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Special Import Measures Act (R.S.C., 1985, c. S-15)

Act current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

PART ISpecial Import Measures (continued)

Inquiries by Tribunal (continued)

Marginal note:Tribunal to make order or finding

  •  (1) In any inquiry referred to in section 42 in respect of any goods, the Tribunal shall, forthwith after the date of receipt of notice of a final determination of dumping or subsidizing with respect to any of those goods, but, in any event, not later than one hundred and twenty days after the date of receipt of notice of a preliminary determination with respect to the goods, make such order or finding with respect to the goods to which the final determination applies as the nature of the matter may require, and shall declare to what goods, including, where applicable, from what supplier and from what country of export, the order or finding applies.

  • Marginal note:Separate order or finding

    (1.01) Where an inquiry referred to in section 42 involves goods of

    • (a) more than one NAFTA country, or

    • (b) one or more NAFTA countries and goods of one or more other countries,

    the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of each NAFTA country.

  • Marginal note:Suspension of s. (1.1)

    (1.02) The operation of subsection (1.1) is suspended during the period in which subsection (1.01) is in force.

  • Marginal note:Separate order or finding

    (1.1) Where an inquiry referred to in section 42 involves goods of the United States as well as goods of other countries, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of the United States.

  • Marginal note:Notice of order or finding

    (2) The Tribunal shall forward by registered mail to the President, the importer, the exporter and such other persons as may be specified by the rules of the Tribunal

    • (a) forthwith after it is made, a copy of each order or finding made by it pursuant to this section; and

    • (b) not later than fifteen days after the making of an order or finding by it pursuant to this section, a copy of the reasons for making the order or finding.

  • Marginal note:Publication of notice

    (3) The Tribunal shall cause a notice of each order or finding made by it pursuant to this section to be published in the Canada Gazette.

  • R.S., 1985, c. S-15, s. 43
  • 1988, c. 65, s. 32
  • 1993, c. 44, s. 209
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134
  • 2014, c. 20, s. 432

Marginal note:Recommencement of inquiry

  •  (1) Where pursuant to an application for judicial review under the Federal Courts Act or an application under section 96.1 of this Act, an order or finding of the Tribunal is set aside or is set aside in relation to particular goods, the Tribunal shall

    • (a) where the matter is referred back to the Tribunal for determination, forthwith recommence the inquiry made in respect of the goods to which the order or finding applies or in respect of the particular goods, as the case may be, and

    • (b) in any other case, decide, within thirty days after the final disposition of the application, whether or not to recommence the inquiry in respect of the goods to which the order or finding applies or in respect of the particular goods, as the case may be, and, if the Tribunal decides that the inquiry should be recommenced, forthwith recommence the inquiry,

    and a new order or finding compatible with the final disposition of the issues raised by or as a result of the application shall be made by the Tribunal with respect to the goods in respect of which the inquiry is recommenced forthwith and, in any event, not later than one hundred and twenty days after

    • (c) where paragraph (a) applies, the date on which the order or finding is set aside, and

    • (d) where paragraph (b) applies, the date on which the Tribunal decides that the inquiry should be recommenced.

  • Marginal note:Idem

    (2) Where an inquiry is recommenced pursuant to subsection (1) with respect to any goods,

    • (a) the Tribunal shall without delay give notice of the recommencement of the inquiry with respect to those goods to every person to whom it forwarded, under subsection 43(2), a copy of the order or finding with respect to which the application under the Federal Courts Act was made; and

    • (b) the Tribunal shall, for the purpose of making the new order or finding referred to in subsection (1), take any further steps in the inquiry, whether by way of hearing or re-hearing any matter, the receipt of additional evidence or otherwise, that it considers necessary or advisable.

  • R.S., 1985, c. S-15, s. 44
  • 1988, c. 65, s. 33
  • 1990, c. 8, s. 71
  • 2002, c. 8, ss. 170(E), 182
  • 2014, c. 20, s. 433

Marginal note:Initiation of inquiry if imposition of duty not in public interest

  •  (1) If, as a result of an inquiry referred to in section 42 arising out of the dumping or subsidizing of any goods, the Tribunal makes an order or finding described in any of sections 3 to 6 with respect to those goods, the Tribunal shall, on its own initiative or on the request of an interested person that is made within the prescribed period and in the prescribed manner, initiate a public interest inquiry if the Tribunal is of the opinion that there are reasonable grounds to consider that the imposition of an anti-dumping or countervailing duty, or the imposition of such a duty in the full amount provided for by any of those sections, in respect of the goods would not or might not be in the public interest.

