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Special Import Measures Act (R.S.C., 1985, c. S-15)

Act current to 2024-05-28 and last amended on 2022-06-23. Previous Versions

PART ISpecial Import Measures (continued)

Undertakings (continued)

Marginal note:President to terminate undertaking

  •  (1) The President shall forthwith terminate an undertaking in respect of which the President receives, within thirty days after the date of the notice of acceptance of an undertaking or undertakings with respect to dumped or subsidized goods given pursuant to paragraph 50(a)(i) but before an order is made by the Tribunal under subsection 43(1) in respect of the goods, a request for termination from

    • (a) in the case of dumped goods, the importer or exporter of the goods or the complainant in the investigation respecting the goods; and

    • (b) in the case of subsidized goods, the importer, exporter or government of the country of export of the goods or the complainant in the investigation respecting the goods.

  • Marginal note:President to resume investigation

    (2) Where the President terminates any undertaking pursuant to subsection (1), he shall forthwith cause the investigation to be resumed with respect to all the goods to which the investigation related when he accepted the undertaking or undertakings, as the case may be, and shall cause notice of the resumption of the investigation to be given as provided in paragraph 34(1)(a).

  • R.S., 1985, c. S-15, s. 51
  • 1994, c. 47, ss. 173, 186
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134

Marginal note:Acceptance of further undertakings

 If an investigation has been suspended under subparagraph 50(a)(iii), the President may accept an undertaking in respect of dumped or subsidized goods from an exporter or government that had not previously offered an undertaking in respect of the goods that was accepted by the President under subsection 49(1) if the President is of the opinion that observance of the undertaking will not cause

  • (a) if the undertaking is given by an exporter, the price at which the goods are sold to importers in Canada by the exporter to increase by more than the estimated margin of dumping of the goods or the estimated amount of subsidy on the goods; or

  • (b) if 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 amount of subsidy on the goods.

  • 1999, c. 12, s. 30, c. 17, s. 184
  • 2005, c. 38, s. 134

Marginal note:Termination of undertakings by President

  •  (1) Where, at any time after accepting an undertaking or undertakings with respect to any dumped or subsidized goods that were the subject of an investigation, the President

    • (a) is satisfied that the undertaking or any of the undertakings has been or is being violated,

    • (b) is satisfied that the undertaking or undertakings would not have been accepted if the information available at that time had been available when the undertaking was accepted, or

    • (c) is satisfied that the undertaking or undertakings would not have been accepted if the circumstances prevailing at that time had prevailed when the undertaking was accepted,

    the President shall forthwith

    • (d) terminate the undertaking or undertakings,

    • (e) cause notice of the termination of the undertaking or undertakings to be given and published as provided in paragraph 34(1)(a) and filed with the Tribunal in writing, and

    • (f) where the investigation has been suspended under subparagraph 50(a)(iii), cause it to be resumed.

  • Marginal note:Termination where no dumping, etc.

    (1.1) Where, at any time after the President accepts an undertaking or undertakings with respect to any dumped or subsidized goods that were the subject of an investigation,

    • (a) there has been a determination under subsection 41(1) or section 41.1 that

      • (i) there has been no dumping or subsidizing of the goods, or

      • (ii) the margin of dumping of, or the amount of subsidy on, the goods is insignificant,

      • (iii) [Repealed, 1999, c. 12, s. 31]

    • (b) an order or finding has been made under subsection 43(1) that there has been no injury, retardation or threat of injury as a result of the dumping or subsidizing of the goods, or

    • (c) the Tribunal has, under paragraph 76.01(5)(a), subsection 76.02(4), paragraph 76.03(12)(a) or subsection 76.04(1) or 76.1(2), rescinded an order or finding with respect to the goods or the order or finding has been deemed to be rescinded under subsection 76.03(1),

    the President shall forthwith

    • (d) terminate the undertaking or undertakings in respect of those goods, and

    • (e) cause notice of the termination of the undertaking or undertakings to be given and published as provided in paragraph 34(1)(a) and filed with the Tribunal in writing.

  • Marginal note:Termination if conditions no longer exist

    (1.2) Unless the Tribunal has made an order or finding under subsection 43(1) that the dumping or subsidizing of the goods to which the preliminary determination applies has caused injury or retardation or is threatening to cause injury, and that order or finding has not been rescinded under paragraph 76.01(5)(a), subsection 76.02(4), paragraph 76.03(12)(a) or subsection 76.04(1) or 76.1(2) or has not been deemed to be rescinded under subsection 76.03(1), the President shall terminate the undertaking or undertakings if, at any time after accepting the undertaking or undertakings, the President is satisfied that, notwithstanding the termination of the undertaking or undertakings, the condition in paragraph 49(1)(a) or (b), as the case may be, would no longer exist.

