Gypsum Board Products Anti-dumping Duty Remission Order, 2017

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His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 115 of the Customs Tariff, makes the annexed Gypsum Board Products Anti-dumping Duty Remission Order, 2017.^note^note

Interpretation

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The following definitions apply in this Order.

Act means the Special Import Measures Act. (Loi)

Agency means the Canada Border Services Agency. (Agence)

gypsum board products means subject goods as defined in paragraph 30 of the finding of the Canadian International Trade Tribunal issued on January 4, 2017 in Inquiry Number NQ-2016-002. (produits de plaques de plâtre)

import value means the value calculated for B in the formula set out in paragraph 2(1)(b) as if it were the export price in sections 24 and 25 of the Act. (valeur à l’importation)

reference value means the value calculated for A in the formula set out in paragraph 2(1)(b). (valeur de référence)

Remission

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(1)Remission is granted of the anti-dumping duties paid or payable under the Act for each gypsum board product in the amount by which such duties exceed the greater of

(a)0; and

(b)an amount calculated by the following formula:

(2)If the import value calculated for B in the formula set out in subsection (1) is less than the reference value calculated for A in that formula, the amount calculated under subsection (1) is reduced by the difference between the reference value and the import value.

(3)In this section, investigation means the investigation that was initiated on June 8, 2016 under subsection 31(1) of the Act and that led to the finding of the Canadian International Trade Tribunal issued on January 4, 2017 regarding the injurious dumping of gypsum board products.

Revision

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The reference value for each gypsum board product is indexed annually, beginning on January 1, 2018, according to the Industrial Product Price Index for gypsum product manufacturing for the 12-month period ending on September 30 of the immediately preceding calendar year.

Conditions

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Remission is granted on the following conditions:

(a)a claim for remission is made by the importer to the Minister of Public Safety and Emergency Preparedness within two years after the day on which the gypsum board products are accounted for under section 32 of the Customs Act;

(b)on request by the Agency, the importer files with the Agency the evidence or information that the Agency requires to determine eligibility for the remission;

(c)the importer agrees that it is subject at any time, including after the remission, to audit by the Agency for the purpose of determining whether the information supplied by the importer under paragraph (a) or (b) is accurate and complete and whether the facts on which the Agency relied or intends to rely to determine the eligibility for remission remain unchanged in all material respects; and

(d)at the time when the Agency conducts the audit referred to in paragraph (c), the Agency must be able to conclude that the information supplied remains accurate and complete and that the facts remain unchanged in all material respects.

Coming into Force

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This Order comes into force on the day on which it is registered.

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.