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

Act current to 2019-07-01 and last amended on 2019-06-17. Previous Versions

PART ISpecial Import Measures (continued)

Scope Ruling (continued)

Marginal note:Application of scope ruling

 A scope ruling applies to

  • (a) any determination or re-determination under sections 55, 56 and 57 and paragraphs 59(1)(a) and (e); and

  • (b) any decision relating to whether an undertaking in respect of which an investigation has been suspended under subparagraph 50(a)(iii) applies to goods.

  • R.S., 1985, c. S-15, s. 68
  • R.S., 1985, c. 47 (4th Supp.), s. 52
  • 2017, c. 20, s. 89

Marginal note:Binding decision

 Subject to the regulations, a scope ruling is binding with respect to any decision, determination or re-determination made by a designated officer or the President in respect of any goods to which that scope ruling applies that are released on or after its effective date.

  • R.S., 1985, c. S-15, s. 69
  • R.S., 1985, c. 47 (4th Supp.), s. 52
  • 2017, c. 20, s. 89

Marginal note:Application — section 55

  •  (1) A scope ruling may be applied by the President to any determination made under section 55 in respect of any goods which are accounted for under subsection 32(1), (3) or (5) of the Customs Act, no more than two years before the effective date of the scope ruling if, no later than 90 days after that effective date,

    • (a) the importer of the goods

      • (i) makes a written request in the prescribed form and manner and accompanied by the prescribed information, and

      • (ii) has paid all duties owing on the goods; or

    • (b) when the goods are 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 makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

  • Marginal note:Application — section 56

    (2) A scope ruling may be applied by a designated officer to any determination made under section 56 no more than two years before the ruling’s effective date if the determination has not previously been re-determined under section 57 or 59 and, no later than 90 days after that date,

    • (a) the importer of the goods

      • (i) makes a written request in the prescribed form and manner and accompanied by the prescribed information, and

      • (ii) has paid all duties owing on the goods; or

    • (b) when the goods are 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 makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

  • Marginal note:Application — section 57 or 59

    (3) A scope ruling may be applied by the President to any re-determination made under section 57 or paragraph 59(1)(a) or (e) in respect of any goods that are the subject of a determination made under subsection 56(1) or (2) no more than two years before the ruling’s effective date if, no later than 90 days after that date,

    • (a) the importer of the goods

      • (i) makes a written request in the prescribed form and manner and accompanied by the prescribed information, and

      • (ii) has paid all duties owing on the goods; or

    • (b) when the goods are 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 makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

  • Marginal note:Scope ruling — designated officer

    (4) A scope ruling may be applied by a designated officer to any determination made under section 56 no more than two years before the ruling’s effective date if the designated officer deems it advisable within two years after the determination.

  • Marginal note:Scope ruling — President

    (5) A scope ruling may be applied by the President to any determination made under section 55 or any re-determination made under section 56 or 57 or paragraph 59(1)(a) or (e) no more than two years before the ruling’s effective date if the President deems it advisable within two years after the day on which the determination or re-determination is made, as the case may be.

  • Marginal note:Requests under subsection (1) or (3)

    (6) In the case of a request made under subsection (1) or (3), the President shall make a decision within one year after the day on which the request was made.

  • Marginal note:Date of decision

    (7) Except for the purposes of making a request under subsection 58(1.1) or section 77.011 or filing a notice of appeal under subsection 61(1), a decision made under subsection (4) or (5) within 90 days after the scope ruling’s effective date is deemed to be made on that day.

  • Marginal note:Deemed decision — subsection (1), (3) or (5)

    (8) A decision made under subsection (1), (3) or (5) is deemed to be a re-determination made by the President under subsection 59(1).

  • Marginal note:Deemed decision — subsection (2) or (4)

    (9) A decision made under subsection (2) or (4) is deemed to be a re-determination made by a designated officer under section 57.

  • R.S., 1985, c. S-15, s. 70
  • R.S., 1985, c. 47 (4th Supp.), s. 52
  • 2017, c. 20, s. 89

Anti-circumvention Investigations

Marginal note:Definition of circumvention

 For the purposes of sections 72 to 75.6, circumvention means a situation in which all of the following exist:

  • (a) a change has occurred in the pattern of trade since the day on which an order imposing a countervailing duty was made under section 7 or an investigation was initiated under section 31, as the case may be;

  • (b) a prescribed activity is occurring and imports of the goods to which that prescribed activity applies are undermining the remedial effects of the order in council or the order or finding of the Tribunal; and

  • (c) the principal cause of the change in trade pattern is the imposition of anti-dumping or countervailing duties.

  • R.S., 1985, c. S-15, s. 71
  • R.S., 1985, c. 47 (4th Supp.), s. 52
  • 2017, c. 20, s. 89

Marginal note:Initiation of investigation

  •  (1) The President shall cause an investigation to be initiated respecting the circumvention of an order or finding of the Tribunal, or an order of the Governor in Council imposing a countervailing duty under section 7, on the President’s own initiative or, if he or she receives a written complaint respecting the circumvention, within 45 days after the day on which that complaint is received, if he or she is of the opinion that there is evidence that circumvention is occurring.

  • Marginal note:Investigation — exporter or country

    (2) An anti-circumvention investigation may be initiated in respect of an exporter or in respect of a country, as the circumstances require.

  • Marginal note:Complaint — required information

    (3) A complaint made under subsection (1) shall contain the information supporting the allegations that is reasonably available to the complainant and any other prescribed information.

  • R.S., 1985, c. S-15, s. 72
  • R.S., 1985, c. 1 (2nd Supp.), s. 208, c. 47 (4th Supp.), s. 52
  • 2017, c. 20, s. 89

Marginal note:Notice of investigation

  •  (1) If the President causes an anti-circumvention investigation to be initiated, he or she shall

    • (a) cause notice of the investigation to be

      • (i) given to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any, and

      • (ii) published in the Canada Gazette; and

    • (b) publish the reasons for initiating the investigation in the prescribed manner.

  • Marginal note:President decides not to initiate investigation

    (2) If, after receipt of a complaint referred to in subsection 72(1), the President decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated, the President shall send a written notice of the decision and the reasons for it to the complainant.

  • R.S., 1985, c. S-15, s. 73
  • R.S., 1985, c. 47 (4th Supp.), s. 52
  • 2017, c. 20, s. 89
 
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