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

Act current to 2016-06-21 and last amended on 2014-11-01. Previous Versions

Marginal note:Review by designated officer

 Unless the President has previously re-determined under section 59 a determination referred to in subsection 56(1) or (2) or the determination was made in respect of goods released after the initiation of an expedited review under subsection 13.2(3) and before a decision was issued under that subsection, a designated officer may re-determine the determination

  • (a) in accordance with a request made under subsection 56(1.01) or (1.1); or

  • (b) if the designated officer deems it advisable, within two years after the determination.

  • R.S., 1985, c. S-15, s. 57;
  • R.S., 1985, c. 1 (2nd Supp.), s. 204;
  • 1988, c. 65, s. 38;
  • 1993, c. 44, s. 213;
  • 1999, c. 12, s. 33, c. 17, ss. 183, 184;
  • 2005, c. 38, s. 134.
Marginal note:Determination or re-determination final
  •  (1) A determination or re-determination by a designated officer under section 55 or 57 with respect to any imported goods is final and conclusive.

  • Marginal note:Request for re-determination

    (1.1) Notwithstanding subsection (1),

    • (a) where a determination or re-determination referred to in that subsection is made in respect of any goods, including goods of a NAFTA country, the importer of the goods may, within ninety days after the date of the determination or re-determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to the President for a re-determination, if the importer has paid all duties owing on the goods; and

    • (b) where a determination or re-determination referred to in that subsection is made in respect of goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer has paid all duties owing on the goods.

  • Marginal note:Suspension of s. (2)

    (1.2) The operation of subsection (2) is suspended during the period in which subsection (1.1) is in force.

  • Marginal note:Request for re-determination

    (2) Notwithstanding subsection (1),

    • (a) where a determination or re-determination referred to in that subsection is made in respect of any goods, including goods of the United States, the importer of the goods may, within ninety days after the date of the determination or re-determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to the President for a re-determination, if the importer has paid all duties owing on the goods; and

    • (b) where a determination or re-determination referred to in that subsection is made in respect of goods of the United States, the United States government or the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer has paid all duties owing on the goods.

  • R.S., 1985, c. S-15, s. 58;
  • R.S., 1985, c. 1 (2nd Supp.), s. 205;
  • 1988, c. 65, s. 39;
  • 1993, c. 44, s. 214;
  • 1999, c. 17, s. 183;
  • 2005, c. 38, s. 134.
Marginal note:Permissive re-determination
  •  (1) Subject to subsection (3), the President may re-determine any determination or re-determination referred to in section 55, 56 or 57 or made under this section in respect of any imported goods

    • (a) in accordance with a request made pursuant to subsection 58(1.1) or (2);

    • (b) at any time, if the importer or exporter has made any misrepresentation or committed a fraud in accounting for the goods under subsection 32(1), (3) or (5) of the Customs Act or in obtaining release of the goods;

    • (c) at any time, if subsection 2(6) or section 26 or 28 applies or at any time becomes applicable in respect of the goods;

    • (d) at any time, for the purpose of giving effect to a decision of the Tribunal, the Federal Court of Appeal or the Supreme Court of Canada with respect to the goods; and

    • (e) in any case where the President deems it advisable, within two years after the determination referred to in section 55 or subsection 56(1), as the case may be, if the President has not previously made a re-determination with respect to the goods pursuant to any of paragraphs (a) to (d) or subsection (2) or (3).

  • Marginal note:Re-determination of re-determination

    (1.1) The President may re-determine any re-determination

    • (a) at any time after a re-determination was made under any of paragraphs (1)(a) to (c) and (e) but before an appeal under section 61 is heard, on the recommendation of the Attorney General of Canada, if the re-determination would reduce duties payable on the goods; and

    • (b) at any time if the re-determination would be consistent with a decision of the Tribunal, the Federal Court of Appeal or the Supreme Court of Canada, or with a re-determination under paragraph (a), made in respect of other like goods of the same importer or owner imported on or before the date of importation of the goods in respect of which the re-determination is being made.

