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Special Import Measures Act

Version of section 43 from 2020-07-01 to 2024-10-30:


Marginal note:Tribunal to make order or finding

  •  (1) In any inquiry referred to in section 42 in respect of any goods, the Tribunal shall, forthwith after the date of receipt of notice of a final determination of dumping or subsidizing with respect to any of those goods, but, in any event, not later than one hundred and twenty days after the date of receipt of notice of a preliminary determination with respect to the goods, make such order or finding with respect to the goods to which the final determination applies as the nature of the matter may require, and shall declare to what goods, including, where applicable, from what supplier and from what country of export, the order or finding applies.

  • Marginal note:Separate order or finding

    (1.01) Where an inquiry referred to in section 42 involves any of the following goods, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of each CUSMA country:

    • (a) goods of more than one CUSMA country; or

    • (b) goods of one or more CUSMA countries and goods of one or more other countries.

  • 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:Separate order or finding

    (1.1) Where an inquiry referred to in section 42 involves goods of the United States as well as goods of other countries, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of the United States.

  • Marginal note:Notice of order or finding

    (2) The Tribunal shall forward by registered mail to the President, the importer, the exporter and such other persons as may be specified by the rules of the Tribunal

    • (a) forthwith after it is made, a copy of each order or finding made by it pursuant to this section; and

    • (b) not later than fifteen days after the making of an order or finding by it pursuant to this section, a copy of the reasons for making the order or finding.

  • Marginal note:Publication of notice

    (3) The Tribunal shall cause a notice of each order or finding made by it pursuant to this section to be published in the Canada Gazette.

  • R.S., 1985, c. S-15, s. 43
  • 1988, c. 65, s. 32
  • 1993, c. 44, s. 209
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134
  • 2014, c. 20, s. 432
  • 2020, c. 1, s. 75

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