Iodinated Contrast Media Anti-Dumping Duty Remission Order (SOR/2001-161)

Interpretation

1 The following definitions apply in this Order.

comparable iodinated contrast media product

comparable iodinated contrast media product means an iodinated contrast media product that is identified as a close equivalent in accordance with subsection 3(1) or (2). (produit comparable contenant un opacifiant iodé)

compensatory arrangement

compensatory arrangement means an arrangement between any two or more of a manufacturer, producer, vendor, exporter, importer in Canada, subsequent purchaser of an iodinated contrast media product and any other person, entity or organization, that directly or indirectly relates to

• (a) the price of iodinated contrast media products;

• (b) the sale of iodinated contrast media products;

• (c) the net return to the manufacturer, producer, vendor or exporter of iodinated contrast media products; or

• (d) the net cost to the importer in Canada of iodinated contrast media products. (arrangement de nature compensatoire)

cost and profit amount

cost and profit amount means the amount calculated in accordance with the applicable methodology set out in the schedule. (montant des coûts et bénéfices)

import value

import value means the value calculated in accordance with the applicable methodology set out in the schedule. (valeur à l’importation)

iodinated contrast media

iodinated contrast media means iodinated contrast media used for radiographic imaging, in solutions of osmolality less than 900 mOsm/kg H₂O, commonly referred to as low osmolality contrast media, originating in or exported from the United States. (opacifiant iodé)

period of investigation

period of investigation means the period beginning on July 1, 1998 and ending on June 30, 1999, which is the period of investigation identified by the Canada Customs and Revenue Agency in the final determination of dumping made pursuant to section 41 of the Special Import Measures Act in respect of certain iodinated contrast media. (période visée par l’enquête)

reference value

reference value means the value calculated in accordance with the applicable methodology set out in the schedule. (valeur de référence)

resale price

resale price, in respect of iodinated contrast media, means the delivered price of the first arm’s-length sale to an end-user in Canada of an iodinated contrast media product minus all discounts, allowances, rebates, incentives and the value of any compensatory arrangement, including any arrangement with respect to the payment of anti-dumping duties, with those amounts being deducted regardless of whether the discounts, allowances, rebates, incentives, payment or other arrangements are granted at the time of sale or on a periodic basis or are related to purchase volumes. (prix de revente)

Remission

2 Subject to section 5, remission is hereby granted of the per millilitre anti-dumping duties on iodinated contrast media products originating in or exported from the United States that were paid or payable on or after December 31, 1999 under the Special Import Measures Act, in the amount by which such duties exceed the per millilitre anti-dumping duties on iodinated contrast media products calculated pursuant to the applicable methodology set out in the schedule in respect of

• (a) iodinated contrast media products exported by or on behalf of Searle Ltd. and imported by Nycomed Amersham Canada Ltd. that are identical to those products exported by or on behalf of Searle Ltd. and imported by Nycomed Amersham Canada Ltd. during that portion of the period of investigation beginning on January 1, 1999 and ending on June 30, 1999;

• (b) iodinated contrast media products exported by or on behalf of Bristol-Myers Squibb Company and imported by Bracco Diagnostics Canada Inc. that are identical to those products exported by or on behalf of Bristol-Myers Squibb Company and imported by Bracco Diagnostics Canada Inc. during the period of investigation;

• (c) iodinated contrast media products exported by or on behalf of Searle Ltd. and imported by Nycomed Amersham Canada Ltd., or exported by or on behalf of Bristol-Myers Squibb Company and imported by Bracco Diagnostics Canada Inc., other than those to which paragraph (a) or (b) applies; and

• (d) iodinated contrast media products, other than those identified in paragraph (c), exported or imported by any person, entity or organization other than those companies identified in paragraphs (a) and (b).

• 3 (1) For the purposes of paragraph 2(c), each iodinated contrast media product shall be compared to those iodinated contrast media products, exported by or on behalf of and imported by the same companies as was that product, for which reference values can be determined in accordance with section 1 or 2 of the schedule to identify a close equivalent based primarily on the active ingredient of the products, product strength, packaging configuration and sales unit format.

• (2) For the purposes of paragraph 2(d), each iodinated contrast media product shall be compared to those iodinated contrast media products for which reference values can be determined in accordance with sections 1 and 2 of the schedule to identify close equivalents based primarily on product strength, packaging configuration and sales unit format.

4 If the resale price per millilitre for an imported iodinated contrast media product is at a level that produces an import value per millilitre of the product that is less than the reference value per millilitre of the product, the amount of duty remitted shall be reduced by the difference between the reference value and the import value.

Revision

5 The reference value and cost and profit amount for each iodinated contrast media product, calculated using the applicable methodology set out in the schedule, shall be revised on September 1, 2001 and on September 1 of each subsequent year by indexing them to the Consumer Price Index for the immediately preceding one-year period ending June 30.

Conditions

6 Remission is granted on the following conditions:

• (a) the iodinated contrast media product has been released;

• (b) a claim for remission is made by the importer to the Minister of National Revenue within two years after the day on which the iodinated contrast media product is accounted for under section 32 of the Customs Act;

• (c) on request by the Canada Customs and Revenue Agency, the importer files with the Agency the evidence that the Agency requires to determine eligibility for the remission;

• (d) the importer agrees that it shall be subject at any time, including after the remission, to audit by the Canada Customs and Revenue Agency for the purpose of verifying whether the information supplied by the importer under paragraph (b) or (c) is accurate and complete and whether the facts upon which the Agency relied or intends to rely, as applicable, to determine eligibility for remission remain unchanged in all material respects; and

• (e) at the time when the Canada Customs and Revenue Agency elects to conduct the audit referred to in paragraph (d), 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

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