  • Marginal note:Permissive re-determination

    (2) The President may re-determine any determination or re-determination referred to in section 55, 56 or 57 or made under this section in respect of any imported goods at any time for the purpose of giving effect to a decision of a panel under Part I.1 or II with respect to the goods.

  • Marginal note:Mandatory re-determination

    (3) On a request made under subsection 58(1.1) or (2) to re-determine a determination under section 55 or a re-determination under section 57, the President shall

    • (a) in the case of a determination under section 55 or a re-determination under paragraph 57(b), re-determine the determination or re-determination within one year after the request under subsection 58(1.1) or (2) was made; and

    • (b) in the case of a re-determination under paragraph 57(a), re-determine the re-determination within one year after the request under subsection 56(1.01) or (1.1) was made.

  • Marginal note:Notice of re-determination

    (3.1) The President shall cause notice of each re-determination under this section to be forwarded, by registered mail, to the importer and, where the imported goods are goods of a NAFTA country, to the government of that NAFTA country, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under Part I.1, to the Canadian Secretary.

  • Marginal note:Presumption

    (3.2) A notice sent to the government of a NAFTA country pursuant to subsection (3.1) shall be deemed, for the purposes of this Act, to have been received by that government ten days after the day on which it was mailed.

  • Marginal note:Suspension of ss. (4) and (5)

    (3.3) The operation of subsections (4) and (5) is suspended during the period in which subsections (3.1) and (3.2) are in force.

  • Marginal note:Notice of re-determination

    (4) The President shall cause notice of each re-determination under this section to be forwarded, by registered mail, to the importer and, where the imported goods are goods of the United States, to the United States government, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under Part II, to the Canadian Secretary.

  • Marginal note:Presumption

    (5) A notice sent to the United States government pursuant to subsection (4) shall be deemed, for the purposes of this Act, to have been received by that government ten days after the day on which it was mailed.

  • R.S., 1985, c. S-15, s. 59;
  • R.S., 1985, c. 1 (2nd Supp.), s. 206, c. 47 (4th Supp.), s. 52;
  • 1988, c. 65, s. 40;
  • 1993, c. 44, s. 215;
  • 1999, c. 12, s. 34, c. 17, ss. 183, 184;
  • 2002, c. 8, s. 171;
  • 2005, c. 38, s. 134.
Marginal note:Effect of re-determination
  •  (1) Where, in accordance with section 57 or 59, a re-determination as to whether any goods are goods described in paragraph 56(1)(a) or a re-determination of the normal value or export price of or the amount of subsidy or export subsidy on the goods has been made,

    • (a) the importer shall pay any additional duty payable with respect to the goods, or

    • (b) the whole or a part of any duty, or duty and interest paid (other than interest that was paid because duties were not paid when required by subsection 32(5) or section 33 of the Customs Act), in excess of the duties owing in respect of the goods shall be returned to the importer forthwith,

    if on the re-determination it is determined that the additional duty is payable or that the whole or the part of the duty paid was not payable, as the case may be.

  • Marginal note:Decision of President

    (2) Notwithstanding subsection 25(2), any duties imposed, by virtue of this Act, on goods sold to an importer in Canada shall be included in the costs referred to in subparagraph 25(1)(c)(i) or (d)(v), as the case may be, where, in any re-determination referred to in subsection (1), the President is of the opinion that

    • (a) the goods were resold by the person referred to in paragraph 25(1)(c) who purchased the goods from the importer or by a subsequent purchaser at a price that is lower than the total of

      • (i) the price at which the seller acquired the goods, and

      • (ii) the administrative, selling and all other costs directly or indirectly attributable to the sale of the goods; and

    • (b) the export price, determined under section 24, of the goods is unreliable for a reason set out in subparagraph 25(1)(b)(ii).

  • R.S., 1985, c. S-15, s. 60;
  • 1994, c. 47, ss. 177, 185;
  • 1999, c. 17, s. 183;
  • 2001, c. 25, s. 96;
  • 2005, c. 38, s. 134.
 
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