GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Special Import Measures Act — S-15 41.1
Action on final determination or decision referred back by Court 41.1 (1) If a decision under paragraph 41(1)(a) or a final determination under paragraph 41(1)(b) is set aside and the matter referred back to the President on an application under section 96.1, the President shall (a) reconsider the matter and make a new final determination or decision; and (b) cause notice of the action taken pursuant to paragraph (a) to be given and published as provided in paragraph 34(1)(a) and to be given in writing to the Tribunal. Action on final determination or decision referred back by panel (2) If a decision under paragraph 41(1)(a) or a final determination under paragraph 41(1)(b) is referred back to the President under subsection 77.015(3) or (4), 77.019(5), 77.15(3) or (4) or 77.19(4), the President shall (a) reconsider the final determination or decision and confirm or rescind it or, in the case of a final determination, vary it; and (b) cause notice of the action taken pursuant to paragraph (a) to be given and published as provided in paragraph 34(1)(a) and to be given in writing to the Tribunal and the Canadian Secretary. Final determination (3) Where the President reconsiders a matter involving a final determination pursuant to subsection (1) or reconsiders and rescinds a final determination pursuant to subsection (2), section 41 shall again apply in respect of the goods to which the final determination applied as if that section had not previously applied in respect of those goods, except that the action that the President is required by that section to take shall, notwithstanding anything therein, be taken by the President within such period as is specified by the panel that made the order or the Federal Court of Appeal, as the case may be, or, in the case of the Federal Court of Appeal, within ninety days after the Court gives its ruling, if it did not specify a period. Decision to terminate (4) Where the President reconsiders a matter involving a decision pursuant to subsection (1) or reconsiders and rescinds a decision pursuant to subsection (2), (a) the President shall be deemed to have made, on the day on which the order referring the matter or decision back to the President was made, a preliminary determination of dumping or subsidizing in respect of the goods that were the subject of the investigation that was terminated; (b) the President shall resume the investigation that was terminated; (c) section 41 shall again apply as described in subsection (3); and (d) sections 42 and 43 shall again apply in respect of the goods to which the decision relates as if those sections had not previously applied in respect of those goods, except that the action that the Tribunal is required by those sections to take shall, notwithstanding anything therein, be taken by the Tribunal within one hundred and twenty days after the day on which the order referring the decision back to the President was made. 1988, c. 65, s. 31; 1993, c. 44, s. 208; 1994, c. 47, s. 186; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2014, c. 20, ss. 430, 443; 2017, c. 20, s. 80
Special Import Measures Act — S-15 41.2
President to be guided by Canada’s obligations 41.2 The President shall, in an investigation respecting the subsidizing of any goods, take into account the provisions of paragraphs 10 and 11 of Article 27 of the Subsidies Agreement. 1994, c. 47, s. 168; 1999, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 42
egligible (4.1) If the Tribunal determines that the volume of dumped or subsidized goods from a country is negligible, the Tribunal shall terminate its inquiry in respect of those goods. When domestic industry based on regional markets (5) Where subsection 2(1.1) applies in respect of the dumping or subsidizing of goods to which the preliminary determination applies, the Tribunal shall not find that the dumping or subsidizing of those goods has caused injury or retardation or is threatening to cause injury unless (a) there is a concentration of those goods into the regional market; and (b) the dumping or subsidizing of those goods has caused injury or retardation or is threatening to cause injury to the producers of all or almost all of the production of like goods in the regional market. Volume of dumped or subsidized goods (6) For the purposes of this section, the volume of dumped or subsidized goods from a country is deemed to include the volume of goods of the country that are of the same description and are the subject of a sale for export to Canada. Application (7) For the purposes of this section, dumped or subsidized goods do not include goods of an exporter in respect of which the margin of dumping or amount of subsidy is insignificant. R.S., 1985, c. S-15, s. 42; 1994, c. 47, s. 169; 1999, c. 12, ss. 26, 52(E); 2014, c. 20, s. 431; 2017, c. 20, s. 81 2022, c. 10, s. 197
