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Special Import Measures Regulations (SOR/84-927)

Regulations are current to 2022-11-16 and last amended on 2022-06-24. Previous Versions

PART IIIGeneral (continued)

Person Interested (continued)

 For the purposes of subsection 89(1) and section 95 of the Act, a person referred to in paragraphs 41(a) to (c) of these Regulations is a person interested in the question as to which of two or more persons is the importer in Canada where that question arises under the Act.

Fee Payable

 The fees that are payable under section 83 of the Act for the copying of information, and the fees that are payable for the copying of information that is disclosed under subsection 84(3) of the Act, shall be as follows:

  • (a) for photocopying a page with the dimensions of not more than 21.5 cm by 35.5 cm, $0.20 per page;

  • (b) for microfiche duplication, non-silver, $0.40 per fiche;

  • (c) for 16 mm microfilm duplication, non-silver, $12 per 30.5 mm roll;

  • (d) for 35 mm microfilm duplication, non-silver, $14 per 30.5 mm roll;

  • (e) for microform-to-paper duplication, $0.25 per page;

  • (f) for magnetic tape-to-tape duplication, $25 per 731.5 mm reel;

  • (g) for personal computer magnetic diskette duplication, $2 per diskette (all sizes); and

  • (h) for compact disk duplication, $20 per disk.

  • SOR/89-578, s. 1
  • SOR/2000-138, s. 9

Currency Conversion

  •  (1) Subject to subsection (2) and section 45, where an amount that is used or taken into account for any purpose in the administration or enforcement of the Act is expressed in the currency of a country other than Canada, the equivalent dollar value of that amount shall be calculated by multiplying that other currency amount by the prevailing rate of exchange referred to in section 5 of the Currency Exchange for Customs Valuation Regulations in respect of that currency for the date of sale.

  • (2) Where a sale of foreign currency on forward markets is directly linked to the export sale to an importer in Canada, the rate of exchange that was used in the forward sale of currency shall be used in place of the rate of exchange referred to in subsection (1).

  • SOR/95-26, s. 13

 Where sufficient information has not been furnished or is not available at the time goods have been released from customs possession or entered for warehouse, whichever is the earlier, to enable the calculation under section 44 to be made on the basis of the date of sale, the date of shipment to Canada shall be used in place of the date of sale for the purpose of that section.

Re-determinations

 Where a manufacturer, producer or exporter of goods of the United States files a request for re-determination, the manufacturer, producer or exporter is hereby prescribed for the purposes of subsection 59(4) of the Act.

  • SOR/89-63, s. 3

 For the purposes of subsections 56(1.01) and (1.1), 58(1.1) and (2) and 70(1) to (3) of the Act, a request for a re-determination shall be delivered to the Canada Border Services Agency at the address specified on its website.

  • SOR/89-63, s. 3
  • SOR/92-590, s. 3
  • SOR/95-26, s. 14
  • SOR/96-255, s. 24
  • SOR/2000-138, ss. 14, 15
  • SOR/2015-27, s. 6
  • SOR/2018-88, s. 7

 For the purposes of subsections 56(1.1) and 58(2) of the Act, the information to accompany a request for a re-determination shall be

  • (a) a statement setting out the grounds on which the determination or re-determination is contested;

  • (b) a statement setting out the facts on which the request for re-determination is based;

  • (c) evidence in support of the facts referred to in paragraph (b); and

  • (d) where the request for re-determination is made by the importer of the goods, a copy of

    • (i) the documentation used in accounting for the goods under subsection 32(1), (3) or (5) of the Customs Act, and

    • (ii) where the goods were released prior to accounting, the documentation used in making an interim accounting for the goods under subsection 32(2) of the Customs Act, if different from the documentation referred to in subparagraph (i).

  • SOR/89-63, s. 3
  • SOR/92-236, s. 6(E)

 For the purposes of subsections 56(1.1), 58(2) and 59(4) and (5) of the Act, the Department of State of the United States is the prescribed department of the United States government.

  • SOR/89-63, s. 3

 For the purposes of subsection 59(3.1) of the Act, a manufacturer, producer or exporter of goods of a CUSMA country who filed a request for a re-determination is a prescribed person.

