Special Import Measures Act

Marginal note:Permissive re-determination

• 59 (1) Subject to subsection (3), the Commissioner may re-determine any determination or re-determination referred to in section 55, 56 or 57 or made under this section in respect of any imported goods

  • (a) in accordance with a request made pursuant to subsection 58(1.1) or (2);

  • (b) at any time, if the importer or exporter has made any misrepresentation or committed a fraud in accounting for the goods under subsection 32(1), (3) or (5) of the Customs Act or in obtaining release of the goods;

  • (c) at any time, if subsection 2(6) or section 26 or 28 applies or at any time becomes applicable in respect of the goods;

  • (d) at any time, for the purpose of giving effect to a decision of the Tribunal, the Federal Court or the Supreme Court of Canada with respect to the goods; and

  • (e) in any case where the Commissioner deems it advisable, within two years after the determination referred to in section 55 or subsection 56(1), as the case may be, if the Commissioner has not previously made a re-determination with respect to the goods pursuant to any of paragraphs (a) to (d) or subsection (2) or (3).

• Marginal note:Re-determination of re-determination

  (1.1) The Commissioner may re-determine any re-determination

  • (a) at any time after a re-determination was made under any of paragraphs (1)(a) to (c) and (e) but before an appeal under section 61 is heard, on the recommendation of the Attorney General of Canada, if the re-determination would reduce duties payable on the goods; and

  • (b) at any time if the re-determination would be consistent with a decision of the Tribunal, the Federal Court of Appeal or the Supreme Court of Canada, or with a re-determination under paragraph (a), made in respect of other like goods of the same importer or owner imported on or before the date of importation of the goods in respect of which the re-determination is being made.

• Marginal note:Permissive re-determination

  (2) The Commissioner may re-determine any determination or re-determination referred to in section 55, 56 or 57 or made under this section in respect of any imported goods at any time for the purpose of giving effect to a decision of a panel under Part I.1 or II with respect to the goods.

• Marginal note:Mandatory re-determination

  (3) On a request made under subsection 58(1.1) or (2) to re-determine a determination under section 55 or a re-determination under section 57, the Commissioner shall

  • (a) in the case of a determination under section 55 or a re-determination under paragraph 57(b), re-determine the determination or re-determination within one year after the request under subsection 58(1.1) or (2) was made; and

  • (b) in the case of a re-determination under paragraph 57(a), re-determine the re-determination within one year after the request under subsection 56(1.01) or (1.1) was made.

• Marginal note:Notice of re-determination

  (3.1) The Commissioner shall cause notice of each re-determination under this section to be forwarded, by registered mail, to the importer and, where the imported goods are goods of a NAFTA country, to the government of that NAFTA country, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under Part I.1, to the Canadian Secretary.

• Marginal note:Presumption

  (3.2) A notice sent to the government of a NAFTA country pursuant to subsection (3.1) shall be deemed, for the purposes of this Act, to have been received by that government ten days after the day on which it was mailed.

• Marginal note:Suspension of ss. (4) and (5)

  (3.3) The operation of subsections (4) and (5) is suspended during the period in which subsections (3.1) and (3.2) are in force.

• Marginal note:Notice of re-determination

  (4) The Commissioner shall cause notice of each re-determination under this section to be forwarded, by registered mail, to the importer and, where the imported goods are goods of the United States, to the United States government, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under Part II, to the Canadian Secretary.

• Marginal note:Presumption

  (5) A notice sent to the United States government pursuant to subsection (4) shall be deemed, for the purposes of this Act, to have been received by that government ten days after the day on which it was mailed.