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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)

Undertakings (continued)

Marginal note:Review and renewal of undertaking by President

  •  (1) 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applies has caused injury or retardation or is threatening to cause injury and that order or finding has not been rescinded under paragraph 76.01(5)(a), subsection 76.02(4), paragraph 76.03(12)(a) or subsection 76.04(1) or 76.1(2) or has not been deemed to be rescinded under subsection 76.03(1), the President shall review the undertaking before the expiry of five years after the date on which it was accepted and before the expiry of each subsequent period, if any, for which it is renewed under this section and if, on the review, the President is satisfied

    • (a) that the undertaking continues to serve the purpose for which it was intended, and

    • (b) that the President is not required to terminate it under section 52,

    the President shall renew the undertaking for a further period of not more than five years.

  • Marginal note:Expiry of undertaking

    (2) An undertaking expires immediately after the President decides under subsection (1) not to renew it.

  • Marginal note:Expiration terminates all proceedings

    (3) Where an undertaking expires by reason of subsection (2), the expiration 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:Notice

    (4) Where an undertaking is renewed or not renewed pursuant to subsection (1), the President shall cause notice of the decision to renew or not to renew, as the case may be, to be given and published as provided in paragraph 34(1)(a) and filed with the Tribunal.

  • R.S., 1985, c. S-15, s. 53
  • 1988, c. 65, s. 35
  • 1994, c. 47, ss. 175, 186
  • 1999, c. 12, s. 32, c. 17, ss. 183, 184
  • 2005, c. 38, s. 134
  • 2014, c. 20, s. 443

Marginal note:Action on decision referred back by Court

  •  (1) Where a decision under subsection 53(1) to renew or not to renew an undertaking is set aside and the matter referred back to the President on an application under section 96.1,

    • (a) the President shall

      • (i) reconsider the matter and make a new decision, and

      • (ii) cause notice of the action taken pursuant to subparagraph (i) to be given and published as provided in paragraph 34(1)(a) and filed with the Tribunal; and

    • (b) in the case of a decision not to renew an undertaking, the undertaking shall be deemed to have been renewed on the day on which the order referring the matter back is made and continues in effect until action is taken pursuant to subparagraph (a)(i).

  • Marginal note:Action on decision referred back by panel

    (2) Where a decision under subsection 53(1) to renew or not to renew an undertaking is referred back to the President under subsection 77.015(3) or (4) or 77.019(5), or under subsection 77.15(3) or (4) or 77.19(4),

    • (a) the President shall

      • (i) reconsider the decision and confirm, rescind or vary it, and

      • (ii) cause notice of the action taken pursuant to subparagraph (i) to be given and published as provided in paragraph 34(1)(a) and filed with the Tribunal and the Canadian Secretary; and

    • (b) in the case of a decision not to renew an undertaking, the undertaking shall be deemed to have been renewed on the day on which the order is made and continues in effect until action is taken pursuant to subparagraph (a)(i).

  • 1988, c. 65, s. 36
  • 1993, c. 44, s. 211
  • 1994, c. 47, s. 186
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134
  • 2014, c. 20, ss. 435, 443

Marginal note:Amendment of undertaking

 Subject to subsections 53(1) and (2), an undertaking may be amended at any time in accordance with its terms.

  • 1984, c. 25, s. 54

Determinations by Designated Officer

Marginal note:Determination by designated officer

  •  (1) Where the President

    • (a) has made a final determination of dumping or subsidizing under subsection 41(1) with respect to any goods, and

    • (b) has, where applicable, received from the Tribunal an order or finding described in any of sections 4 to 6 with respect to the goods to which the final determination applies,

    the President shall cause a designated officer to determine, not later than six months after the date of the order or finding,

    • (c) in respect of any goods referred to in subsection (2), whether the goods are in fact goods of the same description as goods described in the order or finding,

    • (d) the normal value and export price of or the amount of subsidy on the goods so released, and

    • (e) where section 6 or 10 applies in respect of the goods, the amount of the export subsidy on the goods.

