GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Special Import Measures Act — S-15 4
Other cases 4 (1) Subject to section 7.1, there shall be levied, collected and paid a duty as set out in subsections (3) and (4) on all dumped and subsidized goods imported into Canada (a) in respect of which the Tribunal has made an order or finding, after the release of the goods, that the dumping or subsidizing of goods of the same description (i) has caused injury, or (ii) would have caused injury except for the fact that provisional duty was applied in respect of the goods; and (b) that were released during the period beginning on the day on which the preliminary determination is made with respect to the goods and ending on the day on which the Tribunal makes the order or finding. Where undertaking subsequently terminated (2) There shall be levied, collected and paid a duty as set out in subsections (3) and (4) on all dumped and subsidized goods imported into Canada (a) that are the subject of an undertaking accepted by the President under subsection 49(1) that was terminated under paragraph 52(1)(d); (b) in respect of which the Tribunal has made an order or finding, after the release of the goods, that the dumping or subsidizing of goods of the same description (i) has caused injury, or (ii) would have caused injury except for the fact that provisional duty was applied in respect of the goods; and (c) that were released, where paragraph 52(1)(a), (b) or (c) applies, during the period beginning on the day on which the preliminary determination was made and ending on the day the undertaking was accepted, and (i) where paragraph 52(1)(a) applies, during the period beginning on the later of (A) the day on which the undertaking is violated, and (B) the ninetieth day before the day on which notice of the termination was given under paragraph 52(1)(e), and ending on the day on which the Tribunal makes the order or finding referred to in paragraph (b), or (ii) where paragraph 52(1)(b) or (c) applies, beginning on the day on which notice of termination was given under paragraph 52(1)(e) and ending on the day on which the Tribunal makes the order or finding referred to in paragraph (b). Amount of duty (3) The duty applicable to goods under subsection (1) or (2) is (a) in the case of dumped goods, an anti-dumping duty in an amount that is equal to the margin of dumping of the goods; and (b) in the case of subsidized goods, a countervailing duty in an amount that is equal to the amount of subsidy on the goods. Limitation (4) The duty referred to in subsection (3) shall not exceed the duty, if any, paid or payable in respect of the goods under section 8. R.S., 1985, c. S-15, s. 4; 1988, c. 65, s. 25; 1994, c. 47, s. 146; 1999, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 5
Anti-dumping duty 5 There shall be levied, collected and paid on all dumped goods imported into Canada (a) in respect of which the Tribunal has made an order or finding, after the release of the goods, that (i) either (A) there has occurred a considerable importation of like goods that were dumped, which dumping has caused injury or would have caused injury except for the application of anti-dumping measures, or (B) the importer of the goods was or should have been aware that the exporter was practising dumping and that the dumping would cause injury, and (ii) injury has been caused by a massive importation of the goods into Canada and the goods are likely to seriously undermine the remedial effect of the duties applicable under subsection 3(1); and (b) that were released during the period of ninety days preceding the day on which the President made a preliminary determination of dumping in respect of the goods or goods of that description, other than goods that were released before the initiation of an investigation referred to in section 31, an anti-dumping duty in an amount equal to the margin of dumping of the imported goods. R.S., 1985, c. S-15, s. 5; 1994, c. 47, s. 146; 1999, c. 17, s. 183; 2005, c. 38, s. 134 2022, c. 10, s. 193
Special Import Measures Act — S-15 6
Countervailing duty 6 Where any subsidy on subsidized goods is a prohibited subsidy, there shall be levied, collected and paid on all such subsidized goods imported into Canada (a) in respect of which the Tribunal has made an order or finding, after the release of the goods, that (i) injury has been caused by a massive importation of the goods into Canada, and (ii) the goods are likely to seriously undermine the remedial effect of the duties applicable under subsection 3(1), (b) that were released during the period of ninety days preceding the day on which the President made a preliminary determination of subsidizing in respect of the goods or goods of that description, other than goods that were released before the initiation of an investigation referred to in section 31, and (c) in respect of which the President has made a specification under clause 41(1)(b)(ii)(C), a countervailing duty in an amount equal to such of the amount of subsidy on the imported goods as is a prohibited subsidy. R.S., 1985, c. S-15, s. 6; 1994, c. 47, s. 146; 1999, c. 12, s. 52(E), c. 17, s. 183; 2005, c. 38, s. 134; 2017, c. 20, s. 70 2022, c. 10, s. 194
Special Import Measures Act — S-15 7
