Bill C-44 “An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures” (also known as “Budget Implementation Act, 2017, No. 1”) has received Royal Assent (on June 22, 2017). The “other measures” include amendments to the Special Import Measures Act (Canada’s trade remedies law). The measures include a requirement that the Canada Border Services Agency (“CBSA”) terminate antidumping proceedings if a foreign producer receives a negligible dumping margin during an antidumping investigation.
Subsection 35(1.1) of the Special Import Measures Act (“SIMA”) requires that the President of the CBSA terminate a dumping investigation if, the margin of dumping on any goods of a particular exporter appears to be insignificant (that is, less than 2%) based on the evidence before the President. Similarly, the President of the CBSA may terminate a subsidy investigation if, the amount of subsidy on any goods of a particular exporter appears to be insignificant based on the evidence before the President.
Canada is bringing SIMA into compliance with Canada’s World Trade Organization obligations. Subsection 41(1) and (2) of SIMA are amended to grant the President of the CBSA authority to terminate antidumping and subsidy investigations against a particular exporter (SIMA did not previously provide this authority). Subsection 41(1) of SIMA sets out the general rule: