Special Import Measures Act

Marginal note:Determination or re-determination final

• 58 (1) A determination or re-determination by a designated officer under section 55 or 57 with respect to any imported goods is final and conclusive.

• Marginal note:Request for re-determination

  (1.1) Notwithstanding subsection (1),

  • (a) where a determination or re-determination referred to in that subsection is made in respect of any goods, including goods of a NAFTA country, the importer of the goods may, within ninety days after the date of the determination or re-determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to the Commissioner for a re-determination, if the importer has paid all duties owing on the goods; and

  • (b) where a determination or re-determination referred to in that subsection is made in respect of 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 may make a request as described in paragraph (a), whether or not the importer has paid all duties owing on the goods.

• Marginal note:Suspension of s. (2)

  (1.2) The operation of subsection (2) is suspended during the period in which subsection (1.1) is in force.

• Marginal note:Request for re-determination

  (2) Notwithstanding subsection (1),

  • (a) where a determination or re-determination referred to in that subsection is made in respect of any goods, including goods of the United States, the importer of the goods may, within ninety days after the date of the determination or re-determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to the Commissioner for a re-determination, if the importer has paid all duties owing on the goods; and

  • (b) where a determination or re-determination referred to in that subsection is made in respect of goods of the United States, the United States government or the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer has paid all duties owing on the goods.