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This enactment makes several amendments to the Special Import
Measures Act and the Canadian International Trade Tribunal Act. It
gives effect to recommendations set out in the December 1996 Report
on the Special Import Measures Act that was issued by the
Sub-Committee on the Review of the Special Import Measures Act (of
the Standing Committee on Finance) and the Sub-Committee on Trade
Disputes (of the Standing Committee on Foreign Affairs and
International Trade). The key elements of the enactment include the
following:
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(a) assignment of responsibility to the Canadian International Trade
Tribunal for preliminary determinations of injury, retardation or
threat of injury to Canadian industry caused by the dumping or
subsidizing of goods;
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(b) provisions governing the disclosure of confidential information
by the Deputy Minister of National Revenue to counsel for parties
in dumping and subsidy investigations, and new penalties for the
unauthorized use of that information;
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(c) provisions governing the disclosure of confidential information
by the Canadian International Trade Tribunal to expert witnesses in
proceedings related to dumping and subsidy investigations, and new
penalties for the unauthorized use of that information;
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(d) provisions governing the consideration, review and termination
of undertakings by the Deputy Minister of National Revenue;
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(e) mandatory cumulation, in Canadian International Trade Tribunal
inquiries and expiry reviews of existing orders and findings, of the
injurious effects of the dumping or subsidizing of goods imported
into Canada from more than one country;
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(f) provisions governing the initiation and conduct of public interest
inquiries in respect of Canadian International Trade Tribunal
findings, including provisions enabling the Tribunal to recommend
a lesser anti-dumping or countervailing duty sufficient to eliminate
injury, retardation or the threat of injury to Canadian industry; and
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(g) provisions governing the conduct of interim and expiry reviews
of existing orders and findings, including the assignment of
responsibility to the Deputy Minister of National Revenue for expiry
review determinations as to the likelihood of the continuation or
resumption of dumping or subsidizing goods.
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The enactment also includes housekeeping amendments that clarify
existing provisions of the Special Import Measures Act.
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