Special Import Measures Act (R.S.C., 1985, c. S-15)

Marginal note:Tribunal to make order or finding

• 43 (1) In any inquiry referred to in section 42 in respect of any goods, the Tribunal shall, forthwith after the date of receipt of notice of a final determination of dumping or subsidizing with respect to any of those goods, but, in any event, not later than one hundred and twenty days after the date of receipt of notice of a preliminary determination with respect to the goods, make such order or finding with respect to the goods to which the final determination applies as the nature of the matter may require, and shall declare to what goods, including, where applicable, from what supplier and from what country of export, the order or finding applies.

• Marginal note:Separate order or finding

  (1.01) Where an inquiry referred to in section 42 involves any of the following goods, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of each CUSMA country:

  • (a) goods of more than one CUSMA country; or

  • (b) goods of one or more CUSMA countries and goods of one or more other countries.

• Marginal note:Suspension of s. (1.1)

  (1.02) The operation of subsection (1.1) is suspended during the period in which subsection (1.01) is in force.

• Marginal note:Separate order or finding

  (1.1) Where an inquiry referred to in section 42 involves goods of the United States as well as goods of other countries, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of the United States.

• Marginal note:Notice of order or finding

  (2) The Tribunal shall forward by registered mail to the President, the importer, the exporter and such other persons as may be specified by the rules of the Tribunal

  • (a) forthwith after it is made, a copy of each order or finding made by it pursuant to this section; and

  • (b) not later than fifteen days after the making of an order or finding by it pursuant to this section, a copy of the reasons for making the order or finding.

• Marginal note:Publication of notice

  (3) The Tribunal shall cause a notice of each order or finding made by it pursuant to this section to be published in the Canada Gazette.

Marginal note:Recommencement of inquiry

• 44 (1) Where pursuant to an application for judicial review under the Federal Courts Act or an application under section 96.1 of this Act, an order or finding of the Tribunal is set aside or is set aside in relation to particular goods, the Tribunal shall

  • (a) where the matter is referred back to the Tribunal for determination, forthwith recommence the inquiry made in respect of the goods to which the order or finding applies or in respect of the particular goods, as the case may be, and

  • (b) in any other case, decide, within thirty days after the final disposition of the application, whether or not to recommence the inquiry in respect of the goods to which the order or finding applies or in respect of the particular goods, as the case may be, and, if the Tribunal decides that the inquiry should be recommenced, forthwith recommence the inquiry,

  and a new order or finding compatible with the final disposition of the issues raised by or as a result of the application shall be made by the Tribunal with respect to the goods in respect of which the inquiry is recommenced forthwith and, in any event, not later than one hundred and twenty days after

  • (c) where paragraph (a) applies, the date on which the order or finding is set aside, and

  • (d) where paragraph (b) applies, the date on which the Tribunal decides that the inquiry should be recommenced.

• Marginal note:Idem

  (2) Where an inquiry is recommenced pursuant to subsection (1) with respect to any goods,

  • (a) the Tribunal shall without delay give notice of the recommencement of the inquiry with respect to those goods to every person to whom it forwarded, under subsection 43(2), a copy of the order or finding with respect to which the application under the Federal Courts Act was made; and

  • (b) the Tribunal shall, for the purpose of making the new order or finding referred to in subsection (1), take any further steps in the inquiry, whether by way of hearing or re-hearing any matter, the receipt of additional evidence or otherwise, that it considers necessary or advisable.

Marginal note:Initiation of inquiry if imposition of duty not in public interest

• 45 (1) If, as a result of an inquiry referred to in section 42 arising out of the dumping or subsidizing of any goods, the Tribunal makes an order or finding described in any of sections 3 to 6 with respect to those goods, the Tribunal shall, on its own initiative or on the request of an interested person that is made within the prescribed period and in the prescribed manner, initiate a public interest inquiry if the Tribunal is of the opinion that there are reasonable grounds to consider that the imposition of an anti-dumping or countervailing duty, or the imposition of such a duty in the full amount provided for by any of those sections, in respect of the goods would not or might not be in the public interest.

• Marginal note:Publication of notice

  (2) The Tribunal shall publish in the Canada Gazette notice of a decision to initiate a public interest inquiry.

• Marginal note:Consideration of prescribed factors

  (3) In a public interest inquiry, the Tribunal shall take into account any factors, including prescribed factors, that it considers relevant.

• Marginal note:Report

  (4) If, as a result of a public interest inquiry, the Tribunal is of the opinion that the imposition of an anti-dumping or countervailing duty, or the imposition of such a duty in the full amount provided for by any of sections 3 to 6, in respect of the goods would not or might not be in the public interest, the Tribunal shall without delay

  • (a) report to the Minister of Finance that it is of that opinion and provide that Minister with a statement of the facts and reasons that caused it to be of that opinion; and

  • (b) cause notice of the report to be published in the Canada Gazette.

• Marginal note:Details in report

  (5) If the Tribunal is of the opinion that the imposition of an anti-dumping or countervailing duty in the full amount would not or might not be in the public interest, the Tribunal shall, in the report referred to in paragraph (4)(a), specify either

  • (a) a level of reduction in the anti-dumping or countervailing duty provided for in any of sections 3 to 6; or

  • (b) a price or prices that are adequate to eliminate injury, retardation or the threat of injury to the domestic industry.

• Marginal note:Persons interested may make representations

  (6) If a person interested in a public interest inquiry makes a request to the Tribunal within the prescribed period and in the prescribed manner for an opportunity to make representations to the Tribunal on the question whether the Tribunal should make a report under paragraph (4)(a) with respect to any goods in respect of which the inquiry is being made, the Tribunal shall give that person an opportunity to make representations to the Tribunal on that question orally or in writing, or both, as the Tribunal directs in the case of that inquiry.

