Special Import Measures Act

Marginal note:Review and renewal of undertaking by Commissioner

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applies has caused injury or retardation or is threatening to cause injury and that order or finding has not been rescinded under paragraph 76.01(5)(a), subsection 76.02(4), paragraph 76.03(12)(a) or subsection 76.04(1) or 76.1(2) or has not been deemed to be rescinded under subsection 76.03(1), the Commissioner shall review the undertaking before the expiry of five years after the date on which it was accepted and before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

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

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

  the Commissioner 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 Commissioner 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 Commissioner has accepted two or more undertakings, the Commissioner, for good reason, otherwise directs.

• Marginal note:Notice

  (4) Where an undertaking is renewed or not renewed pursuant to subsection (1), the Commissioner 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 Secretary.