Special Import Measures Regulations

57.16 For the purpose of paragraph 71(c) of the Act, the following factors may be considered in determining whether the change in trade pattern is caused by the imposition of anti-dumping or countervailing duties:

• (a) a difference in costs in respect of

  • (i) goods that are subject to the applicable order of the Governor in Council or the applicable order or finding of the Tribunal, and

  • (ii) the like goods referred to in paragraph 57.12(a) or (b) or the slightly modified goods referred to in paragraph 57.12(c);

• (b) the timing of when an activity referred to in section 57.12 began or substantially increased in relation to the day on which an order imposing a countervailing duty was made under section 7 of the Act or an investigation was initiated under section 31 of the Act, as the case may be;

• (c) the sale, in a country other than Canada, of like goods referred to in paragraph 57.12(b), of parts or components referred to in paragraph 57.12(a) or (b) or of slightly modified goods referred to in paragraph 57.12(c);

• (d) a change in consumer preferences in relation to goods referred to in subparagraph (a)(i) or (ii) or to parts or components referred to in paragraph 57.12(a);

• (e) a change in technology related to the production of goods referred to in subparagraph (a)(i) or (ii);

• (e.1) any economic or commercial factors that are unrelated to the imposition of anti-dumping or countervailing duties; and

• (f) any other relevant factor.