  • Marginal note:Application

    (2) Subsection (1) applies only in respect of

    • (a) goods released on or after the day on which a preliminary determination has been made, and on or before the day on which an undertaking has been accepted, in respect of the goods;

    • (b) goods described in paragraph 5(b) or 6(b);

    • (c) goods that are released on or after the day on which an undertaking with respect to those goods has been terminated pursuant to section 52 and on or before the day on which the Tribunal makes an order or finding pursuant to subsection 43(1) with respect to the goods; and

    • (d) goods described in paragraph 4(1)(b) or (2)(c).

  • R.S., 1985, c. S-15, s. 55
  • R.S., 1985, c. 1 (2nd Supp.), s. 202
  • 1994, c. 47, ss. 176, 185
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134

Marginal note:Determination of circumvention

  •  (1) If the Tribunal has made an order described in subsection 3(1.2) with respect to the goods to which the determination of circumvention applies, the President shall cause a designated officer to determine, not later than six months after the date of the order,

    • (a) in respect of any goods referred to in subsection (2), whether the goods are in fact goods of the same description as goods described in the order;

    • (b) the normal value and export price of or the amount of subsidy on the goods; and

    • (c) if section 6 or 10 applies in respect of the goods, the amount of the export subsidy on the goods.

  • Marginal note:Application

    (2) Subsection (1) applies only in respect of goods released on or after the day on which an anti-circumvention investigation is initiated under subsection 72(1) and on or before the day on which the Tribunal makes an order under section 75.3 in respect of the goods.

  • Marginal note:Re-determination

    (3) A determination made under subsection (1) is deemed to be a re-determination by a designated officer under paragraph 57(b).

  • 2017, c. 20, s. 84

Re-determinations and Appeals

Re-determination by Designated Officer or President

Marginal note:Determination final

  •  (1) If, after the making of an order or finding of the Tribunal or an order of the Governor in Council imposing a countervailing duty under section 7, any goods are imported into Canada, a determination by a designated officer

    • (a) as to whether the imported goods are goods of the same description as goods to which the order or finding of the Tribunal or the order of the Governor in Council applies,

    • (b) of the normal value of or the amount, if any, of the subsidy on any imported goods that are of the same description as goods to which the order or finding of the Tribunal or the order of the Governor in Council applies, and

    • (c) of the export price of or the amount, if any, of the export subsidy on any imported goods that are of the same description as goods to which the order or finding of the Tribunal applies,

    made within thirty days after they were accounted for under subsection 32(1), (3) or (5) of the Customs Act is final and conclusive.

  • Marginal note:Request for re-determination

    (1.01) Notwithstanding subsection (1),

    • (a) where a 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 making of the determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to a designated officer for a re-determination, if the importer has paid all duties owing on the goods; and

    • (b) where a 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 of the goods has paid all duties owing on the goods.

  • 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:Request for re-determination

    (1.1) Notwithstanding subsection (1),

    • (a) where a 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 making of the determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to a designated officer for a re-determination, if the importer has paid all duties owing on the goods; and

    • (b) where a 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 of the goods has paid all duties owing on the goods.

  • Marginal note:Determination deemed to have been made

    (2) Where, in the case of any imported goods referred to in subsection (1), a determination referred to in that subsection that is relevant in the case of those goods is not in fact made in respect of them within the thirty days referred to in that subsection, that determination shall be deemed to have been made

    • (a) on the thirtieth day after the goods were accounted for; and

    • (b) in accordance with any representations made by the person accounting for the goods at the time of the accounting.

  • R.S., 1985, c. S-15, s. 56
  • R.S., 1985, c. 1 (2nd Supp.), s. 203
  • 1988, c. 65, s. 37
  • 1993, c. 44, s. 212
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 136(F)
  • 2017, c. 20, s. 85
 
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