  • Marginal note:Effect of termination of undertaking

    (1.3) A termination of an undertaking under subsection (1.2) terminates all proceedings under this Act respecting the dumping or subsidizing of the goods to which the undertaking relates, unless, in any case where the President has accepted two or more undertakings, the President, for good reason, otherwise directs.

  • Marginal note:Where no action to be taken

    (2) Where, in any investigation respecting the dumping or subsidizing of goods, a number of undertakings are accepted by the President under section 49 and any one or more of those undertakings have been or are being violated, the President shall not, unless he sees good reason to the contrary, take any action under subsection (1) if the undertakings that have not been and are not being violated account for substantially all the imports into Canada of the goods.

  • R.S., 1985, c. S-15, s. 52
  • 1994, c. 47, s. 174
  • 1999, c. 12, ss. 31, 52(E), c. 17, ss. 183, 184
  • 2005, c. 38, s. 134
  • 2014, c. 20, s. 443
  • 2017, c. 20, s. 83

Marginal note:Review and renewal of undertaking by President

  •  (1) Unless the Tribunal has made an order or finding under subsection 43(1) that the dumping or subsidizing of the goods to which the preliminary determination applies has caused injury or retardation or is threatening to cause injury and that order or finding has not been rescinded under paragraph 76.01(5)(a), subsection 76.02(4), paragraph 76.03(12)(a) or subsection 76.04(1) or 76.1(2) or has not been deemed to be rescinded under subsection 76.03(1), the President shall review the undertaking before the expiry of five years after the date on which it was accepted and before the expiry of each subsequent period, if any, for which it is renewed under this section and if, on the review, the President is satisfied

    • (a) that the undertaking continues to serve the purpose for which it was intended, and

    • (b) that the President is not required to terminate it under section 52,

    the President shall renew the undertaking for a further period of not more than five years.

  • Marginal note:Expiry of undertaking

    (2) An undertaking expires immediately after the President decides under subsection (1) not to renew it.

  • Marginal note:Expiration terminates all proceedings

    (3) Where an undertaking expires by reason of subsection (2), the expiration terminates all proceedings under this Act respecting the dumping or subsidizing of the goods to which the undertaking relates, unless, in any case where the President has accepted two or more undertakings, the President, for good reason, otherwise directs.

  • Marginal note:Notice

    (4) Where an undertaking is renewed or not renewed pursuant to subsection (1), the President shall cause notice of the decision to renew or not to renew, as the case may be, to be given and published as provided in paragraph 34(1)(a) and filed with the Tribunal.

  • R.S., 1985, c. S-15, s. 53
  • 1988, c. 65, s. 35
  • 1994, c. 47, ss. 175, 186
  • 1999, c. 12, s. 32, c. 17, ss. 183, 184
  • 2005, c. 38, s. 134
  • 2014, c. 20, s. 443

Marginal note:Action on decision referred back by Court

  •  (1) Where a decision under subsection 53(1) to renew or not to renew an undertaking is set aside and the matter referred back to the President on an application under section 96.1,

    • (a) the President shall

      • (i) reconsider the matter and make a new decision, and

      • (ii) cause notice of the action taken pursuant to subparagraph (i) to be given and published as provided in paragraph 34(1)(a) and filed with the Tribunal; and

    • (b) in the case of a decision not to renew an undertaking, the undertaking shall be deemed to have been renewed on the day on which the order referring the matter back is made and continues in effect until action is taken pursuant to subparagraph (a)(i).

  • Marginal note:Action on decision referred back by panel

    (2) Where a decision under subsection 53(1) to renew or not to renew an undertaking is referred back to the President under subsection 77.015(3) or (4) or 77.019(5), or under subsection 77.15(3) or (4) or 77.19(4),

    • (a) the President shall

      • (i) reconsider the decision and confirm, rescind or vary it, and

      • (ii) cause notice of the action taken pursuant to subparagraph (i) to be given and published as provided in paragraph 34(1)(a) and filed with the Tribunal and the Canadian Secretary; and

    • (b) in the case of a decision not to renew an undertaking, the undertaking shall be deemed to have been renewed on the day on which the order is made and continues in effect until action is taken pursuant to subparagraph (a)(i).

  • 1988, c. 65, s. 36
  • 1993, c. 44, s. 211
  • 1994, c. 47, s. 186
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134
  • 2014, c. 20, ss. 435, 443

Marginal note:Amendment of undertaking

 Subject to subsections 53(1) and (2), an undertaking may be amended at any time in accordance with its terms.

