GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Special Import Measures Act — S-15 53.1
Action on decision referred back by Court 53.1 (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). 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
Special Import Measures Act — S-15 54
Amendment of undertaking 54 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
Special Import Measures Act — S-15 55
Determination by designated officer 55 (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. 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
Special Import Measures Act — S-15 55.1
Determination of circumvention 55.1 (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. 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. 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
Special Import Measures Act — S-15 57
Review by designated officer 57 Unless the President has previously re-determined under section 59 a determination referred to in subsection 56(1) or (2) or the determination was made in respect of goods released after the initiation of an expedited review under subsection 13.2(3) and before a decision was issued under that subsection, a designated officer may re-determine the determination (a) in accordance with a request made under subsection 56(1.01) or (1.1); or (b) if the designated officer deems it advisable, within two years after the determination. R.S., 1985, c. S-15, s. 57; R.S., 1985, c. 1 (2nd Supp.), s. 204; 1988, c. 65, s. 38; 1993, c. 44, s. 213; 1999, c. 12, s. 33, c. 17, ss. 183, 184; 2005, c. 38, s. 134
Special Import Measures Act — S-15 58
Determination or re-determination final 58 (1) A determination or re-determination by a designated officer under section 55 or 57 with respect to any imported goods is final and conclusive. Request for re-determination (1.1) Notwithstanding subsection (1), (a) where a determination or re-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 90 days after the date of the determination or re-determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to the President for a re-determination, if the importer has paid all duties owing on the goods; and (b) where a determination or re-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 has paid all duties owing on the goods. Suspension of s. (2) (1.2) The operation of subsection (2) is suspended during the period in which subsection (1.1) is in force. Request for re-determination (2) Notwithstanding subsection (1), (a) where a determination or re-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 date of the determination or re-determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to the President for a re-determination, if the importer has paid all duties owing on the goods; and (b) where a determination or re-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 has paid all duties owing on the goods. R.S., 1985, c. S-15, s. 58; R.S., 1985, c. 1 (2nd Supp.), s. 205; 1988, c. 65, s. 39; 1993, c. 44, s. 214; 1999, c. 17, s. 183; 2005, c. 38, s. 134 2020, c. 1, s. 77
Special Import Measures Act — S-15 59
ted States, to the United States government, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under Part II, to the Canadian Secretary. Presumption (5) A notice sent to the United States government pursuant to subsection (4) shall be deemed, for the purposes of this Act, to have been received by that government ten days after the day on which it was mailed. R.S., 1985, c. S-15, s. 59; R.S., 1985, c. 1 (2nd Supp.), s. 206, c. 47 (4th Supp.), s. 52; 1988, c. 65, s. 40; 1993, c. 44, s. 215; 1999, c. 12, s. 34, c. 17, ss. 183, 184; 2002, c. 8, s. 171; 2005, c. 38, s. 134 2020, c. 1, s. 78
Special Import Measures Act — S-15 60
Effect of re-determination 60 (1) Where, in accordance with section 57 or 59, a re-determination as to whether any goods are goods described in paragraph 56(1)(a) or a re-determination of the normal value or export price of or the amount of subsidy or export subsidy on the goods has been made, (a) the importer shall pay any additional duty payable with respect to the goods, or (b) the whole or a part of any duty, or duty and interest paid (other than interest that was paid because duties were not paid when required by subsection 32(5) or section 33 of the Customs Act ), in excess of the duties owing in respect of the goods shall be returned to the importer forthwith, if on the re-determination it is determined that the additional duty is payable or that the whole or the part of the duty paid was not payable, as the case may be. Decision of President (2) Notwithstanding subsection 25(2), any duties imposed, by virtue of this Act, on goods sold to an importer in Canada shall be included in the costs referred to in subparagraph 25(1)(c)(i) or (d)(v), as the case may be, where, in any re-determination referred to in subsection (1), the President is of the opinion that (a) the goods were resold by the person referred to in paragraph 25(1)(c) who purchased the goods from the importer or by a subsequent purchaser at a price that is lower than the total of (i) the price at which the seller acquired the goods, and (ii) the administrative, selling and all other costs directly or indirectly attributable to the sale of the goods; and (b) the export price, determined under section 24, of the goods is unreliable for a reason set out in subparagraph 25(1)(b)(ii). R.S., 1985, c. S-15, s. 60; 1994, c. 47, ss. 177, 185; 1999, c. 17, s. 183; 2001, c. 25, s. 96; 2005, c. 38, s. 134
Special Import Measures Act — S-15 60.1