Special Import Measures Act — S-15 43
Tribunal to make order or finding 43 (1) In any inquiry referred to in section 42 in respect of any goods, the Tribunal shall, forthwith after the date of receipt of notice of a final determination of dumping or subsidizing with respect to any of those goods, but, in any event, not later than one hundred and twenty days after the date of receipt of notice of a preliminary determination with respect to the goods, make such order or finding with respect to the goods to which the final determination applies as the nature of the matter may require, and shall declare to what goods, including, where applicable, from what supplier and from what country of export, the order or finding applies. Separate order or finding (1.01) Where an inquiry referred to in section 42 involves any of the following goods, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of each CUSMA country: (a) goods of more than one CUSMA country; or (b) goods of one or more CUSMA countries and goods of one or more other countries. 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. Separate order or finding (1.1) Where an inquiry referred to in section 42 involves goods of the United States as well as goods of other countries, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of the United States. Notice of order or finding (2) The Tribunal shall forward by registered mail to the President, the importer, the exporter and such other persons as may be specified by the rules of the Tribunal (a) forthwith after it is made, a copy of each order or finding made by it pursuant to this section; and (b) not later than fifteen days after the making of an order or finding by it pursuant to this section, a copy of the reasons for making the order or finding. Publication of notice (3) The Tribunal shall cause a notice of each order or finding made by it pursuant to this section to be published in the Canada Gazette . R.S., 1985, c. S-15, s. 43; 1988, c. 65, s. 32; 1993, c. 44, s. 209; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2014, c. 20, s. 432 2020, c. 1, s. 75
Special Import Measures Act — S-15 44
Recommencement of inquiry 44 (1) Where pursuant to an application for judicial review under the Federal Courts Act or an application under section 96.1 of this Act, an order or finding of the Tribunal is set aside or is set aside in relation to particular goods, the Tribunal shall (a) where the matter is referred back to the Tribunal for determination, forthwith recommence the inquiry made in respect of the goods to which the order or finding applies or in respect of the particular goods, as the case may be, and (b) in any other case, decide, within thirty days after the final disposition of the application, whether or not to recommence the inquiry in respect of the goods to which the order or finding applies or in respect of the particular goods, as the case may be, and, if the Tribunal decides that the inquiry should be recommenced, forthwith recommence the inquiry, and a new order or finding compatible with the final disposition of the issues raised by or as a result of the application shall be made by the Tribunal with respect to the goods in respect of which the inquiry is recommenced forthwith and, in any event, not later than one hundred and twenty days after (c) where paragraph (a) applies, the date on which the order or finding is set aside, and (d) where paragraph (b) applies, the date on which the Tribunal decides that the inquiry should be recommenced. Idem (2) Where an inquiry is recommenced pursuant to subsection (1) with respect to any goods, (a) the Tribunal shall without delay give notice of the recommencement of the inquiry with respect to those goods to every person to whom it forwarded, under subsection 43(2), a copy of the order or finding with respect to which the application under the Federal Courts Act was made; and (b) the Tribunal shall, for the purpose of making the new order or finding referred to in subsection (1), take any further steps in the inquiry, whether by way of hearing or re-hearing any matter, the receipt of additional evidence or otherwise, that it considers necessary or advisable. R.S., 1985, c. S-15, s. 44; 1988, c. 65, s. 33; 1990, c. 8, s. 71; 2002, c. 8, ss. 170(E), 182; 2014, c. 20, s. 433
Special Import Measures Act — S-15 45
