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Special Import Measures Act

Version of section 60 from 2002-12-31 to 2005-12-11:

Marginal note:Effect of re-determination

  •  (1) Where, in accordance with section 57 or 59, a re-determination as to whether any goods are goods described in paragraph 56(1)(a) or a re-determination of the normal value or export price of or the amount of subsidy or export subsidy on the goods has been made,

    • (a) the importer shall pay any additional duty payable with respect to the goods, or

    • (b) the whole or a part of any duty, or duty and interest paid (other than interest that was paid because duties were not paid when required by subsection 32(5) or section 33 of the Customs Act), in excess of the duties owing in respect of the goods shall be returned to the importer forthwith,

    if on the re-determination it is determined that the additional duty is payable or that the whole or the part of the duty paid was not payable, as the case may be.

  • Marginal note:Decision of Commissioner

    (2) Notwithstanding subsection 25(2), any duties imposed, by virtue of this Act, on goods sold to an importer in Canada shall be included in the costs referred to in subparagraph 25(1)(c)(i) or (d)(v), as the case may be, where, in any re-determination referred to in subsection (1), the Commissioner is of the opinion that

    • (a) the goods were resold by the person referred to in paragraph 25(1)(c) who purchased the goods from the importer or by a subsequent purchaser at a price that is lower than the total of

      • (i) the price at which the seller acquired the goods, and

      • (ii) the administrative, selling and all other costs directly or indirectly attributable to the sale of the goods; and

    • (b) the export price, determined under section 24, of the goods is unreliable for a reason set out in subparagraph 25(1)(b)(ii).

  • R.S., 1985, c. S-15, s. 60
  • 1994, c. 47, ss. 177, 185
  • 1999, c. 17, s. 183
  • 2001, c. 25, s. 96

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