Notice to be given 60.1 (1) If a determination or a re-determination has been made under section 55, subsection 56(1) or section 57 or 59, notice of the determination or re-determination shall be given without delay to the importer in Canada. Notice — section 59 re-determination (2) The President shall publish a notice of any re-determination made under paragraph 59(1)(a) or (e) in respect of whether goods are of the same description as goods described in the order or finding, in the prescribed manner. 2001, c. 25, s. 97; 2017, c. 20, s. 86
Special Import Measures Act — S-15 61
Appeal to Tribunal 61 (1) Subject to section 77.012 or 77.12, a person who deems himself aggrieved by a re-determination of the President made pursuant to section 59 with respect to any goods may appeal therefrom to the Tribunal by filing a notice of appeal in writing with the President and the Tribunal within ninety days after the day on which the re-determination was made. Appeal — scope ruling (1.1) Interested persons may appeal a scope ruling made under section 66 or, an amendment to such a ruling resulting from a review under subsection 67 (2) or, subject to section 77.012 or 77.12 and only in respect of whether goods are of the same description as goods described in the order or finding, a re-determination made under paragraph 59(1)(a) or (e), to the Tribunal by filing a notice of appeal in writing with the President and the Tribunal within 90 days after the day on which the decision was made. Publication of notice of appeal (2) Notice of the hearing of an appeal under subsection (1) or (1.1) must be published in the Canada Gazette at least 21 days before the day of the hearing, and any person who enters an appearance with the Tribunal at least seven days before the day of the hearing may be heard on the appeal. Order or finding of the Tribunal (3) On any appeal under subsection (1) or (1.1), the Tribunal may make such order or finding as the nature of the matter may require and, without limiting the generality of the foregoing, may declare what duty is payable or that no duty is payable on the goods with respect to which the appeal was taken, and an order, finding or declaration of the Tribunal is final and conclusive subject to further appeal as provided in section 62. R.S., 1985, c. S-15, s. 61; R.S., 1985, c. 47 (4th Supp.), s. 52; 1993, c. 44, s. 216; 1999, c. 12, s. 35, c. 17, s. 183; 2005, c. 38, s. 134; 2014, c. 20, ss. 436, 443; 2017, c. 20, s. 87
Special Import Measures Act — S-15 62
Appeal to Federal Court on question of law 62 (1) Any of the parties to an appeal under section 61, namely, (a) the person who appealed, (b) the President, or (c) any person who entered an appearance in accordance with subsection 61(2), may, within ninety days after the making of an order or finding under subsection 61(3), appeal therefrom to the Federal Court of Appeal on any question of law. Disposition of appeal (2) The Federal Court of Appeal may dispose of an appeal by making such order or finding as the nature of the matter may require and, without limiting the generality of the foregoing, may (a) declare what duty is payable or that no duty is payable on the goods with respect to which the appeal to the Tribunal was taken; or (b) refer the matter back to the Tribunal for re-hearing. R.S., 1985, c. S-15, s. 62; R.S., 1985, c. 47 (4th Supp.), s. 52; 1990, c. 8, s. 72; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2017, c. 20, s. 88
Special Import Measures Act — S-15 63
Application 63 (1) Any interested person may submit an application to the President for a scope ruling with respect to any goods. Application review period (2) The President shall, within 30 days after the day on which he or she receives the application, determine if it should be rejected or if a scope proceeding should be initiated. Extension of review period (3) The President may extend the period set out in subsection (2) to 45 days. Prescribed criteria (4) The President shall reject the application if any criteria prescribing the rejection of an application apply. Prescribed circumstances (5) The President may reject an application in the prescribed circumstances. Notice (6) The President shall provide written notice to the applicant if their application is rejected under subsection (4) or (5) and give reasons for the rejection. Incomplete application (7) If an application is incomplete, the notice referred to in subsection (6) must identify the deficiencies in the application. Initiation of scope proceeding (8) If the President does not reject the application under subsection (4) or (5), the President shall initiate a scope proceeding with respect to the goods that are the subject of the application. R.S., 1985, c. S-15, s. 63; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89
Special Import Measures Act — S-15 64
President’s initiative 64 The President may initiate a scope proceeding with respect to any goods at any time, on the President’s own initiative. R.S., 1985, c. S-15, s. 64; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89
Special Import Measures Act — S-15 65
Notice of scope proceeding 65 If a scope proceeding is initiated under subsection 63 (8) or section 64 , the President shall provide written notice to the applicant, if any, the government of the country of export, the exporter, the importer and the domestic producers. R.S., 1985, c. S-15, s. 65; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89
Special Import Measures Act — S-15 66