Initiation of inquiry if imposition of duty not in public interest 45 (1) If, as a result of an inquiry referred to in section 42 arising out of the dumping or subsidizing of any goods, the Tribunal makes an order or finding described in any of sections 3 to 6 with respect to those goods, the Tribunal shall, on its own initiative or on the request of an interested person that is made within the prescribed period and in the prescribed manner, initiate a public interest inquiry if the Tribunal is of the opinion that there are reasonable grounds to consider that the imposition of an anti-dumping or countervailing duty, or the imposition of such a duty in the full amount provided for by any of those sections, in respect of the goods would not or might not be in the public interest. Publication of notice (2) The Tribunal shall publish in the Canada Gazette notice of a decision to initiate a public interest inquiry. Consideration of prescribed factors (3) In a public interest inquiry, the Tribunal shall take into account any factors, including prescribed factors, that it considers relevant. Report (4) If, as a result of a public interest inquiry, the Tribunal is of the opinion that the imposition of an anti-dumping or countervailing duty, or the imposition of such a duty in the full amount provided for by any of sections 3 to 6, in respect of the goods would not or might not be in the public interest, the Tribunal shall without delay (a) report to the Minister of Finance that it is of that opinion and provide that Minister with a statement of the facts and reasons that caused it to be of that opinion; and (b) cause notice of the report to be published in the Canada Gazette . Details in report (5) If the Tribunal is of the opinion that the imposition of an anti-dumping or countervailing duty in the full amount would not or might not be in the public interest, the Tribunal shall, in the report referred to in paragraph (4)(a), specify either (a) a level of reduction in the anti-dumping or countervailing duty provided for in any of sections 3 to 6; or (b) a price or prices that are adequate to eliminate injury, retardation or the threat of injury to the domestic industry. Persons interested may make representations (6) If a person interested in a public interest inquiry makes a request to the Tribunal within the prescribed period and in the prescribed manner for an opportunity to make representations to the Tribunal on the question whether the Tribunal should make a report under paragraph (4)(a) with respect to any goods in respect of which the inquiry is being made, the Tribunal shall give that person an opportunity to make representations to the Tribunal on that question orally or in writing, or both, as the Tribunal directs in the case of that inquiry. R.S., 1985, c. S-15, s. 45; 1999, c. 12, s. 27; 2014, c. 20, s. 443
Special Import Measures Act — S-15 46
Tribunal to advise President 46 Where, during an inquiry referred to in section 42 respecting the dumping or subsidizing of goods to which a preliminary determination under this Act applies, the Tribunal is of the opinion that (a) there is evidence that goods the uses and other characteristics of which closely resemble the uses and other characteristics of goods to which the preliminary determination applies have been or are being dumped or subsidized, and (b) the evidence discloses a reasonable indication that the dumping or subsidizing referred to in paragraph (a) has caused injury or retardation or is threatening to cause injury, the Tribunal, by notice in writing setting out the description of the goods first mentioned in paragraph (a), shall so advise the President. R.S., 1985, c. S-15, s. 46; 1994, c. 47, s. 170; 1999, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 47
Termination of proceedings 47 (1) An order or finding made by the Tribunal with respect to any dumped or subsidized goods, other than an order or finding described in any of sections 3 to 6, terminates all proceedings under this Act respecting the dumping or subsidizing of the goods, other than proceedings under Part I.1 or II or subsection 76.02(1) or (3). Termination of inquiry — Chile (2) If goods of Chile are exempted from the application of this Act by regulations made under section 14, the Tribunal shall issue an order terminating any inquiry referred to in section 42 to the extent that it relates to the dumping of those goods. Notice of termination (3) The Tribunal shall (a) send, immediately after an inquiry is terminated under subsection (2), notice of the termination to the President, the importer, the exporter, the Government of the Republic of Chile and any other persons who are specified by the rules of the Tribunal; and (b) cause a notice of the termination to be published in the Canada Gazette . R.S., 1985, c. S-15, s. 47; 1988, c. 65, s. 34; 1993, c. 44, s. 210; 1997, c. 14, s. 91; 1999, c. 12, s. 28, c. 17, s. 183; 2005, c. 38, s. 134; 2014, c. 20, s. 434
Special Import Measures Act — S-15 48
48 [Repealed, R.S., 1985, c. 47 (4th Supp.), s. 52]
Special Import Measures Act — S-15 49