Governor in Council may impose countervailing duty by order 7 (1) The Governor in Council may order an investigation to determine the amount of subsidy on any subsidized goods that are the product of a country specified in the order, and where (a) the President has, by means of the investigation, determined that amount, and (b) the Committee has authorized Canada to impose countervailing duties on the subsidized goods, the Governor in Council may, on the recommendation of the Minister of Finance, by order impose a countervailing duty on any subsidized goods that are the product of that country and that are of the same description as the goods in respect of which the President has determined the amount of subsidy and, where a countervailing duty is so imposed, there shall, subject to subsection (2), be levied, collected and paid on all such subsidized goods imported into Canada a countervailing duty in the amount specified in the order in respect of the goods. Duty not to exceed amount of subsidy (2) Where subsidized goods on which a countervailing duty has been imposed pursuant to subsection (1) are imported into Canada and the amount of subsidy on the imported goods is less than the amount of the duty so imposed, there shall be levied, collected and paid on the goods pursuant to this section a countervailing duty only in the amount of subsidy on the goods. R.S., 1985, c. S-15, s. 7; 1994, c. 47, ss. 147, 185; 1999, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 7.1
Non-application 7.1 Sections 3 and 4 do not apply in respect of goods in respect of which an undertaking has been accepted and not terminated. 1994, c. 47, s. 148
Special Import Measures Act — S-15 7.2
Return of duty 7.2 If the Tribunal makes an order under paragraph 76.03(12)(a), the amount that was paid as anti-dumping or countervailing duties by or on an importer’s behalf shall be returned to the importer, in respect of goods that were released, five years after (a) the day on which the original order or finding was made under subsection 43(1), if no order continuing the order or finding that applies to those goods has been made under paragraph 76.03(12)(b); or (b) the day on which the last order was made, if one or more orders continuing the order or finding have been made under paragraph 76.03(12)(b). 2016, c. 7, s. 193
Special Import Measures Act — S-15 9
Duty ceases where order or finding set aside by court 9 (1) Where proceedings are commenced by an application for judicial review under the Federal Courts Act , or an application under section 96.1 of this Act, to review and set aside an order or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act on goods imported into Canada that are of the same description as any goods to which the order or finding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of the proceedings, to be so payable pursuant to the order or finding on imported goods of that description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being set aside or being set aside in relation to particular goods, in which case (a) duty ceases, on the final disposition of the proceedings, to be so payable on imported goods of that description or the same description as those particular goods, as the case may be; and (b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have been made by the Tribunal in respect of goods described in paragraph (a). Definition of proceedings (2) In subsection (1), proceedings , in relation to an application made to the Federal Court of Appeal, includes proceedings on any appeal from any decision of that Court on the application. R.S., 1985, c. S-15, s. 9; 1988, c. 65, s. 27; 1990, c. 8, s. 69; 2002, c. 8, s. 182
Special Import Measures Act — S-15 9.01
Duty ceases where order or finding rescinded pursuant to review 9.01 (1) Where a review is requested under Part I.1 of an order or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act on goods of a CUSMA country imported into Canada that are of the same description as any goods to which the order or finding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of proceedings under that Part, to be so payable pursuant to the order or finding on imported goods of that description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being rescinded or being rescinded in relation to particular goods, in which case (a) duty ceases, on the order or finding being so rescinded, to be so payable on imported goods of that description or the same description as those particular goods, as the case may be; and (b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have been made by the Tribunal in respect of goods described in paragraph (a). Suspension of s. 9.1 (2) The operation of section 9.1 is suspended during the period in which subsection (1) is in force. 1993, c. 44, s. 204 2020, c. 1, s. 73
Special Import Measures Act — S-15 9.1
Duty ceases where order or finding rescinded pursuant to review 9.1 Where a review is requested under Part II of an order or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act on goods of the United States imported into Canada that are of the same description as any goods to which the order or finding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of proceedings under that Part, to be so payable pursuant to the order or finding on imported goods of that description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being rescinded or being rescinded in relation to particular goods, in which case (a) duty ceases, on the order or finding being so rescinded, to be so payable on imported goods of that description or the same description as those particular goods, as the case may be; and (b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have been made by the Tribunal in respect of goods described in paragraph (a). 1988, c. 65, s. 28
