In addition, SIMA and any amendments, implementing measures, or related measures, appear to be inconsistent with Article 3.5 of the AD Agreement, Article 15.5 of the SCM Agreement, and Article VI of GATT 1994, as they would appear to require the imposition of antidumping and countervailing duties upon a finding by the competent authorities that the "dumping and subsidizing" of the subject goods, including alleged effects of subsidies on the domestic prices of the goods in the market of the dumping or subsidizing Member, have caused or threaten to cause injury to Canada's domestic industry, even in the absence of any finding that the dumped or subsidized imports, through the effects of dumping or subsidies, as set forth in Articles 3.2 and 3.4 of the AD Agreement and Articles 15.2 and 15.4 of the SCM Agreement, respectively, had caused or threatened to cause injury.
Canada's measures also appear to nullify or impair the benefits accruing to the United States directly or indirectly under the cited agreements.