Bill C-35

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Meaning of ``domestic producers''	(2.1) For the purpose of paragraph (2)(a), if a domestic producer is an importer of, or is related to an exporter or importer of, allegedly dumped or subsidized goods, ``domestic producers'' may, subject to subsection 2(1.1), be interpreted as meaning the rest of those domestic producers.
Meaning of ``domestic industry''	(3) In paragraph (2)(b), domestic industry means, subject to subsection 2(1.1), the domestic producers as a whole of the like goods except that, if 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.
1994, c. 47, s. 160	(2) The portion of subsection 31(4) of the Act before paragraph (a) is replaced by the following:
Producers related to exporters or importers	(4) For the purposes of subsections (2.1) and (3), a domestic producer is related to an exporter or importer if
R.S., c. 47 (4th Supp.), s. 52 (Sch., item 10(3))	16. Subsection 32(3) of the Act is replaced by the following:
Deemed complaint	(3) If a written complaint filed with the Tribunal under subsection 23(1) of the Canadian International Trade Tribunal Act is referred to the Deputy Minister under subsection 26(4) or 28(1) of that Act, the Deputy Minister is deemed to have received a written complaint described in subsection (1).
1994, c. 47, ss. 164, 165	17. Sections 34 and 35 of the Act are replaced by the following:
Notice of investigation	34. (1) If the Deputy Minister causes an investigation to be initiated respecting the dumping or subsidizing of goods, the Deputy Minister shall
	(a) in the case of an investigation initiated under any provision of this Act other than section 7, cause notice of the investigation
	(i) to be given to the Secretary, the exporter, the importer, the government of the country of export, the complainant, if any, and any other prescribed persons, and
	(ii) to be published in the Canada Gazette; and
	(b) without delay provide the Tribunal with the information and material with respect to the matter that is required under the Tribunal's rules.
Tribunal to make preliminary inquiry	(2) The Tribunal shall, without delay after receipt by the Secretary under subparagraph (1)(a)(i) of a notice of an initiation of an investigation, make a preliminary inquiry (which need not include an oral hearing) into whether the evidence discloses a reasonable indication that the dumping or subsidizing of the goods has caused injury or retardation or is threatening to cause injury.
Termination of investigation or inquiry	35. (1) The Deputy Minister shall act under subsection (2) and the Tribunal shall act under subsection (3) if, at any time before the Deputy Minister makes a preliminary determination under subsection 38(1) in respect of goods of a country or countries,
	(a) the Deputy Minister is satisfied in respect of some or all of those goods that
	(i) there is insufficient evidence of dumping or subsidizing to justify proceeding with the investigation,
	(ii) the margin of dumping of, or the amount of subsidy on, the goods of that country or of any of those countries is insignificant, or
	(iii) the actual and potential volume of dumped or subsidized goods is negligible; or
	(b) the Tribunal comes to the conclusion in respect of some or all of those goods that the evidence does not disclose a reasonable indication that the dumping or subsidizing of the goods has caused injury or retardation or is threatening to cause injury.
Duty of Deputy Minister	(2) The Deputy Minister shall
	(a) cause the investigation to be terminated with respect to the goods in respect of which the Deputy Minister is so satisfied or the Tribunal has come to that conclusion; and
	(b) cause notice of the termination to be
	(i) given to the Secretary, the exporter, the importer, the government of the country of export, the complainant, if any, and any prescribed persons, and
	(ii) published in the Canada Gazette.
Duty of Tribunal	(3) The Tribunal shall
	(a) cause the preliminary inquiry to be terminated with respect to the goods in respect of which the Deputy Minister is so satisfied or the Tribunal has come to that conclusion; and
	(b) cause notice of the termination to be
	(i) given to the Deputy Minister, the exporter, the importer, the government of the country of export, the complainant, if any, and any prescribed persons, and
	(ii) published in the Canada Gazette.
1997, c. 14, s. 90	18. (1) Subsection 35.1(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (a) and by replacing paragraph (b) with the following:

	(b) the Tribunal shall cause any preliminary inquiry initiated under subsection 34(2) to be terminated to the extent that it relates to the dumping of those goods; and
	(c) all related proceedings are terminated to the extent that they relate to the dumping of those goods.

