Iodinated Contrast Media Anti-Dumping Duty Remission Order (SOR/2001-161)
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Regulations are current to 2024-10-14
SCHEDULE(Sections 1, 2, 3 and 5)Methodologies
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 and Imported by Those Companies During that Portion of the Period of Investigation Beginning on January 1, 1999 and Ending on June 30, 1999
1 The amount of anti-dumping duties referred to in section 2 of this Order, in respect of iodinated contrast media products exported by or on behalf of Searle Ltd. and imported by Nycomed Amersham Canada Ltd., shall, in respect of each iodinated contrast media product, be the greater of
(a) zero, and
(b) the amount determined in the following manner, namely,
(i) the reference value per millilitre of the iodinated contrast media product shall be calculated by increasing, by 11.72%, the export price per millilitre of the product calculated pursuant to section 25 of the Special Import Measures Act for the purposes of the final determination rendered under section 41 of that Act, in respect of the 1999 portion of the period of investigation,
(ii) the cost and profit amount per millilitre of the iodinated contrast media product, which shall include the costs of importing the product into and selling the product in Canada and a profit, shall be established in the following manner, namely,
(A) establish the weighted average export price per millilitre of the iodinated contrast media products, based on the export prices calculated in accordance with section 25 of the Special Import Measures Act for Searle Ltd. in respect of the 1999 portion of the period of investigation,
(B) establish the weighted average resale price per millilitre of the iodinated contrast media products for Nycomed Amersham Canada Ltd. in respect of the 1999 portion of the period of investigation,
(C) subtract from the weighted average resale price the weighted average export price and express the difference as a percentage of the weighted average export price, and
(D) multiply the reference value by the percentage established under clause (C),
(iii) the import value shall be determined by deducting from the resale price per millilitre of the iodinated contrast media product the cost and profit amount established in accordance with subparagraph (ii), and
(iv) the import value shall be subtracted from the reference value.
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 and Imported by Those Companies During the Period of Investigation
2 The amount of anti-dumping duties referred to in section 2 of this Order, in respect of iodinated contrast media products exported by or on behalf of Bristol-Myers Squibb Company and imported by Bracco Diagnostics Canada Inc., shall, in respect of each iodinated contrast media product, be the greater of
(a) zero, and
(b) the amount determined in the following manner, namely,
(i) the reference value per millilitre of the iodinated contrast media product shall be established by increasing, by 22.51%, the export price per millilitre of the product calculated pursuant to section 25 of the Special Import Measures Act for the purpose of the final determination rendered under section 41 of that Act, in respect of the period of investigation,
(ii) the cost and profit amount per millilitre of the iodinated contrast media product, which shall include the costs of importing into and selling in Canada and a profit, shall be established in the following manner, namely,
(A) establish the weighted average reference value per millilitre of the iodinated contrast media products for Bristol-Myers Squibb Company in respect of the period of investigation, and
(B) subtract the weighted average reference value established under clause (A) from 28.5¢,
(iii) the import value shall be determined by deducting from the resale price per millilitre of the iodinated contrast media product the cost and profit amount established in accordance with subparagraph (ii), and
(iv) the import value shall be subtracted from the reference value.
Other 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.
3 The amount of anti-dumping duties referred to in section 2 of this Order, in respect of 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 products to which paragraph 2(a) or (b) of this Order applies, shall, in respect of each iodinated contrast media product, be the greater of
(a) zero, and
(b) the amount determined in the following manner, namely,
(i) the reference value per millilitre of the iodinated contrast media product shall be equal to the reference value per millilitre of the comparable iodinated contrast media product determined pursuant to section 1 or 2 of this schedule,
(ii) the import value of the iodinated contrast media product shall be determined by deducting, from the resale price per millilitre of the iodinated contrast media product, the cost and profit amount for the comparable iodinated contrast media product determined in accordance with section 1 or 2 of this schedule, and
(iii) the import value shall be subtracted from the reference value.
Other Iodinated Contrast Media Products Exported by or Imported by Any Person, Entity or Organization other than Those Companies Listed in Paragraph 2(A) or (B) of This Order
4 The amount of anti-dumping duties referred to in section 2 of this Order, in respect of iodinated contrast media products exported by or imported by any person, entity or organization other than those companies listed in paragraph 2(a) or (b) of this Order, shall, in respect of each iodinated contrast media product, be the greater of
(a) zero, and
(b) the amount determined in the following manner, namely,
(i) establish the public interest prices per millilitre of the comparable iodinated contrast media products by adding, to the reference value per millilitre of each comparable iodinated contrast media product, the cost and profit amount for each comparable iodinated contrast media product determined in accordance with section 1 or 2 of this schedule,
(ii) the public interest price per millilitre of the iodinated contrast media product shall be equal to the weighted average of the public interest prices per millilitre of the comparable iodinated contrast media products established under subparagraph (i),
(iii) the cost and profit amount per millilitre of the iodinated contrast media product shall be the aggregate of the following amounts, namely,
(A) all taxes and costs, including duties imposed under the Customs Tariff but excluding duties imposed under the Special Import Measures Act,
(I) that are incurred on or after the date of importation of the product but on or before the date of its sale by the importer, or
(II) that result from its sale by the importer,
(B) an amount for profit by the importer, determined pursuant to sections 20 to 22 of the Special Import Measures Regulations,
(C) the costs, charges and expenses incurred by the exporter, importer or any other person in preparing the product for shipment to Canada that are additional to those costs, charges and expenses generally incurred on sales of like goods for use in the country of export, and
(D) all other costs, charges and expenses incurred by the exporter, importer or any other person resulting from the exportation of the product, or arising from its shipment to Canada,
(iv) the reference value per millilitre of the iodinated contrast media product shall be determined by deducting from the public interest price calculated in accordance with subparagraph (ii) the cost and profit amount established in accordance with subparagraph (iii),
(v) the import value shall be determined by deducting from the resale price per millilitre of the iodinated contrast media product the cost and profit amount established in accordance with subparagraph (iii), and
(vi) the import value shall be subtracted from the reference value.
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