Special Import Measures Act

Marginal note:Acceptance of undertaking

• 49 (1) Subject to subsection (2), the Commissioner may, in an investigation respecting the dumping or subsidizing of goods, accept an undertaking or undertakings with respect to dumped or subsidized goods where the Commissioner is of the opinion that observance of the undertaking or undertakings, as the case may be, will eliminate

  • (a) the margin of dumping of or the subsidy on

    • (i) where the undertaking is given by an exporter, the goods if they are sold by the exporter to importers in Canada, and

    • (ii) where the undertaking is given by the government of a country from which the goods are exported to Canada, the goods if they are exported to Canada from that country pursuant to sales thereof by exporters to importers in Canada; or

  • (b) any injury, retardation or threat of injury that is being caused by the dumping or subsidizing.

• Marginal note:Idem

  (2) The Commissioner shall not accept an undertaking with respect to dumped or subsidized goods

  • (a) unless he is of the opinion that observance of the undertaking will not cause

    • (i) where the undertaking is given by an exporter, the price at which the goods are sold to importers in Canada by the exporter, or

    • (ii) where the undertaking is given by the government of a country, the price at which the goods, when exported to Canada from that country, will be sold to importers in Canada,

    to increase by more than the estimated margin of dumping of the goods or the estimated amount of subsidy thereon;

  • (b) unless the Commissioner has made a preliminary determination under subsection 38(1); or

  • (c) where he is of the opinion that it would not be practicable to administer the undertaking or undertakings, as the case may be.

• Marginal note:Request to complete investigation and inquiry

  (3) Where the exporter, in the case of an investigation and inquiry with respect to dumped goods, or the government of the exporting country, in the case of an investigation and inquiry with respect to subsidized goods, wishes to offer an undertaking with respect to the dumped or subsidized goods, as the case may be, but wishes the investigation and inquiry with respect to the goods to be completed,

  • (a) the undertaking must be accompanied by a request to the Commissioner to complete the investigation; and

  • (b) a request must be made to the Tribunal to complete its inquiry.

• Marginal note:Time for offering undertaking

  (4) The Commissioner may refuse to accept any undertaking offered after such period of time as is prescribed for the purpose of this subsection.

• Marginal note:Consideration of representations

  (5) In considering whether to accept an undertaking, the Commissioner shall consider any representations received from the importer, exporter, government of the country of export or any other interested person.