 [Repealed, SOR/2018-88, s. 8]

 For the purposes of subsections 56(1.01) and 58(1.1) of the Act, a request for a re-determination shall be accompanied by

  • (a) a statement setting out the grounds on which the determination or re-determination is contested;

  • (b) a statement setting out the facts on which the request for re-determination is based;

  • (c) evidence in support of the facts referred to in paragraph (b); and

  • (d) where the request for the re-determination is made by the importer of the goods, a copy of

    • (i) the documentation used in accounting for the goods under subsection 32(1), (3) or (5) of the Customs Act, and

    • (ii) where the goods were released prior to accounting, the documentation used in making an interim accounting for the goods under subsection 32(2) of the Customs Act, if that documentation is different from the documentation referred to in subparagraph (i).

  • SOR/94-20, s. 3

 For the purposes of subsections 70(1) to (3) of the Act, a request for a re-determination shall be accompanied by

  • (a) a statement that identifies which scope ruling the requester considers applicable to the imported goods;

  • (b) arguments to support the requester’s position that the scope ruling applies to the imported goods, along with a statement of facts in support of those arguments;

  • (c) evidence in support of those arguments and facts; and

  • (d) if the requester is the importer of the goods, a copy of

    • (i) the documentation used in accounting for the goods under subsection 32(1), (3) or (5) of the Customs Act, and

    • (ii) for goods that were released prior to accounting, any documentation that was used in making an interim accounting for the goods under subsection 32(2) of the Customs Act that is different from the documentation referred to in subparagraph (i).

  • SOR/2018-88, s. 9

 For the purpose of subsection 60.1(2) of the Act, the notice of a re-determination is to be published on the website of the Canada Border Services Agency no later than 15 days after the day on which the re-determination was made.

  • SOR/2018-88, s. 9
  •  (1) For the purpose of subsection 61(1.1) of the Act, interested person means any person who, in the opinion of the Tribunal, has a substantial interest in the matter and any person who

    • (a) in respect of an appeal of a re-determination, is a domestic producer of like goods in relation to goods that are subject to the applicable order of the Governor in Council or order or finding of the Tribunal; and

    • (b) in respect of an appeal of a scope ruling or an amendment to a scope ruling, provided information to the President for the purpose of either the proceeding that resulted in the scope ruling or the review that resulted in the amendment, or both.

  • (2) For the purpose of subsection 63(1) of the Act, interested person means

    • (a) any person who is, or may become,

      • (i) an importer of goods that are or could be subject to the applicable order of the Governor in Council, order or finding of the Tribunal or undertaking, or

      • (ii) an exporter of such goods;

    • (b) a foreign producer of such goods;

    • (c) a domestic producer of like goods in relation to goods that are subject to the applicable order, finding or undertaking; or

    • (d) any person who, in the opinion of the President, has a substantial interest in the matter.

  • (3) For the purpose of subsection 67(4) of the Act, interested person means any person who provided information to the President for the purpose of the review of the scope ruling.

  • SOR/2018-88, s. 9

 For the purposes of the definition government of a CUSMA country in subsection 2(1) of the Act, the following are prescribed departments for the purposes of subsections 56(1.01), 58(1.1), 59(3.1) and 70(1) to (3) of the Act:

  • (a) in respect of the United States, the Department of State; and

  • (b) in respect of Mexico, the Secretaría de Economía (Secretariat of Economy).

Official Publication

[
  • SOR/2018-88, s. 11
]

 For the purposes of the Act,

  • (a) the Federal Register is deemed to be the official publication of the United States; and

  • (b) the Diario Oficial de la Federación is deemed to be the official publication of Mexico.

