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and does change the list of restrictedcountries periodically.Unlike the United States, there is noprohibition of trade with Cuba. Indeed,Canadian law prohibits Canadiansubsidiaries of American corporations fromcomplying with United States lawsrestricting trade with Cuba. American parentcompanies that try to prevent Canadiansubsidiaries from exporting Canadian goodsand services to Cuba could find themselvesin breach of Canada's ForeignExtraterritorial Measures Act, therebyexposing the Canadian subsidiaries topenalties under that Act. Canada doesapply American export controls on Americangoods bound for Cuba, in order to preventCanada from being used as a "goodslaunderer" by American exporters seekingto avoid export controls applicable in theUnited States. However, it is possible toobtain an Individual Export Permit in orderto sell goods of United States origin toCuba.Finally, trade in certain items may also berestricted pursuant to internationalagreements to which Canada is a party. Forexample, the Nuclear Non-ProliferationTreaty restricts the import and export ofuranium and nuclear-related materials.There may be provincial restrictions on theimport of certain goods into a province. Forexample, each of the Atlantic Provinces hasrestrictions on the importation of alcohol andtobacco products.Measures Act ("SIMA"), which allows themto file complaints and to request relief whendumped or subsidized imports cause, orthreaten to cause, material injury to aCanadian industry or material delay in theestablishment of a Canadian industry.Dumped imports are goods sold toCanadian importers at prices lower thantheir selling price in the exporter’s domesticmarket or at prices lower than the cost ofthe good. Canada's right to apply SIMA'sprovisions against imports from the UnitedStates and Mexico is not restricted byNAFTA but such decisions made underSIMA may be subject to a review underNAFTA.Initially, the President of the Canada BorderServices Agency determines whetherdumping or subsidizing is occurring. If eitheris taking place, provisional anti-dumping orcountervailing duties may be imposedpending the outcome of an inquiry by theCanadian International Trade Tribunal(“CITT”). The CITT’s role is to determine ifdumping or subsidizing has caused orthreatens to cause material injury.In limited circumstances, duties on fairlytraded goods may be exigible under theCanadian International Trade Tribunal Actand the Customs Tariff if the imports inquestion cause or threaten to cause seriousinjury to a Canadian industry. Safeguardactions, such as the imposition of surtaxesor temporary quotas, may be implementedby the federal Minister of Finance on therecommendation of the CITT.Trade RemediesCanadian producers are protected fromunfair trade under the Special ImportTrade and Business Conduct Regulation41

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