Special Import Measures Act

Marginal note:Termination of undertakings by Commissioner

• 52 (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 Commissioner

  • (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 Commissioner 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 Secretary 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 Commissioner 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    • (iii) [Repealed, 1999, c. 12, s. 31]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has, under paragraph 76.01(5)(a), subsection 76.02(4), paragraph 76.03(12)(a) or subsection 76.04(1) or 76.1(2), rescinded an order or finding with respect to the goods or the order or finding has been deemed to be rescinded under subsection 76.03(1),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 Commissioner shall forthwith

  • (d) terminate the undertaking or undertakings, 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 Secretary 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 Commissioner shall terminate the undertaking or undertakings if, at any time after accepting the undertaking or undertakings, the Commissioner 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 Commissioner has accepted two or more undertakings, the Commissioner, 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 Commissioner under section 49 and any one or more of those undertakings have been or are being violated, the Commissioner 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.