Special Import Measures Act — S-15 9.2
Duty ceases if final determination set aside by court 9.2 (1) If duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods imported into Canada, and proceedings are commenced in the Federal Court of Appeal by an application under section 96.1 to review and set aside the final determination of the President under paragraph 41(1)(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of the proceedings, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the final determination being set aside or being set aside in relation to particular goods, or the President recommencing the investigation and terminating it under paragraph 41(1)(a), in which case (a) duty ceases, on the final determination being so set aside or the investigation being so terminated, to be so payable on imported goods of that description or the same description as those particular goods, as the case may be; and (b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have been made by the Tribunal in respect of goods described in paragraph (a). Definition of proceedings (2) In subsection (1), proceedings , in relation to an application made to the Federal Court of Appeal, includes proceedings on any appeal from any decision of that Court on the application. 1988, c. 65, s. 28; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2017, c. 20, s. 71
Special Import Measures Act — S-15 9.21
Duty ceases if investigation terminated after review 9.21 (1) If duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods of a CUSMA country imported into Canada, and a review is requested under Part I.1 of the final determination of the President under paragraph 41(1)(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of proceedings under that Part, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the President recommencing the investigation and terminating it under paragraph 41(1)(a), in which case (a) duty ceases, on the investigation being so terminated, to be so payable on imported goods of that description; and (b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have been made by the Tribunal in respect of imported goods of that description. Suspension of s. 9.3 (2) The operation of section 9.3 is suspended during the period in which subsection (1) is in force. 1993, c. 44, s. 205; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2017, c. 20, s. 72 2020, c. 1, s. 74
Special Import Measures Act — S-15 9.3
Duty ceases if investigation terminated after review 9.3 If duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods of the United States imported into Canada, and a review is requested under Part II of the final determination of the President under paragraph 41(1)(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of proceedings under that Part, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the President recommencing the investigation and terminating it under paragraph 41(1)(a), in which case (a) duty ceases, on the investigation being so terminated, to be so payable on imported goods of that description; and (b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have been made by the Tribunal in respect of imported goods of that description. 1988, c. 65, s. 28; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2017, c. 20, s. 73
Special Import Measures Act — S-15 9.4
Duty reimposed on referral back 9.4 (1) If an order of the Tribunal under subsection 76.01(5) or paragraph 76.03(12)(a) rescinding an order or finding described in any of sections 3 to 6 is referred back to the Tribunal under subsection 77.015(3) or (4) or 77.019(5), or under subsection 77.15(3) or (4) or 77.19(4), the importer of dumped or subsidized goods that are of the same description as any goods to which the rescinded order or finding applied and that are released on or after the day on which the order of the panel referring the rescinding order or finding back is made, shall pay or cause to be paid duty on the imported goods as if the rescinded order or finding had not been rescinded. Cessation of duty (2) Duty that is payable under subsection (1) continues to be so payable during the course of the proceedings of the Tribunal on the referral back and thereafter, unless the order or finding of the Tribunal on the referral back is (a) to confirm the rescinding order or finding, in which case (i) the duty ceases, on the day on which the order or finding of the Tribunal on the referral back is made, to be so payable on imported goods, and (ii) the duty paid under subsection (1) shall be returned to the importer forthwith after that day; or (b) to rescind the rescinding order or finding and make a new or other order or finding with respect to the goods to which the rescinded order or finding applied, in which case the duty paid under subsection (1) shall be returned to the importer forthwith after the day on which the order or finding of the Tribunal on the referral back is made, except to the extent of any duty payable by the importer as a consequence of the new or other order or finding. Where Tribunal makes new order or finding (3) Where the Tribunal rescinds a rescinding order or finding and makes a new or other order or finding as described in paragraph (2)(b), the new or other order or finding shall be deemed, for the purposes of this Act, to have been made on the day on which the order or finding so rescinded was made. 1988, c. 65, s. 28; 1993, c. 44, s. 206; 1999, c. 12, s. 4