  • SOR/94-20, s. 3

Scope Ruling

 An application for a scope ruling referred to in subsection 63(1) of the Act is complete if it contains the following information:

  • (a) in all cases,

    • (i) the name and civic address and, if different, postal address of the interested person,

    • (ii) an indication as to which of subparagraph 52.3(2)(a)(i) or (ii) or of paragraph 52.3(2)(b), (c) or (d) describes the interested person,

    • (iii) an indication of any order of the Governor in Council, order or finding of the Tribunal and undertaking in respect of which an investigation has been suspended, for which the ruling is applied for,

    • (iv) an indication as to the claim in respect of whether the goods for which the ruling is applied for are of the same description as goods to which the applicable order, finding or undertaking referred to in subparagraph (iii) applies, along with arguments and documents in support of the claim,

    • (v) a description of the goods for which the ruling is applied for, notably a description of their physical characteristics, their composition, their uses, their packaging, including any other goods contained in the packaging, along with, if any, their technical specifications and their trade name,

    • (vi) each of the classification numbers under the Harmonized Commodity Description and Coding System attributed to the goods for which the ruling is applied for,

    • (vii) an indication as to whether those goods have been sold or consigned to an importer in Canada and whether those goods have been imported,

    • (viii) the name and civic address and, if different, postal address of each importer in Canada of those goods, if known,

    • (ix) the name and civic address and, if different, postal address of each producer and exporter of those goods, if known,

    • (x) the name and civic address and, if different, postal address of each domestic producer of like goods, and of any association of those domestic producers, if known, and

    • (xi) any other relevant information; and

  • (b) if the basis for the ruling that is applied for is a claim as to whether the goods for which the ruling is applied for originate in a country that is subject to the applicable order, finding or undertaking referred to in subparagraph (a)(iii) or originate in a third country,

    • (i) the name of the subject country and the third country,

    • (ii) a description, at the time of their export from the subject country, of goods from which the goods for which the ruling is applied for are produced,

    • (iii) the name and civic address and, if different, postal address, of each producer and exporter of the goods for which their description is required by subparagraph (ii), if known,

    • (iv) a description of the movement of the goods for which their description is required by subparagraph (a)(v) from the third country to Canada and by subparagraph (ii) from the subject country to the third country, including a specification of any intermediate country that they entered and left or through which they were transhipped en route,

    • (v) a description of production activities, undertaken in the subject country, the third country and any intermediate country, in relation to goods for which their description is required by subparagraph (a)(v) and subparagraph (ii), and

    • (vi) any other relevant information.

  • SOR/2018-88, s. 12

 For the purpose of subsection 63(4) of the Act, the President shall reject an application for a scope ruling if the application is incomplete or there is a scope ruling that applies to the goods for which the ruling is applied for.

  • SOR/2018-88, s. 12

 For the purpose of subsection 63(5) of the Act, the President may reject an application for a scope ruling if any of the following circumstances apply:

  • (a) the goods for which the ruling is applied for have not been produced as of the day on which the application is received;

  • (b) the basis for which the ruling is applied for is the subject of a proceeding before the President, the Tribunal, the Federal Court of Appeal, the Supreme Court of Canada or a panel under Part I.1 or II of the Act;

  • (c) following a decision setting out a finding of circumvention, the Tribunal makes an amending order referred to in section 75.3 of the Act that applies to the goods for which the ruling is applied for;

  • (d) a decision by the Tribunal, the Federal Court of Appeal, the Supreme Court of Canada, or a panel under Part I.1 or II of the Act, applies to the ruling that is applied for; and

  • (e) in the opinion of the President, the application is frivolous, vexatious or made in bad faith.

  • SOR/2018-88, s. 12

 For the purpose of subsection 66(2) of the Act, the President may extend the period for making a scope ruling to 210 days if any of the following circumstances apply:

  • (a) the issues presented by the scope proceeding are complex or novel;

  • (b) it is difficult to obtain satisfactory evidence or to assess the accuracy of evidence; and

  • (c) it is difficult to consider the information and evidence in light of the variety of goods in respect of which the scope proceeding has been initiated, the number of persons involved in the proceeding or any unusual difficulties.

  • SOR/2018-88, s. 12

 For the purpose of subsection 66(3) of the Act, the President may terminate a scope proceeding if any of the following circumstances apply:

  • (a) the President is unable to obtain necessary evidence or assess the accuracy of evidence;

  • (b) in the opinion of the President, there are no grounds for making the scope ruling;

  • (c) there is a scope ruling that applies to the goods in respect of which the scope proceeding has been initiated; and

  • (d) a circumstance referred to in any of paragraphs 54.3(b) to (d) arises after the initiation of the proceeding.

  • SOR/2018-88, s. 12
 
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