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Special Import Measures Act

Version of section 35 from 2014-11-01 to 2016-06-21:


Marginal note:Termination of investigation or inquiry

  •  (1) The President shall act under subsection (2) and the Tribunal shall act under subsection (3) if, at any time before the President makes a preliminary determination under subsection 38(1) in respect of goods of a country or countries,

    • (a) the President is satisfied in respect of some or all of those goods that

      • (i) there is insufficient evidence of dumping or subsidizing to justify proceeding with the investigation,

      • (ii) the margin of dumping of, or the amount of subsidy on, the goods of that country or of any of those countries is insignificant, or

      • (iii) the actual and potential volume of dumped or subsidized goods is negligible; or

    • (b) the Tribunal comes to the conclusion in respect of some or all of those goods that the evidence does not disclose a reasonable indication that the dumping or subsidizing of the goods has caused injury or retardation or is threatening to cause injury.

  • Marginal note:Duty of President

    (2) The President shall

    • (a) cause the investigation to be terminated with respect to the goods in respect of which the President is so satisfied or the Tribunal has come to that conclusion; and

    • (b) cause notice of the termination to be

      • (i) given to the Tribunal, the exporter, the importer, the government of the country of export, the complainant, if any, and any prescribed persons, and

      • (ii) published in the Canada Gazette.

  • Marginal note:Duty of Tribunal

    (3) The Tribunal shall

    • (a) cause the preliminary inquiry to be terminated with respect to the goods in respect of which the President is so satisfied or the Tribunal has come to that conclusion; and

    • (b) cause notice of the termination to be

      • (i) given to the President, the exporter, the importer, the government of the country of export, the complainant, if any, and any prescribed persons, and

      • (ii) published in the Canada Gazette.

  • R.S., 1985, c. S-15, s. 35
  • 1994, c. 47, s. 165
  • 1999, c. 12, s. 17, c. 17, ss. 183, 184
  • 2005, c. 38, s. 134
  • 2014, c. 20, s. 443

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