Bill C-35

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	1st Session, 36th Parliament, 46-47-48 Elizabeth II, 1997-98-99
	The House of Commons of Canada
	BILL C-35
	An Act to amend the Special Import Measures Act and the Canadian International Trade Tribunal Act
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. S-15; R.S., c. 23 (1st Supp.), c. 1 (2nd Supp.), c. 41 (3rd Supp.), c. 47 (4th Supp.); 1988, c. 65; 1990, c. 8; 1993, c. 44; 1994, cc. 13, 47; 1997, c. 14	SPECIAL IMPORT MEASURES ACT
1994, c. 47, s. 144(2)	*1. (1) The definition ``order or finding'' in subsection 2(1) of the Special Import Measures Act* is replaced by the following:**
``order or finding'' « ordonnan- ce ou conclu- sions »	``order or finding'', in relation to the Tribunal,
	(a) means an order or finding made by the Tribunal under section 43 or 44 that has not been rescinded under any of sections 76.01 to 76.1 and subsection 91(3) but, if the order or finding has been amended one or more times under any of sections 76.01 to 76.1, as last so amended, and
	(b) includes, for the purposes of sections 3 to 6 and 76 to 76.1, an order or finding made by the Tribunal under subsection 91(3) that has not been rescinded under any of sections 76.01 to 76.1 but, if the order or finding has been amended one or more times under any of sections 76.01 to 76.1, as last so amended;
1994, c. 47, s. 144(3)	(2) The definition ``branche de production nationale'' in subsection 2(1) of the French version of the Act is replaced by the following:
« branche de production nationale » ``domestic industry''	« branche de production nationale » Sauf pour l'application de l'article 31 et sous réserve du paragraphe (1.1), l'ensemble des producteurs nationaux de marchandises similaires ou les producteurs nationaux dont la production totale de marchandises similaires constitue une proportion majeure de la production collective nationale des marchandises similaires. Peut toutefois en être exclu le producteur national qui est lié à un exportateur ou à un importateur de marchandises sous-évaluées ou subventionnées, ou qui est lui-même un importateur de telles marchandises.
1994, c. 47, s. 144(2)	(3) Subparagraph (b)(i) of the definition ``properly documented'' in subsection 2(1) of the Act is replaced by the following:
	(i) the information that is available to the complainant to support the facts referred to in subparagraph (a)(ii),
	(4) Paragraph (b) of the definition ``subsidized goods'' in subsection 2(1) of the Act is replaced by the following:
	(b) goods that are disposed of by the government of a country other than Canada for less than fair market value,
1994, c. 47, s. 144(2)	(5) Paragraph (a) of the definition ``subsidy'' in subsection 2(1) of the Act is replaced by the following:
	(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 by the government of the country of origin or country of export on
	(i) goods that, 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 remission, refund or drawback,
	(ii) energy, fuel, oil and catalysts that are used or consumed in the production of exported goods and that have been exempted or have been or will be relieved by means of remission, refund or drawback, or
	(iii) goods incorporated into exported goods and that have been exempted or have been or will be relieved by means of remission, refund or drawback, or
	(6) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
``country'' « pays »	``country'', unless the context requires otherwise, includes
	(a) an external or dependent territory of a country and any other territory prescribed by regulation made by the Governor in Council, and
	(b) except for the purposes of proceedings respecting the dumping of goods, a customs union;
1994, c. 47, s. 145(1)	2. (1) The portion of subsection 3(1) of the Act before paragraph (a) is replaced by the following:
Anti- dumping and counter- vailing 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, is threatening to cause injury or would have caused injury or retardation except for the fact that provisional duty was applied in respect of the goods, a duty as follows:
1994, c. 47, s. 145(2)	(2) Subsection 3(2) of the Act is replaced by the following:
Duty where undertaking violated	(2) If 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 terminated under paragraph 52(1)(d), there shall be levied, collected and paid a duty as provided under paragraphs (1)(a) and (b) on all of those goods that were
	(a) if paragraph 52(1)(a) applies, released on or after the later of
	(i) the day on which the undertaking was violated, and
	(ii) the ninetieth day before the day on which notice of termination was given under paragraph 52(1)(e); and
	(b) if paragraph 52(1)(b) or (c) applies, released on or after the day on which notice of termination was given under paragraph 52(1)(e).
1993, c. 44, s. 202	3. (1) The portion of subsection 8(1.1) of the Act before paragraph (a) is replaced by the following:
Duty imposed on referral back	(1.1) If an order or finding of the Tribunal under subsection 43(1), 76.02(4) respecting a review under subsection 76.02(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 beginning on the day on which the preliminary determination is made under subsection 38(1) 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,
	(2) Section 8 of the Act is amended by adding the following after subsection (1.1):
Imposition of provisional duties on referral back from Federal Court of Appeal	(1.2) If an order or finding of the Tribunal under subsection 43(1), 76.02(4) respecting a review under subsection 76.02(1), or 91(3), other than an order or finding described in any of sections 3 to 6, is referred back to the Tribunal by the Federal Court of Appeal, 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 beginning on the day on which the preliminary determination under subsection 38(1) 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.