  • Marginal note:Publication of notice

    (2) The Tribunal shall publish in the Canada Gazette notice of a decision to initiate a public interest inquiry.

  • Marginal note:Consideration of prescribed factors

    (3) In a public interest inquiry, the Tribunal shall take into account any factors, including prescribed factors, that it considers relevant.

  • Marginal note:Report

    (4) If, as a result of a public interest inquiry, the Tribunal is of the opinion that the imposition of an anti-dumping or countervailing duty, or the imposition of such a duty in the full amount provided for by any of sections 3 to 6, in respect of the goods would not or might not be in the public interest, the Tribunal shall without delay

    • (a) report to the Minister of Finance that it is of that opinion and provide that Minister with a statement of the facts and reasons that caused it to be of that opinion; and

    • (b) cause notice of the report to be published in the Canada Gazette.

  • Marginal note:Details in report

    (5) If the Tribunal is of the opinion that the imposition of an anti-dumping or countervailing duty in the full amount would not or might not be in the public interest, the Tribunal shall, in the report referred to in paragraph (4)(a), specify either

    • (a) a level of reduction in the anti-dumping or countervailing duty provided for in any of sections 3 to 6; or

    • (b) a price or prices that are adequate to eliminate injury, retardation or the threat of injury to the domestic industry.

  • Marginal note:Persons interested may make representations

    (6) If a person interested in a public interest inquiry makes a request to the Tribunal within the prescribed period and in the prescribed manner for an opportunity to make representations to the Tribunal on the question whether the Tribunal should make a report under paragraph (4)(a) with respect to any goods in respect of which the inquiry is being made, the Tribunal shall give that person an opportunity to make representations to the Tribunal on that question orally or in writing, or both, as the Tribunal directs in the case of that inquiry.

  • R.S., 1985, c. S-15, s. 45
  • 1999, c. 12, s. 27
  • 2014, c. 20, s. 443

Marginal note:Tribunal to advise President

 Where, during an inquiry referred to in section 42 respecting the dumping or subsidizing of goods to which a preliminary determination under this Act applies, the Tribunal is of the opinion that

  • (a) there is evidence that goods the uses and other characteristics of which closely resemble the uses and other characteristics of goods to which the preliminary determination applies have been or are being dumped or subsidized, and

  • (b) the evidence discloses a reasonable indication that the dumping or subsidizing referred to in paragraph (a) has caused injury or retardation or is threatening to cause injury,

the Tribunal, by notice in writing setting out the description of the goods first mentioned in paragraph (a), shall so advise the President.

  • R.S., 1985, c. S-15, s. 46
  • 1994, c. 47, s. 170
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134

Marginal note:Termination of proceedings

  •  (1) An order or finding made by the Tribunal with respect to any dumped or subsidized goods, other than an order or finding described in any of sections 3 to 6, terminates all proceedings under this Act respecting the dumping or subsidizing of the goods, other than proceedings under Part I.1 or II or subsection 76.02(1) or (3).

  • Marginal note:Termination of inquiry — Chile

    (2) If goods of Chile are exempted from the application of this Act by regulations made under section 14, the Tribunal shall issue an order terminating any inquiry referred to in section 42 to the extent that it relates to the dumping of those goods.

  • Marginal note:Notice of termination

    (3) The Tribunal shall

    • (a) send, immediately after an inquiry is terminated under subsection (2), notice of the termination to the President, the importer, the exporter, the Government of the Republic of Chile and any other persons who are specified by the rules of the Tribunal; and

    • (b) cause a notice of the termination to be published in the Canada Gazette.

  • R.S., 1985, c. S-15, s. 47
  • 1988, c. 65, s. 34
  • 1993, c. 44, s. 210
  • 1997, c. 14, s. 91
  • 1999, c. 12, s. 28, c. 17, s. 183
  • 2005, c. 38, s. 134
  • 2014, c. 20, s. 434
 
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