  • 1984, c. 25, s. 54

Determinations by Designated Officer

Marginal note:Determination by designated officer

  •  (1) Where the President

    • (a) has made a final determination of dumping or subsidizing under subsection 41(1) with respect to any goods, and

    • (b) has, where applicable, received from the Tribunal an order or finding described in any of sections 4 to 6 with respect to the goods to which the final determination applies,

    the President shall cause a designated officer to determine, not later than six months after the date of the order or finding,

    • (c) in respect of any goods referred to in subsection (2), whether the goods are in fact goods of the same description as goods described in the order or finding,

    • (d) the normal value and export price of or the amount of subsidy on the goods so released, and

    • (e) where section 6 or 10 applies in respect of the goods, the amount of the export subsidy on the goods.

  • Marginal note:Application

    (2) Subsection (1) applies only in respect of

    • (a) goods released on or after the day on which a preliminary determination has been made, and on or before the day on which an undertaking has been accepted, in respect of the goods;

    • (b) goods described in paragraph 5(b) or 6(b);

    • (c) goods that are released on or after the day on which an undertaking with respect to those goods has been terminated pursuant to section 52 and on or before the day on which the Tribunal makes an order or finding pursuant to subsection 43(1) with respect to the goods; and

    • (d) goods described in paragraph 4(1)(b) or (2)(c).

  • R.S., 1985, c. S-15, s. 55
  • R.S., 1985, c. 1 (2nd Supp.), s. 202
  • 1994, c. 47, ss. 176, 185
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134

Marginal note:Determination of circumvention

  •  (1) If the Tribunal has made an order described in subsection 3(1.2) with respect to the goods to which the determination of circumvention applies, the President shall cause a designated officer to determine, not later than six months after the date of the order,

    • (a) in respect of any goods referred to in subsection (2), whether the goods are in fact goods of the same description as goods described in the order;

    • (b) the normal value and export price of or the amount of subsidy on the goods; and

    • (c) if section 6 or 10 applies in respect of the goods, the amount of the export subsidy on the goods.

  • Marginal note:Application

    (2) Subsection (1) applies only in respect of goods released on or after the day on which an anti-circumvention investigation is initiated under subsection 72(1) and on or before the day on which the Tribunal makes an order under section 75.3 in respect of the goods.

  • Marginal note:Re-determination

    (3) A determination made under subsection (1) is deemed to be a re-determination by a designated officer under paragraph 57(b).

  • 2017, c. 20, s. 84

Re-determinations and Appeals

Re-determination by Designated Officer or President

Marginal note:Determination final

  •  (1) If, after the making of an order or finding of the Tribunal or an order of the Governor in Council imposing a countervailing duty under section 7, any goods are imported into Canada, a determination by a designated officer

    • (a) as to whether the imported goods are goods of the same description as goods to which the order or finding of the Tribunal or the order of the Governor in Council applies,

    • (b) of the normal value of or the amount, if any, of the subsidy on any imported goods that are of the same description as goods to which the order or finding of the Tribunal or the order of the Governor in Council applies, and

    • (c) of the export price of or the amount, if any, of the export subsidy on any imported goods that are of the same description as goods to which the order or finding of the Tribunal applies,

    made within thirty days after they were accounted for under subsection 32(1), (3) or (5) of the Customs Act is final and conclusive.

  • Marginal note:Request for re-determination

    (1.01) Notwithstanding subsection (1),

    • (a) where a determination referred to in that subsection is made in respect of any goods, including goods of a CUSMA country, the importer of the goods may, within ninety days after the making of the determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to a designated officer for a re-determination, if the importer has paid all duties owing on the goods; and

    • (b) where a determination referred to in that subsection is made in respect of goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer of the goods has paid all duties owing on the goods.

  • Marginal note:Suspension of s. (1.1)

    (1.02) The operation of subsection (1.1) is suspended during the period in which subsection (1.01) is in force.

  • Marginal note:Request for re-determination

    (1.1) Notwithstanding subsection (1),

    • (a) where a determination referred to in that subsection is made in respect of any goods, including goods of the United States, the importer of the goods may, within ninety days after the making of the determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to a designated officer for a re-determination, if the importer has paid all duties owing on the goods; and

    • (b) where a determination referred to in that subsection is made in respect of goods of the United States, the United States government or the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer of the goods has paid all duties owing on the goods.

  • Marginal note:Determination deemed to have been made

    (2) Where, in the case of any imported goods referred to in subsection (1), a determination referred to in that subsection that is relevant in the case of those goods is not in fact made in respect of them within the thirty days referred to in that subsection, that determination shall be deemed to have been made

    • (a) on the thirtieth day after the goods were accounted for; and

    • (b) in accordance with any representations made by the person accounting for the goods at the time of the accounting.

  • R.S., 1985, c. S-15, s. 56
  • R.S., 1985, c. 1 (2nd Supp.), s. 203
  • 1988, c. 65, s. 37
  • 1993, c. 44, s. 212
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 136(F)
  • 2017, c. 20, s. 85
  • 2020, c. 1, s. 76
 

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