1988, c. 65, s. 26(2)	(3) The portion of subsection 8(2) of the Act before paragraph (a) is replaced by the following:
Return of provisional duty	(2) Any provisional duty paid or security posted under subsection (1), (1.1) or (1.2) by or on behalf of an importer in respect of the importation of dumped or subsidized goods of any description shall
1994, c. 47, s. 149(4)	(4) The portion of subsection 8(6) of the Act before paragraph (a) is replaced by the following:
Resumption of collection	(6) If the Deputy Minister terminates an undertaking under 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 under subsection 38(1) applied and that are released during the period beginning on the day on which the undertaking was terminated and ending on the earlier of
1993, c. 44, s. 206	4. Subsection 9.4(1) of the Act is replaced by the following:
Duty reimposed on referral back	9.4 (1) If an order of the Tribunal under subsection 76.01(5) or paragraph 76.03(12)(a) 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.
	5. Subsection 12(2) of the Act is replaced by the following:
Return of duty	(2) If the Deputy 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 Deputy Minister shall return that amount to the importer or owner of the goods by or on whose behalf it was paid.
1994, c. 47, s. 151	6. (1) Subsection 13.2(1) of the Act is replaced by the following:
Request for review	13.2 (1) An exporter to Canada or producer 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 if the exporter or producer
	(a) establishes that they are not associated with any exporter who is in the same country as the goods that are subject to the order or finding and who had been given notice under subparagraph 34(1)(a)(i); and
	(b) 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.
1994, c. 47, s. 151	(2) Subsection 13.2(5) of the Act is replaced by the following:
Confirma- tion, etc., deemed to be a re- determination	(5) A confirmation or amendment of a normal value, export price or amount of subsidy under subsection (3) is, for the purposes of paragraph 57(b), deemed to be a re-determination of a normal value, export price or amount of subsidy, as the case may be, by a designated officer referred to in that paragraph.
	7. Section 20 of the Act is renumbered as subsection 20(1) and is amended by adding the following:
Limitation	(2) The Deputy Minister may not designate a country under paragraph (1)(d) if
	(a) the like goods of that country are also the subject of investigation under this Act, unless the Deputy Minister is of the opinion that those goods are not dumped goods; or
	(b) in the opinion of the Deputy Minister, the price of the like goods imported into Canada has been significantly influenced by a country described in paragraphs (1)(a) and (b).
	8. (1) The portion of subsection 21(1) of the Act before paragraph (a) is replaced by the following:
Credit sales of like goods	21. (1) Where any sale of like goods referred to in section 17, paragraph 19(a), subparagraph 20(1)(c)(i) or paragraph 20(1)(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
	(2) Section 21 of the Act is amended by adding the following after subsection (1):
Adjustment of unit price	(1.1) The unit price arrived at under subsection (1) shall be adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, taxation and other matters that relate to price comparability between the goods sold to the importer in Canada and the like goods sold.
	9. Paragraph 26(a) of the Act is replaced by the following:
	(a) the indemnity, payment or reimbursement is deemed not to be a compensatory arrangement referred to in subparagraph 25(1)(b)(ii); and
	10. Section 27 of the Act is amended by adding the following after subsection (1):
Adjustment of unit price	(1.1) The unit price arrived at under subsection (1) shall be adjusted in the prescribed manner and circumstances.
	11. Paragraph 30(2)(b) of the Act is replaced by the following:
	(b) would, but for this section, have a normal value as computed under sections 15 to 23 or section 29 that is less than the normal value would be if the country of export were the country of origin,
1994, c. 47, s. 159	12. Section 30.1 of the Act is replaced by the following:
Determi- nation 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 (2)(a), the margin of dumping in relation to goods of a particular country is the weighted average of the margins of dumping determined in accordance with section 30.2.
1994, c. 47, s. 159	13. Subsections 30.2(1) and (2) of the English version of the Act are replaced by the following:
Margin of dumping re goods of an exporter	30.2 (1) Subject to subsection (2), the margin of dumping in relation to any goods of 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.
If variation in price	(2) The Deputy Minister may determine the margin of dumping in relation to any goods of a particular exporter to be the weighted average of the margins of dumping in relation to the goods of that exporter that are sold in any individual sales of goods of that exporter that the Deputy Minister considers relevant if, in the opinion of the Deputy Minister, there are significant variations in the prices of goods of that exporter among purchasers, regions in Canada or time periods.
1994, c. 47, s. 159	14. Subsection 30.3(1) of the Act is replaced by the following:
Margin of dumping based on sample	30.3 (1) The Deputy Minister may, if 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 of 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 of 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.
1994, c. 47, s. 160	15. (1) Subsections 31(2) and (3) of the Act are replaced by the following:
Standing	(2) No investigation may be initiated under subsection (1) as a result of a complaint unless
	(a) 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
	(b) 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.

Bill C-35

BILL C-35

SPECIAL IMPORT MEASURES ACT