Special Import Measures Act

Marginal note:Request for ruling on who is importer in Canada

• 89 (1) Where a question arises or is raised as to which of two or more persons is, for the purposes of this Act, the importer in Canada of goods imported or to be imported into Canada on which duty is payable or has been paid or will be payable if the goods are imported, the Commissioner may, and at the request of any person interested in the importation of the goods shall, request the Tribunal for a ruling on that question, unless, in the case only of goods that have been imported into Canada,

  • (a) a determination has been made under section 55 or 56 with respect to the goods; and

  • (b) more than ninety days have elapsed since the determination referred to in paragraph (a) was made.

• Marginal note:Idem

  (2) Where the Commissioner makes a request under subsection (1) for a ruling on the question referred to therein, the Commissioner shall

  • (a) state in the request which of the two or more persons the Commissioner believes is the importer in Canada of the goods;

  • (b) if any of the goods is of the same description as the goods specified in a preliminary determination made in an investigation that was initiated pursuant to section 31 and is still continuing, so state in the request;

  • (c) provide the Tribunal with such information as the Commissioner considers will be useful to it in considering the question and with such other information as the Tribunal may request; and

  • (d) give notice of his request to such persons as the rules of the Tribunal require or as the Tribunal may require.

• Marginal note:Investigation deemed to continue

  (3) Where, in any investigation, the Commissioner makes a final determination of dumping or subsidizing under subsection 41(1) in respect of any goods, the investigation shall, for the purpose of paragraph (2)(b), be deemed to continue until such time as the Tribunal makes an order or finding in respect of the goods.