1997, c. 14, s. 90	(2) The portion of subsection 35.1(2) of the Act before paragraph (a) is replaced by the following:
Notice of termination	(2) The Deputy Minister or the Tribunal, as the case may be, shall cause notice of the termination
1994, c. 47, s. 165	19. Section 36 of the Act is repealed.
	20. The portion of section 37 of the Act before paragraph (a) is replaced by the following:
Tribunal to give advice	37. If a reference is made to the Tribunal under section 33 on any question in relation to any matter before the Deputy Minister,
	21. The heading before section 38 of the Act is replaced by the following:
	Preliminary Determination of Injury or of Dumping or Subsidizing
Preliminary determina- tion of injury	37.1 (1) On or before the sixtieth day after the initiation of an investigation under section 31, the Tribunal shall make, with respect to the goods in respect of which the investigation has not been terminated under section 35, a preliminary determination that there is evidence that discloses a reasonable indication that the dumping or subsidizing has caused injury or retardation or is threatening to cause injury.
Notification	(2) The Tribunal shall cause notice of the preliminary determination to be
	(a) given to the Deputy Minister, the exporter, the importer, the government of the country of export, the complainant, if any, and any prescribed persons; and
	(b) published in the Canada Gazette.
1994, c. 47, s. 166(1)	22. (1) The portion of subsection 38(1) of the Act before paragraph (a) is replaced by the following:
Preliminary determina- tion of dumping or subsidizing	38. (1) Subject to section 39, after the sixtieth and on or before the ninetieth day after the initiation of an investigation under section 31, the Deputy Minister shall make a preliminary determination of dumping or subsidizing with respect to the goods in respect of which the investigation has not been terminated under section 35 after estimating and specifying, in relation to each exporter of goods in respect of which the investigation is made, as follows:
	(2) Paragraph 38(1)(c) of the English version of the Act is replaced by the following:
	(c) in the case of dumped or subsidized goods, specifying the name of the person the Deputy Minister believes, on the information available to the Deputy Minister at the time the Deputy Minister makes the estimate referred to in subparagraph (a)(i) or (b)(i), as the case may be, is the importer in Canada of the goods.
1994, c. 47, para. 186(a)	23. The portion of subsection 39(1) of the Act before paragraph (a) is replaced by the following:
Time extended	39. (1) If, in any investigation respecting the dumping or subsidizing of goods, the Deputy Minister, before the expiration of the ninety days referred to in subsection 38(1), causes written notice to be given to the persons and the government referred to in paragraph 34(1)(a) that by reason of
	24. Section 40 of the Act is repealed.
1994, c. 47, s. 167(1)	25. (1) The portion of subsection 41(1) of the Act before paragraph (a) is replaced by the following:
Final determina- tion or termination	41. (1) Within ninety days after making a preliminary determination under subsection 38(1) in respect of goods of a country or countries, the Deputy Minister shall
1994, c. 47, s. 167(1)	(2) The portion of paragraph 41(1)(a) of the Act before subparagaph (iii) is replaced by the following:
	(a) if, on the available evidence, the Deputy Minister is satisfied, in relation to the goods of that country or countries in respect of which the investigation is made, that
	(i) the goods have been dumped or subsidized, and
	(ii) the margin of dumping of, or the amount of subsidy on, the goods of that country or of any of those countries is not insignificant,
	make a final determination of dumping or subsidizing with respect to the goods after specifying, in relation to each exporter of goods of that country or countries in respect of which the investigation is made as follows:
	(3) Subsection 41(2) of the Act is replaced by the following:
Exception	(2) The Deputy Minister shall not specify anything under clause (1)(a)(iv)(C) if the Deputy Minister is of the opinion that, having regard to the country that is providing the export subsidy, the nature of the goods and the circumstances under which the export subsidy is provided, provision of the export subsidy in relation to those goods is not inconsistent with that country's obligations under the international agreement known as the General Agreement on Tariffs and Trade, 1994.
1994, c. 47, s. 169	26. (1) The portion of subsection 42(3) of the Act before paragraph (a) is replaced by the following:
Assessment of cumulative effect	(3) In making or resuming its inquiry under subsection (1), the Tribunal shall make an assessment of the cumulative effect of the dumping or subsidizing of goods to which the preliminary determination applies that are imported into Canada from more than one country if the Tribunal is satisfied that
