Special Import Measures Act

Marginal note:Duty ceases where investigation terminated pursuant to review

9.3 Where duty is leviable, collectable and payable (in this section referred to as "payable") under this Act pursuant to an order or finding of the Tribunal on goods of the United States imported into Canada and a review is requested under Part II of the final determination of the Commissioner under paragraph 41(1)(a) on which the order or finding is based, duty continues, notwithstanding any order or decision that may be made or given in the course of proceedings under that Part, to be so payable pursuant to the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the Commissioner recommencing the investigation and terminating it under paragraph 41(1)(b), in which case

• (a) duty ceases, on the investigation being so terminated, to be so payable on imported goods of that description; and

• (b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have been made by the Tribunal in respect of imported goods of that description.