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

Act current to 2013-04-29 and last amended on 2010-08-27. Previous Versions

Marginal note:Where Tribunal makes new order or finding

13. Where, pursuant to subsection 91(3), the Tribunal rescinds an order or finding with respect to goods and makes another order or finding with respect to the goods,

  • (a) the other order or finding shall be deemed, for the purposes of this Act, to have been made on the date that the order or finding so rescinded was made; and

  • (b) any duty paid by or on behalf of any person as a consequence of the order or finding so rescinded shall, except to the extent of any duty payable by the person as a consequence of the other order or finding, be returned to the person forthwith after the other order or finding is in fact made.

  • 1984, c. 25, s. 13.

13.1 [Repealed, 2001, c. 25, s. 94]

Expedited Review of Normal Value, Export Price or Amount of Subsidy

Marginal note:Request for review

  • 13.2 (1) An exporter to Canada or producer of any goods to which an order or finding referred to in section 3 applies may request that the President review the normal value, export price or amount of subsidy in relation to those goods if the exporter or producer

    • (a) establishes that they are not associated with any exporter who is in the same country as the goods that are subject to the order or finding and who had been given notice under subparagraph 34(1)(a)(i); and

    • (b) has not

      • (i) been given notice under subparagraph 34(1)(a)(i), paragraph 38(3)(a) or subsection 41(3) in respect of the goods, or

      • (ii) been requested to provide information in relation to those goods or in relation to any goods that are of the same description as those goods for the purposes of this Act.

  • Marginal note:Form of request

    (2) A request under subsection (1) shall be made in the prescribed manner and form and shall contain the prescribed information.

  • Marginal note:Review

    (3) Where the President receives a request under subsection (1), the President shall initiate a review, on an expedited basis, of the normal value, export price or amount of subsidy, as the case may be, and shall, on completion of the review, either confirm or amend the value, price or amount.

  • Marginal note:Posting of security

    (4) An importer of goods that are of the same description as any goods to which a review under subsection (3) applies and that are released during the period beginning on the day the review is initiated and ending on the day on which the President completes the review shall, within the time prescribed under the Customs Act for the payment of duties, post, or cause to be posted, security in the prescribed manner and form and in an amount, or of a value, equal to the margin of dumping of, or amount of subsidy on, the goods.

  • Marginal note:Confirmation, etc., deemed to be a re-determination

    (5) A confirmation or amendment of a normal value, export price or amount of subsidy under subsection (3) is, for the purposes of paragraph 57(b), deemed to be a re-determination of a normal value, export price or amount of subsidy, as the case may be, by a designated officer referred to in that paragraph.

  • 1994, c. 47, s. 151;
  • 1999, c. 12, s. 6, c. 17, ss. 183, 184;
  • 2001, c. 25, s. 95;
  • 2005, c. 38, ss. 134, 136(F).
Previous Version