1994, c. 47, s. 169	(2) Paragraph 42(3)(b) of the French version of the Act is replaced by the following:
	b) l'évaluation des effets cumulatifs est indiquée compte tenu des conditions de concurrence entre les marchandises, visées par la décision provisoire, importées au Canada en provenance d'un ou de plusieurs de ces pays et :
	(i) soit les marchandises, visées par la décision provisoire, importées au Canada en provenance d'un ou de plusieurs autres de ces pays,
	(ii) soit les marchandises similaires des producteurs nationaux.
	(3) Section 42 of the Act is amended by adding the following after subsection (4):
Termination of inquiry if volume is negligible	(4.1) If the Tribunal determines that the volume of dumped or subsidized goods from a country is negligible, the Tribunal shall terminate its inquiry in respect of those goods.
	(4) Section 42 of the Act is amended by adding the following after subsection (5):
Volume of dumped or subsidized goods	(6) For the purposes of this section, the volume of dumped or subsidized goods from a country is deemed to include the volume of goods of the country that are of the same description and are the subject of a sale for export to Canada.
	27. Section 45 of the Act is replaced by the following:
Initiation of inquiry if imposition of duty not in public interest	45. (1) If, as a result of an inquiry referred to in section 42 arising out of the dumping or subsidizing of any goods, the Tribunal makes an order or finding described in any of sections 3 to 6 with respect to those goods, the Tribunal shall, on its own initiative or on the request of an interested person that is made within the prescribed period and in the prescribed manner, initiate a public interest inquiry if the Tribunal is of the opinion that there are reasonable grounds to consider that the imposition of an anti-dumping or countervailing duty, or the imposition of such a duty in the full amount provided for by any of those sections, in respect of the goods would not or might not be in the public interest.
Publication of notice	(2) The Secretary shall publish in the Canada Gazette notice of a decision to initiate a public interest inquiry.
Considera- tion of prescribed factors	(3) In a public interest inquiry, the Tribunal shall take into account any factors, including prescribed factors, that it considers relevant.
Report	(4) If, as a result of a public interest inquiry, the Tribunal is of the opinion that the imposition of an anti-dumping or countervailing duty, or the imposition of such a duty in the full amount provided for by any of sections 3 to 6, in respect of the goods would not or might not be in the public interest, the Tribunal shall without delay
	(a) report to the Minister of Finance that it is of that opinion and provide that Minister with a statement of the facts and reasons that caused it to be of that opinion; and
	(b) cause notice of the report to be published in the Canada Gazette.
Details in report	(5) If the Tribunal is of the opinion that the imposition of an anti-dumping or countervailing duty in the full amount would not or might not be in the public interest, the Tribunal shall, in the report referred to in paragraph (4)(a), specify either
	(a) a level of reduction in the anti-dumping or countervailing duty provided for in any of sections 3 to 6; or
	(b) a price or prices that are adequate to eliminate injury, retardation or the threat of injury to the domestic industry.
Persons interested may make representa- tions	(6) If a person interested in a public interest inquiry makes a request to the Tribunal within the prescribed period and in the prescribed manner for an opportunity to make representations to the Tribunal on the question whether the Tribunal should make a report under paragraph (4)(a) with respect to any goods in respect of which the inquiry is being made, the Tribunal shall give that person an opportunity to make representations to the Tribunal on that question orally or in writing, or both, as the Tribunal directs in the case of that inquiry.
1993, c. 44, s. 210; 1997, c. 14, s. 91	28. Subsection 47(1) of the Act is replaced by the following:
Termination of proceedings	47. (1) An order or finding made by the Tribunal with respect to any dumped or subsidized goods, other than an order or finding described in any of sections 3 to 6, terminates all proceedings under this Act respecting the dumping or subsidizing of the goods, other than proceedings under Part I.1 or II or subsection 76.02(1) or (3).
	29. Section 49 of the Act is amended by adding the following after subsection (4):
Considera- tion of representa- tions	(5) In considering whether to accept an undertaking, the Deputy Minister shall consider any representations received from the importer, exporter, government of the country of export or any other interested person.
	30. The Act is amended by adding the following after section 51:

Bill C-35

Preliminary Determination of Injury or of Dumping or Subsidizing