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On April 20, 2016, the Department of Finance Canada tabled legislation (Bill C-15) entitled the 'Budget Implementation Act 2016 No. 1.' Included in this omnibus bill are numerous proposed changes to Canada's trade-remedy laws, with articles 192-200 making changes to the trade-remedy laws. Most of the changes relate either to situations where the margins of dumping and amounts of subsidy are determined to be insignificant, or concern decisions by the Canada Border Services Agency (CBSA) and the Canadian International Trade Tribunal in an expiry review. The bill was enacted into law, receiving the royal assent on June 22, 2016. Division 10 of Part 4 amends the Special Import Measures Act (SIMA) to provide that a finding by the President of the CBSA of an insignificant margin of dumping or an insignificant amount of subsidy in respect of goods imported into Canada will no longer result in the termination of a trade remedy investigation prior to the President's preliminary determination. Some other changes favor respondents, such as one that allows for non-collection of preliminary duties where the President of the CBSA determines that the margins of dumping and/or subsidy amounts are insignificant. Some of the other proposed changes to SIMA concern the definition of negligible, refunds of antidumping and/or countervailing duties if duties are collected after the rescission of an order of the CITT, the rules relating to the termination of preliminary determinations where CBSA is satisfied in respect of some or all of those goods that the actual or potential volume of goods is negligible, and giving CBSA discretion to use the information available during the preliminary dumping investigation/preliminary subsidy investigation and determine that the margin or dumping or amount of subsidy is insignificant. Section 200 of Bill C-15 indicate that the changes also apply to goods from a NAFTA country.
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