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Bill C-57

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Resumption of collection

(6) Where the Deputy Minister terminates an undertaking pursuant to 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 applied and that are released during the period beginning on the day on which the undertaking was terminated and ending on the earlier of

    (a) the day on which the Deputy Minister causes the investigation to be terminated pursuant to subsection 41(1) with respect to goods of that description, and

    (b) the day on which the Tribunal makes an order or finding with respect to goods of that description,

shall, on demand of the Deputy Minister for payment of provisional duty on the imported goods,

    (c) 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 the subsidy on, the imported goods, or

    (d) post or cause to be posted security in a prescribed form and in an amount or to a value not greater than the estimated margin of dumping of, or the estimated amount of the subsidy on, the imported goods,

at the option of the importer.

R.S., c. 1 (2nd Supp.), s. 199(1)

150. Subsection 11(1) of the Act is replaced by the following:

When duty payable

11. (1) The importer in Canada of any goods imported into Canada in respect of which duty, other than provisional duty, is payable shall, on demand of the Deputy Minister and notwithstanding any security posted pursuant to paragraph 8(1)(d) or subsection 13.2(4), pay or cause to be paid all such duties on the goods.

151. The Act is amended by adding the following after section 13.1:

Expedited Review of Normal Value, Export Price or Amount of Subsidy

Request for review

13.2 (1) An exporter to Canada 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 where

    (a) the exporter establishes that the exporter is not associated with any other exporter from that country of goods to which the order or finding relates; and

    (b) the exporter 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.

Form of request

(2) A request under subsection (1) shall be made in the prescribed manner and form and shall contain the prescribed information.

Review

(3) Where the Deputy Minister receives a request under subsection (1), the Deputy Minister shall initiate a review, on an expedited basis, of the normal value, export price or amount of subsidy, as the case may be, and shall, on completion of the review, either confirm or amend the value, price or amount.

Posting of security

(4) An importer of goods that are of the same description as any goods to which a review under subsection (3) applies and that are released during the period beginning on the day the review is initiated and ending on the day on which the Deputy Minister completes the review shall, on demand of the Deputy Minister for payment of duty, post, or cause to be posted, security in the prescribed manner and form and in an amount, or of a value, equal to the margin of dumping of, or amount of subsidy on, the goods.

Confirmation, etc, deemed to be a determination

(5) A confirmation or amendment of a normal value, export price or amount of subsidy under subsection (3) shall, for the purposes of subsection 56(1), be deemed to be a determination of a normal value, export price or amount of subsidy, as the case may be, by a customs officer referred to in that subsection.

152. The heading ``normal value and export price'' before section 15 of the Act is replaced by the following:

NORMAL VALUE, EXPORT PRICE, MARGIN OF DUMPING AND AMOUNT OF SUBSIDY

153. (1) Paragraph 16(2)(b) of the Act is replaced by the following:

    (b) any sale of like goods by the exporter within a period, determined by the Deputy Minister, of not less than six months, where

      (i) the sale is made at a price that is less than the cost of the goods,

      (ii) either

        (A) the sale is of a volume that, or is one of a number of sales referred to in subparagraph (i) the total volume of which, is not less than twenty per cent of the total volume of like goods sold during that period, or

        (B) the average selling price of like goods sold by the exporter during that period is less than the average cost of those like goods, and

      (iii) the sale is made at a price per unit that is not greater than the average cost of all like goods sold during that period.

(2) Section 16 of the Act is amended by adding the following after subsection (2):

Meaning of ``cost''

(3) For the purposes of paragraph (2)(b), ``cost'' means, in relation to goods, the cost of production of the goods and the administrative, selling and all other costs with respect to the goods.

154. Section 17 of the Act is replaced by the following:

Price of like goods

17. In determining the normal value of any goods under section 15, the price of like goods when sold by the exporter to purchasers during the period referred to in paragraph 15(d) in a sale or sales that comply with the terms and conditions referred to in section 15 or with those terms and conditions that apply by virtue of subsection 16(1) is, at the option of the Deputy Minister in any case or class of cases, except a case or class of cases to which subsection 30.2(3) applies,

    (a) the weighted average of the prices at which like goods were sold by the exporter to purchasers during that period; or

    (b) the price at which like goods were sold by the exporter in any sale during that period where, in the opinion of the Deputy Minister, the price is representative of the prices at which like goods were sold during that period.

155. Subparagraphs 19(b)(ii) and (iii) of the Act are replaced by the following:

      (ii) a reasonable amount for administrative, selling and all other costs, and

      (iii) a reasonable amount for profits.

156. Clauses 20(c)(ii)(B) and (C) of the Act are replaced by the following:

        (B) a reasonable amount for adminis trative, selling and all other costs, and

        (C) a reasonable amount for profits,

157. The Act is amended by adding the following after section 23:

Costs during start-up period

23.1 Where, in calculating the normal value of any goods, the investigation period includes a start-up period of production, the cost of production of the goods and the administrative, selling and all other costs with respect to the goods for that start-up period of production shall be determined in the prescribed manner.

158. (1) Section 25 of the Act is renumbered as subsection 25(1).

(2) The portion of subparagraph 25(1)(b)(ii) of the Act before clause (A) is replaced by the following:

      (ii) by reason of a compensatory arrangement, made between any two or more of the following, namely, the manufacturer, producer, vendor, exporter, importer in Canada, subsequent purchaser and any other person, that directly or indirectly affects or relates to

(3) Section 25 of the Act is amended by adding the following after subsection (1):

No deduction

(2) No deduction for duties imposed by virtue of this Act may be made under

    (a) subparagraph (1)(c)(i), in the case of an export price determined under paragraph (1)(c), or

    (b) subparagraph (1)(d)(v), in the case of an export price determined under paragraph (1)(d),

where, in the opinion of the Deputy Minister, the export price determined under either of those paragraphs without making such a deduction is equal to or greater than the normal value of the goods.

159. The Act is amended by adding the following after section 30:

Margin of Dumping

Determination 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 41.1(2)(a), the margin of dumping in relation to goods from a particular country is the weighted average of the margins of dumping determined in accordance with section 30.2.

Margin of dumping re goods from an exporter

30.2 (1) Subject to subsection (2), the margin of dumping in relation to any goods from 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.

Where variation in price

(2) Where, in the opinion of the Deputy Minister, there are significant variations in the prices of goods from a particular exporter

    (a) among purchasers,

    (b) among regions in Canada, or

    (c) among time periods,

the Deputy Minister may determine the margin of dumping in relation to any goods from that exporter to be the weighted average of the margins of dumping in relation to the goods of that exporter that are sold in such individual sales of goods of that exporter as the Deputy Minister considers relevant.

Price of like goods

(3) Where subsection (2) applies and any of the normal values used to determine the margins of dumping in relation to goods sold in individual sales are determined in accordance with section 15, the price of like goods used to determine those normal values is the weighted average, determined in accordance with paragraph 17(a), of the prices at which the like goods were sold.

Margin of dumping based on sample

30.3 (1) The Deputy Minister may, where 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 from 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 from 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.

Where information submitted

(2) Where subsection (1) applies, the Deputy Minister shall determine a margin of dumping in relation to any goods under consideration that were not included in the percentage or sample, as the case may be, referred to in that subsection where

    (a) the exporter of the goods submits information for the purpose of determining a margin of dumping; and

    (b) in the opinion of the Deputy Minister, it is practicable to do so.

Other cases

(3) Where subsection (1) applies with respect to goods under consideration, the margin of dumping in relation to those goods that were not included in the percentage or sample and those goods for which a margin of dumping was not determined in accordance with subsection (2) shall be determined in the prescribed manner.

Amount of Subsidy

Amount of subsidy

30.4 (1) Subject to subsections (2) and (3), the amount of subsidy in relation to any goods shall be determined in the prescribed manner.

Where no prescribed manner

(2) Where no manner of determining an amount of subsidy has been prescribed or, in the opinion of the Deputy Minister, sufficient information has not been provided or is not otherwise available to enable the determination of the amount of subsidy in the prescribed manner, the amount of subsidy shall, subject to subsection (3), be determined in such manner as the Minister may specify.

Exception

(3) An amount of subsidy shall not include any amount that is attributable to a non-actionable subsidy.

160. Section 31 of the Act is replaced by the following:

Initiation of investigation

31. (1) The Deputy Minister shall cause an investigation to be initiated respecting the dumping or subsidizing of any goods and whether there is a reasonable indication that such dumping or subsidizing has caused injury or retardation or is threatening to cause injury, forthwith on the Deputy Minister's own initiative or, subject to subsection (2), where the Deputy Minister receives a written complaint respecting the dumping or subsidizing of the goods, within thirty days after the date on which written notice is given by or on behalf of the Deputy Minister to the complainant that the complaint is properly documented, if the Deputy Minister is of the opinion that there is evidence

    (a) that the goods have been dumped or subsidized; and

    (b) that discloses a reasonable indication that the dumping or subsidizing has caused injury or retardation or is threatening to cause injury.

Standing

(2) No investigation may be initiated under subsection (1) as a result of a complaint unless 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 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.

Meaning of ``domestic industry''

(3) In subsection (2), domestic industry means, subject to subsection 2(1.1), the domestic producers as a whole of the like goods except that, where 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.

Producers related to exporters or importers

(4) For the purposes of subsection (3), a domestic producer is related to an exporter or an importer where

    (a) the producer either directly or indirectly controls, or is controlled by, the exporter or importer,

    (b) the producer and the exporter or the importer, as the case may be, are directly or indirectly controlled by a third person, or

    (c) the producer and the exporter or the importer, as the case may be, directly or indirectly control a third person,

and there are grounds to believe that the producer behaves differently towards the exporter or importer than does a non-related producer.

Where there is deemed to be control

(5) For the purposes of subsection (4), a person is deemed to control another person where the first person is legally or operationally in a position to exercise restraint or direction over the other person.

Extension of thirty day period

(6) The period of thirty days referred to in subsection (1) is extended to forty-five days where, before the expiration of the thirty days, the Deputy Minister causes written notice to be given to the complainant and to the government of the country of export that the period of thirty days is insufficient to determine whether there is compliance with either or both of the conditions referred to in subsection (2) and subsection 31.1(1).

Initiation of investigation

(7) The Deputy Minister may, on receipt of a notice in writing from the Tribunal pursuant to section 46 respecting the dumping or subsidizing of any goods, cause an investigation to be initiated respecting the dumping or subsidizing of any goods described in the notice.

Initiation of investigation

(8) Where a reference is made to the Tribunal pursuant to subsection 33(2) and the Tribunal advises that the evidence discloses a reasonable indication that the dumping or subsidizing of the goods that are the subject of the reference has caused injury or retardation or is threatening to cause injury, the Deputy Minister shall initiate an investigation respecting the dumping or subsidizing of the goods forthwith after receipt of the advice.

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