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

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.

Marginal note:President to terminate undertaking

• 51. (1) The President shall forthwith terminate an undertaking in respect of which the President receives, within thirty days after the date of the notice of acceptance of an undertaking or undertakings with respect to dumped or subsidized goods given pursuant to paragraph 50(a)(i) but before an order is made by the Tribunal under subsection 43(1) in respect of the goods, a request for termination from

  • (a) in the case of dumped goods, the importer or exporter of the goods or the complainant in the investigation respecting the goods; and

  • (b) in the case of subsidized goods, the importer, exporter or government of the country of export of the goods or the complainant in the investigation respecting the goods.

• Marginal note:President to resume investigation

  (2) Where the President terminates any undertaking pursuant to subsection (1), he shall forthwith cause the investigation to be resumed with respect to all the goods to which the investigation related when he accepted the undertaking or undertakings, as the case may be, and shall cause notice of the resumption of the investigation to be given as provided in paragraph 34(1)(a).