Special Import Measures Act — S-15 10
Where both anti-dumping duty and countervailing duty payable on goods 10 Where both an anti-dumping duty and a countervailing duty are required by this Act to be levied, collected and paid on any goods imported into Canada and all or any portion of the margin of dumping of the goods is, in the opinion of the President, attributable to an export subsidy in respect of which a countervailing duty is required by any of sections 3, 4, 6 and 7 to be levied, collected and paid, the anti-dumping duty is, notwithstanding sections 3 to 5, leviable, collectable and payable under this Act in respect of the goods only as follows: (a) where the whole of the margin of dumping of the goods is, in the opinion of the President, attributable to the export subsidy, no anti-dumping duty is leviable, collectable or payable on the imported goods; and (b) where a portion only of the margin of dumping of the imported goods is, in the opinion of the President, attributable to the export subsidy, an anti-dumping duty is leviable, collectable and payable on the imported goods only in an amount equal to that portion of the margin of dumping of the goods that is not, in the opinion of the President, attributable to the export subsidy. R.S., 1985, c. S-15, s. 10; 1999, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 11
Duty payable by importer in Canada 11 The importer in Canada of any goods imported into Canada in respect of which duty, other than provisional duty, is payable shall, notwithstanding any security posted pursuant to section 8 or 13.2, pay or cause to be paid all such duties on the goods. R.S., 1985, c. S-15, s. 11; R.S., 1985, c. 1 (2nd Supp.), s. 199; 1994, c. 47, s. 150; 1999, c. 17, s. 183; 2001, c. 25, s. 93
Special Import Measures Act — S-15 12
Return of duty where order or finding set aside or rescinded 12 (1) Where, pursuant to an application for judicial review under the Federal Courts Act or section 96.1 of this Act or a review under Part I.1 or II of this Act, an order or finding described in any of sections 3 to 6 is set aside or rescinded or is set aside or rescinded in relation to particular goods, and where all proceedings under this Act respecting the dumping or subsidizing of all or any of the goods to which the order or finding applies or all or any of those particular goods, as the case may be, are subsequently terminated as described in section 47, any duty paid under this Act pursuant to the order or finding by or on behalf of an importer on imported goods that are of the same description as goods with respect to which such proceedings are so terminated shall be returned to the importer forthwith after the proceedings are so terminated. Return of part of duty where order or finding set aside or rescinded (1.1) Where, pursuant to an application under the Federal Courts Act or section 96.1 of this Act or a review under Part I.1 or II of this Act, an order or finding described in any of sections 3 to 6 is set aside or rescinded or is set aside or rescinded in relation to particular goods and another such order or finding is made with respect to all or any of the goods to which the order or finding applies or all or any of those particular goods, as the case may be, any duty paid under this Act pursuant to the first-mentioned order or finding by or on behalf of an importer shall, except to the extent of any duty payable by the importer as a consequence of the other order or finding, be returned to the importer without delay after the other order or finding is made. Return of duty (2) If the President is satisfied that, because of a clerical or arithmetical error, an amount has been paid as duty in respect of goods that was not properly payable, the President shall return that amount to the importer or owner of the goods by or on whose behalf it was paid. Idem (3) Where, in relation to the importation of any goods and as a consequence of the operation of any provision of this Act, duty is paid or security posted by or on behalf of a person who, at the time the duty is paid or security posted, is considered by the President to be the importer in Canada of the goods and it is subsequently ruled by the Tribunal that the person was not the importer in Canada of the goods, the duty so paid or security so posted shall be returned to the person forthwith after the Tribunal’s ruling is made. R.S., 1985, c. S-15, s. 12; 1988, c. 65, s. 29; 1990, c. 8, s. 70; 1993, c. 44, s. 207; 1999, c. 12, s. 5, c. 17, ss. 183, 184; 2002, c. 8, ss. 169(E), 182; 2005, c. 38, s. 134
Special Import Measures Act — S-15 13
Where Tribunal makes new order or finding 13 Where, pursuant to subsection 91(3), the Tribunal rescinds an order or finding with respect to goods and makes another order or finding with respect to the goods, (a) the other order or finding shall be deemed, for the purposes of this Act, to have been made on the date that the order or finding so rescinded was made; and (b) any duty paid by or on behalf of any person as a consequence of the order or finding so rescinded shall, except to the extent of any duty payable by the person as a consequence of the other order or finding, be returned to the person forthwith after the other order or finding is in fact made. 1984, c. 25, s. 13