteristics of goods to which the preliminary determination applies have been or are being dumped or subsidized, and

    (b) the evidence discloses a reasonable indication that the dumping or subsidizing referred to in paragraph (a) has caused injury or retardation or is threatening to cause injury,

the Tribunal, by notice in writing setting out the description of the goods first mentioned in paragraph (a), shall so advise the Deputy Minister.

171. (1) The portion of subsection 49(1) of the Act before paragraph (a) is replaced by the following:

Acceptance of undertaking

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

(2) Paragraph 49(1)(b) of the Act is replaced by the following:

    (b) any injury, retardation or threat of injury that is being caused by the dumping or subsidizing.

(3) Paragraph 49(2)(b) of the Act is replaced by the following:

    (b) unless the Deputy Minister has made a preliminary determination under subsection 38(1); or

(4) Section 49 of the Act is amended by adding the following after subsection (2):

Request to complete investigation and inquiry

(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,

    (a) the undertaking must be accompanied by a request to the Deputy Minister to complete the investigation; and

    (b) a request must be made to the Tribunal to complete its inquiry.

Time for offering undertaking

(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.

172. Section 50 of the Act is replaced by the following:

Procedure where undertaking accepted

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,

    (a) the Deputy Minister shall

      (i) cause notice of the acceptance to be given and published as provided in paragraph 34(1)(a),

      (ii) suspend the collection of provisional duties with respect to those goods, as provided under subsection 8(5),

      (iii) suspend the investigation unless the requests referred to in subsection 49(3) were made, and

      (iv) notify the Tribunal of any suspension under subparagraph (iii); and

    (b) the Tribunal shall suspend its inquiry with respect to the dumping or subsidizing of goods with respect to which the undertaking or undertakings have been accepted unless the requests referred to in subsection 49(3) were made.

Suspension of operation of time period

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.

Extension of time period

(2) A period to which subsection (1) applies is extended by a period equal to

    (a) where subsection 51(1) applies in respect of the undertaking, the period between the day on which the undertaking was accepted and the day on which it was terminated; or

    (b) in any other case, the period between the day on which the preliminary determination was made in respect of the goods to which the undertaking applies and the day on which the undertaking was accepted.

173. Subsection 51(1) of the Act is replaced by the following:

Deputy Minister to terminate undertaking

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

    (a) in the case of dumped goods, the importer or exporter of the goods or the complainant in the investigation respecting the goods; and

    (b) in the case of subsidized goods, the importer, exporter or government of the country of export of the goods or the complainant in the investigation respecting the goods.

174. Subsection 52(1) of the Act is replaced by the following:

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

    (a) is satisfied that the undertaking or any of the undertakings has been or is being violated,

    (b) would not have accepted the undertaking or undertakings if the information available at that time had been available when the undertaking was accepted, or

    (c) would not have accepted the undertaking or undertakings if the circumstances prevailing at that time had prevailed when the undertaking was accepted,

the Deputy Minister shall forthwith

    (d) terminate the undertaking or undertakings,

    (e) cause notice of the termination of the undertaking or undertakings to be given and published as provided in paragraph 34(1)(a) and filed with the Secretary in writing, and

    (f) where the investigation has been suspended under subparagraph 50(a)(iii), cause it to be resumed.

Termination where no dumping, etc.

(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,

    (a) there has been a determination under subsection 41(1) or section 41.1 that

      (i) there has been no dumping or subsidizing of the goods,

      (ii) the margin of dumping of, or the amount of the subsidy on, the goods is insignificant, or

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

    (b) an order or finding has been made under subsection 43(1) that there has been no injury, retardation or threat of injury as a result of the dumping or subsidizing of the goods, or

    (c) the Tribunal has, under subsection 76(4), (4.1) or (4.11) or 76.1(2), rescinded an order or finding with respect to the goods,

the Deputy Minister shall forthwith

    (d) terminate the undertaking or undertakings, and

    (e) cause notice of the termination of the undertaking or undertakings to be given and published as provided in paragraph 34(1)(a) and filed with the Secretary in writing.

Termination where conditions no longer exist

(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.

Effect of termination of undertaking

(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.

175. Subsection 53(1) of the Act is replaced by the following:

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

    (a) that the undertaking continues to serve the purpose for which it was intended, and

    (b) that the Deputy Minister is not required to terminate it under section 52,

the Deputy Minister shall renew the undertaking for a further period of not more than five years.

176. (1) Section 55 of the Act is renumbered as subsection 55(1).

(2) Paragraphs 55(1)(b) and (c) of the Act are replaced by the following:

    (b) has, where applicable, received from the Tribunal an order or finding described in any of sections 4 to 6 with respect to the goods to which the final determination applies,

the Deputy Minister shall cause a designated officer to determine, not later than six months after the date of the order or finding,

    (c) in respect of any goods referred to in subsection (2), whether the goods are in fact goods of the same description as goods described in the order or finding,

(3) Section 55 of the Act is amended by adding the following after subsection (1):

Application

(2) Subsection (1) applies only in respect of

    (a) goods released on or after the day on which a preliminary determination has been made, and on or before the day on which an undertaking has been accepted, in respect of the goods;

    (b) goods described in paragraph 5(b) or 6(b);

    (c) goods that are released on or after the day on which an undertaking with respect to those goods has been terminated pursuant to section 52 and on or before the day on which the Tribunal makes an order or finding pursuant to subsection 43(1) with respect to the goods; and

    (d) goods described in paragraph 4(1)(b) or (2)(c).

177. Section 60 of the Act is renumbered as subsection 60(1) and is amended by adding the following:

Decision of Deputy Minister

(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

    (a) the goods were resold by the person referred to in paragraph 25(1)(c) who purchased the goods from the importer or by a subsequent purchaser at a price that is lower than the total of

      (i) the price at which the seller acquired the goods, and

      (ii) the administrative, selling and all other costs directly or indirectly attributable to the sale of the goods; and

    (b) the export price, determined under section 24, of the goods is unreliable for a reason set out in subparagraph 25(1)(b)(ii).

R.S., c. 1 (2nd Supp.), s. 207

178. Subsections 62.1(1) and (2) of the Act are replaced by the following:

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.

Interest on refunds

(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.

179. The Act is amended by adding the following after section 76:

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

    (a) the Deputy Minister review any decision or determination or any portion of a decision or determination made under this Act; or