Special Import Measures Act

Marginal note:Action on final determination or decision referred back by Court

• 41.1 (1) Where a final determination under paragraph 41(1)(a) or a decision under paragraph 41(1)(b) is set aside and the matter referred back to the Commissioner on an application under section 96.1, the Commissioner shall

  • (a) reconsider the matter and make a new final determination or decision; and

  • (b) cause notice of the action taken pursuant to paragraph (a) to be given and published as provided in paragraph 34(1)(a) and to be given in writing to the Secretary.

• Marginal note:Action on final determination or decision referred back by panel

  (2) Where a final determination under paragraph 41(1)(a) or a decision under paragraph 41(1)(b) is referred back to the Commissioner under subsection 77.015(3) or (4) or 77.019(5), or under subsection 77.15(3) or (4) or 77.19(4), the Commissioner shall

  • (a) reconsider the final determination or decision and confirm or rescind it or, in the case of a final determination, vary it; and

  • (b) cause notice of the action taken pursuant to paragraph (a) to be given and published as provided in paragraph 34(1)(a) and to be given in writing to the Secretary and the Canadian Secretary.

• Marginal note:Final determination

  (3) Where the Commissioner reconsiders a matter involving a final determination pursuant to subsection (1) or reconsiders and rescinds a final determination pursuant to subsection (2), section 41 shall again apply in respect of the goods to which the final determination applied as if that section had not previously applied in respect of those goods, except that the action that the Commissioner is required by that section to take shall, notwithstanding anything therein, be taken by the Commissioner within such period as is specified by the panel that made the order or the Federal Court of Appeal, as the case may be, or, in the case of the Federal Court of Appeal, within ninety days after the Court gives its ruling, if it did not specify a period.

• Marginal note:Decision to terminate

  (4) Where the Commissioner reconsiders a matter involving a decision pursuant to subsection (1) or reconsiders and rescinds a decision pursuant to subsection (2),

  • (a) the Commissioner shall be deemed to have made, on the day on which the order referring the matter or decision back to the Commissioner was made, a preliminary determination of dumping or subsidizing in respect of the goods that were the subject of the investigation that was terminated;

  • (b) the Commissioner shall resume the investigation that was terminated;

  • (c) section 41 shall again apply as described in subsection (3); and

  • (d) sections 42 and 43 shall again apply in respect of the goods to which the decision relates as if those sections had not previously applied in respect of those goods, except that the action that the Tribunal is required by those sections to take shall, notwithstanding anything therein, be taken by the Tribunal within one hundred and twenty days after the day on which the order referring the decision back to the Commissioner was made.