Acceptance of undertaking 49 (1) Subject to subsection (2), the President may, in an investigation respecting the dumping or subsidizing of goods, accept an undertaking or undertakings with respect to dumped or subsidized goods where the President is of the opinion that observance of the undertaking or undertakings, as the case may be, will eliminate (a) the margin of dumping of or the subsidy on (i) where the undertaking is given by an exporter, the goods if they are sold by the exporter to importers in Canada, and (ii) where the undertaking is given by the government of a country from which the goods are exported to Canada, the goods if they are exported to Canada from that country pursuant to sales thereof by exporters to importers in Canada; or (b) any injury, retardation or threat of injury that is being caused by the dumping or subsidizing. Idem (2) The President shall not accept an undertaking with respect to dumped or subsidized goods (a) unless he is of the opinion that observance of the undertaking will not cause (i) where the undertaking is given by an exporter, the price at which the goods are sold to importers in Canada by the exporter, or (ii) where 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 margin of dumping of the goods or the estimated amount of subsidy thereon; (b) unless the President has made a preliminary determination under subsection 38(1); or (c) where he is of the opinion that it would not be practicable to administer the undertaking or undertakings, as the case may be. Request to complete investigation and inquiry (3) Where the exporter, in the case of an investigation and inquiry with respect to dumped goods, or the government of the exporting country, in the case of an investigation and inquiry with respect to subsidized goods, wishes to offer an undertaking with respect to the dumped or subsidized goods, as the case may be, but wishes the investigation and inquiry with respect to the goods to be completed, (a) the undertaking must be accompanied by a request to the President to complete the investigation; and (b) a request must be made to the Tribunal to complete its inquiry. Time for offering undertaking (4) The President may refuse to accept any undertaking offered after such period of time as is prescribed for the purpose of this subsection. Consideration of representations (5) In considering whether to accept an undertaking, the President shall consider any representations received from the importer, exporter, government of the country of export or any other interested person. R.S., 1985, c. S-15, s. 49; 1994, c. 47, ss. 171, 185(E); 1999, c. 12, s. 29, c. 17, ss. 183, 184; 2005, c. 38, s. 134; 2016, c. 7, s. 198; 2017, c. 20, s. 82
Special Import Measures Act — S-15 50
Procedure where undertaking accepted 50 Forthwith after the President accepts, in an investigation by the President under section 31, an undertaking or undertakings with respect to dumped or subsidized goods, (a) the President shall (i) cause notice of the acceptance to be given and published as provided in paragraph 34(1)(a), (ii) suspend the collection of provisional duties with respect to those goods, as provided under subsection 8(5), (iii) suspend the investigation unless the requests referred to in subsection 49(3) were made, and (iv) notify the Tribunal of any suspension under subparagraph (iii); and (b) the Tribunal shall suspend its inquiry with respect to the dumping or subsidizing of goods with respect to which the undertaking or undertakings have been accepted unless the requests referred to in subsection 49(3) were made. R.S., 1985, c. S-15, s. 50; 1994, c. 47, s. 172; 1999, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 50.1
Suspension of operation of time period 50.1 (1) Where an undertaking has been accepted with respect to the dumping or subsidizing of goods, the operation of any period specified, pursuant to this Act, for the doing of any thing in relation to those goods is suspended for such period as the undertaking is in force and is resumed on the expiration or termination of the undertaking. Extension of time period (2) A period to which subsection (1) applies is extended by a period equal to (a) where subsection 51(1) applies in respect of the undertaking, the period between the day on which the undertaking was accepted and the day on which it was terminated; or (b) in any other case, the period between the day on which the preliminary determination was made in respect of the goods to which the undertaking applies and the day on which the undertaking was accepted. 1994, c. 47, s. 172
Special Import Measures Act — S-15 51
President to terminate undertaking 51 (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. 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
Special Import Measures Act — S-15 51.1
Acceptance of further undertakings 51.1 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
Special Import Measures Act — S-15 53
Review and renewal of undertaking by President 53 (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. Expiry of undertaking (2) An undertaking expires immediately after the President decides under subsection (1) not to renew it. 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. 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