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

Act current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

PART ISpecial Import Measures (continued)

Inquiries by Tribunal (continued)

 [Repealed, R.S., 1985, c. 47 (4th Supp.), s. 52]

Undertakings

Marginal note:Acceptance of undertaking

  •  (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.

  • R.S., 1985, c. S-15, s. 49
  • 1994, c. 47, ss. 171, 185(E)
  • 1999, c. 12, s. 29, c. 17, ss. 183, 184
  • 2005, c. 38, s. 134
  • 2016, c. 7, s. 198
  • 2017, c. 20, s. 82

Marginal note:Procedure where undertaking accepted

 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.

  • R.S., 1985, c. S-15, s. 50
  • 1994, c. 47, s. 172
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134

Marginal note:Suspension of operation of time period

  •  (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.

  • 1994, c. 47, s. 172

Marginal note:President to terminate undertaking

  •  (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).

  • R.S., 1985, c. S-15, s. 51
  • 1994, c. 47, ss. 173, 186
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134

Marginal note:Acceptance of further undertakings

 If an investigation has been suspended under subparagraph 50(a)(iii), the President may accept an undertaking in respect of dumped or subsidized goods from an exporter or government that had not previously offered an undertaking in respect of the goods that was accepted by the President under subsection 49(1) if the President is of the opinion that observance of the undertaking will not cause

  • (a) if the undertaking is given by an exporter, the price at which the goods are sold to importers in Canada by the exporter to increase by more than the estimated margin of dumping of the goods or the estimated amount of subsidy on the goods; or

  • (b) if 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 amount of subsidy on the goods.

  • 1999, c. 12, s. 30, c. 17, s. 184
  • 2005, c. 38, s. 134

Marginal note:Termination of undertakings by President

  •  (1) Where, at any time after accepting an undertaking or undertakings with respect to any dumped or subsidized goods that were the subject of an investigation, the President

    • (a) is satisfied that the undertaking or any of the undertakings has been or is being violated,

    • (b) is satisfied that the undertaking or undertakings would not have been accepted if the information available at that time had been available when the undertaking was accepted, or

    • (c) is satisfied that the undertaking or undertakings would not have been accepted if the circumstances prevailing at that time had prevailed when the undertaking was accepted,

    the President shall forthwith

    • (d) terminate the undertaking or undertakings,

    • (e) cause notice of the termination of the undertaking or undertakings to be given and published as provided in paragraph 34(1)(a) and filed with the Tribunal in writing, and

    • (f) where the investigation has been suspended under subparagraph 50(a)(iii), cause it to be resumed.

  • Marginal note:Termination where no dumping, etc.

    (1.1) Where, at any time after the President accepts an undertaking or undertakings with respect to any dumped or subsidized goods that were the subject of an investigation,

    • (a) there has been a determination under subsection 41(1) or section 41.1 that

      • (i) there has been no dumping or subsidizing of the goods, or

      • (ii) the margin of dumping of, or the amount of subsidy on, the goods is insignificant,

      • (iii) [Repealed, 1999, c. 12, s. 31]

    • (b) an order or finding has been made under subsection 43(1) that there has been no injury, retardation or threat of injury as a result of the dumping or subsidizing of the goods, or

    • (c) the Tribunal has, under paragraph 76.01(5)(a), subsection 76.02(4), paragraph 76.03(12)(a) or subsection 76.04(1) or 76.1(2), rescinded an order or finding with respect to the goods or the order or finding has been deemed to be rescinded under subsection 76.03(1),

    the President shall forthwith

    • (d) terminate the undertaking or undertakings in respect of those goods, and

    • (e) cause notice of the termination of the undertaking or undertakings to be given and published as provided in paragraph 34(1)(a) and filed with the Tribunal in writing.

  • Marginal note:Termination if conditions no longer exist

    (1.2) Unless the Tribunal has made an order or finding under subsection 43(1) that the dumping or subsidizing of the goods to which the preliminary determination applies has caused injury or retardation or is threatening to cause injury, and that order or finding has not been rescinded under paragraph 76.01(5)(a), subsection 76.02(4), paragraph 76.03(12)(a) or subsection 76.04(1) or 76.1(2) or has not been deemed to be rescinded under subsection 76.03(1), the President shall terminate the undertaking or undertakings if, at any time after accepting the undertaking or undertakings, the President is satisfied that, notwithstanding the termination of the undertaking or undertakings, the condition in paragraph 49(1)(a) or (b), as the case may be, would no longer exist.

  • Marginal note:Effect of termination of undertaking

    (1.3) A termination of an undertaking under subsection (1.2) terminates all proceedings under this Act respecting the dumping or subsidizing of the goods to which the undertaking relates, unless, in any case where the President has accepted two or more undertakings, the President, for good reason, otherwise directs.

  • Marginal note:Where no action to be taken

    (2) Where, in any investigation respecting the dumping or subsidizing of goods, a number of undertakings are accepted by the President under section 49 and any one or more of those undertakings have been or are being violated, the President shall not, unless he sees good reason to the contrary, take any action under subsection (1) if the undertakings that have not been and are not being violated account for substantially all the imports into Canada of the goods.

  • R.S., 1985, c. S-15, s. 52
  • 1994, c. 47, s. 174
  • 1999, c. 12, ss. 31, 52(E), c. 17, ss. 183, 184
  • 2005, c. 38, s. 134
  • 2014, c. 20, s. 443
  • 2017, c. 20, s. 83
 
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