Marginal note:Tribunal to advise President

46 Where, during an inquiry referred to in section 42 respecting the dumping or subsidizing of goods to which a preliminary determination under this Act applies, the Tribunal is of the opinion that

• (a) there is evidence that goods the uses and other characteristics of which closely resemble the uses and other characteristics of goods to which the preliminary determination applies have been or are being dumped or subsidized, and

• (b) the evidence discloses a reasonable indication that the dumping or subsidizing referred to in paragraph (a) has caused injury or retardation or is threatening to cause injury,

the Tribunal, by notice in writing setting out the description of the goods first mentioned in paragraph (a), shall so advise the President.

Marginal note:Termination of proceedings

• 47 (1) An order or finding made by the Tribunal with respect to any dumped or subsidized goods, other than an order or finding described in any of sections 3 to 6, terminates all proceedings under this Act respecting the dumping or subsidizing of the goods, other than proceedings under Part I.1 or II or subsection 76.02(1) or (3).

• Marginal note:Termination of inquiry — Chile

  (2) If goods of Chile are exempted from the application of this Act by regulations made under section 14, the Tribunal shall issue an order terminating any inquiry referred to in section 42 to the extent that it relates to the dumping of those goods.

• Marginal note:Notice of termination

  (3) The Tribunal shall

  • (a) send, immediately after an inquiry is terminated under subsection (2), notice of the termination to the President, the importer, the exporter, the Government of the Republic of Chile and any other persons who are specified by the rules of the Tribunal; and

  • (b) cause a notice of the termination to be published in the Canada Gazette.

48 [Repealed, R.S., 1985, c. 47 (4th Supp.), s. 52]

Undertakings

Marginal note:Acceptance of undertaking

• 49 (1) Subject to subsection (2), the President may, in an investigation respecting the dumping or subsidizing of goods, accept an undertaking or undertakings with respect to dumped or subsidized goods where the President is of the opinion that observance of the undertaking or undertakings, as the case may be, will eliminate

  • (a) the margin of dumping of or the subsidy on

    • (i) where the undertaking is given by an exporter, the goods if they are sold by the exporter to importers in Canada, and

    • (ii) where the undertaking is given by the government of a country from which the goods are exported to Canada, the goods if they are exported to Canada from that country pursuant to sales thereof by exporters to importers in Canada; or

  • (b) any injury, retardation or threat of injury that is being caused by the dumping or subsidizing.

• Marginal note:Idem

  (2) The President shall not accept an undertaking with respect to dumped or subsidized goods

  • (a) unless he is of the opinion that observance of the undertaking will not cause

    • (i) where the undertaking is given by an exporter, the price at which the goods are sold to importers in Canada by the exporter, or

    • (ii) where the undertaking is given by the government of a country, the price at which the goods, when exported to Canada from that country, will be sold to importers in Canada,

    to increase by more than the estimated margin of dumping of the goods or the estimated amount of subsidy thereon;

  • (b) unless the President has made a preliminary determination under subsection 38(1); or

  • (c) where he is of the opinion that it would not be practicable to administer the undertaking or undertakings, as the case may be.

• Marginal note:Request to complete investigation and inquiry

  (3) Where the exporter, in the case of an investigation and inquiry with respect to dumped goods, or the government of the exporting country, in the case of an investigation and inquiry with respect to subsidized goods, wishes to offer an undertaking with respect to the dumped or subsidized goods, as the case may be, but wishes the investigation and inquiry with respect to the goods to be completed,

  • (a) the undertaking must be accompanied by a request to the President to complete the investigation; and

  • (b) a request must be made to the Tribunal to complete its inquiry.

• Marginal note:Time for offering undertaking

  (4) The President may refuse to accept any undertaking offered after such period of time as is prescribed for the purpose of this subsection.

• Marginal note:Consideration of representations

  (5) In considering whether to accept an undertaking, the President shall consider any representations received from the importer, exporter, government of the country of export or any other interested person.

Marginal note:Procedure where undertaking accepted

50 Forthwith after the President accepts, in an investigation by the President under section 31, an undertaking or undertakings with respect to dumped or subsidized goods,

• (a) the President shall

  • (i) cause notice of the acceptance to be given and published as provided in paragraph 34(1)(a),

  • (ii) suspend the collection of provisional duties with respect to those goods, as provided under subsection 8(5),

  • (iii) suspend the investigation unless the requests referred to in subsection 49(3) were made, and

  • (iv) notify the Tribunal of any suspension under subparagraph (iii); and

• (b) the Tribunal shall suspend its inquiry with respect to the dumping or subsidizing of goods with respect to which the undertaking or undertakings have been accepted unless the requests referred to in subsection 49(3) were made.

Marginal note:Suspension of operation of time period

• 50.1 (1) Where an undertaking has been accepted with respect to the dumping or subsidizing of goods, the operation of any period specified, pursuant to this Act, for the doing of any thing in relation to those goods is suspended for such period as the undertaking is in force and is resumed on the expiration or termination of the undertaking.

• Marginal note:Extension of time period

  (2) A period to which subsection (1) applies is extended by a period equal to

  • (a) where subsection 51(1) applies in respect of the undertaking, the period between the day on which the undertaking was accepted and the day on which it was terminated; or

  • (b) in any other case, the period between the day on which the preliminary determination was made in respect of the goods to which the undertaking applies and the day on which the undertaking was accepted.