Scope ruling 66 (1) Subject to subsections (2) and (3), on or before the one hundred twentieth day after the initiation of a scope proceeding under subsection 63 (8) or section 64 , the President shall make a scope ruling and provide reasons for it. Extension (2) The President may, in the prescribed circumstances, extend the period set out in subsection (1) to 210 days. Termination (3) At any time before the President makes a scope ruling under subsection (1), the President may cause the scope proceeding to be terminated in the prescribed circumstances. Scope ruling — effective date (4) A scope ruling made under subsection (1) takes effect on the day on which it is made, unless the President indicates otherwise, and it includes any terms and conditions that the President considers appropriate. Notice (5) The President shall give written notice to the government of the country of export and the applicant, if any, of: (a) an extension given under subsection (2); (b) the making of a scope ruling under subsection (1); and (c) the termination of a scope proceeding under subsection (3). Factors for ruling (6) In making a scope ruling, the President shall take into account any prescribed factors and any other factor that the President considers relevant. Ruling final (7) A scope ruling made under subsection (1) is final and conclusive, subject to further appeal as provided in subsection 61(1.1). R.S., 1985, c. S-15, s. 66; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89
Special Import Measures Act — S-15 67
Review of ruling 67 (1) For the purpose of giving effect to a decision of the Tribunal, the Federal Court of Appeal or the Supreme Court of Canada, the President shall review the scope ruling made under subsection 66 (1) to which that Tribunal or Court decision relates. Review — prescribed circumstances (2) The President may review a scope ruling made under subsection 66 (1) under prescribed circumstances. Confirmation, amendment or revocation (3) The President shall confirm, amend or revoke a scope ruling reviewed under subsection (1) or (2). Written notice (4) The President shall give written notice to the government of the country of export, the applicant, if any, and interested persons of a review undertaken under subsection (1) or (2). R.S., 1985, c. S-15, s. 67; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89
Special Import Measures Act — S-15 68
Application of scope ruling 68 A scope ruling applies to (a) any determination or re-determination under sections 55, 56 and 57 and paragraphs 59(1)(a) and (e); and (b) any decision relating to whether an undertaking in respect of which an investigation has been suspended under subparagraph 50(a)(iii) applies to goods. R.S., 1985, c. S-15, s. 68; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89
Special Import Measures Act — S-15 69
Binding decision 69 Subject to the regulations, a scope ruling is binding with respect to any decision, determination or re-determination made by a designated officer or the President in respect of any goods to which that scope ruling applies that are released on or after its effective date. R.S., 1985, c. S-15, s. 69; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89
Special Import Measures Act — S-15 70
 to be a re-determination made by the President under subsection 59(1). Deemed decision — subsection (2) or (4) (9) A decision made under subsection (2) or (4) is deemed to be a re-determination made by a designated officer under section 57. R.S., 1985, c. S-15, s. 70; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89 2020, c. 1, s. 79
Special Import Measures Act — S-15 71
Definition of circumvention 71 For the purposes of sections 72 to 75.6 , circumvention means a situation in which all of the following exist: (a) a change has occurred in the pattern of trade since the day on which an order imposing a countervailing duty was made under section 7 or an investigation was initiated under section 31, as the case may be; (b) a prescribed activity is occurring and imports of the goods to which that prescribed activity applies are undermining the remedial effects of the order in council or the order or finding of the Tribunal; and (c) the change in trade pattern is caused by the imposition of anti-dumping or countervailing duties. R.S., 1985, c. S-15, s. 71; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89 2022, c. 10, s. 198
Special Import Measures Act — S-15 72
Initiation of investigation 72 (1) The President shall cause an investigation to be initiated respecting the circumvention of an order or finding of the Tribunal, or an order of the Governor in Council imposing a countervailing duty under section 7, on the President’s own initiative or, if he or she receives a written complaint respecting the circumvention, within 45 days after the day on which that complaint is received, if he or she is of the opinion that there is evidence disclosing a reasonable indication that circumvention is occurring. Investigation — exporter or country (2) An anti-circumvention investigation may be initiated in respect of an exporter or in respect of a country, as the circumstances require. Complaint — required information (3) A complaint made under subsection (1) shall contain the information supporting the allegations that is reasonably available to the complainant and any other prescribed information. R.S., 1985, c. S-15, s. 72; R.S., 1985, c. 1 (2nd Supp.), s. 208, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89 2022, c. 10, s. 199
Special Import Measures Act — S-15 73
Notice of investigation 73 (1) If the President causes an anti-circumvention investigation to be initiated, he or she shall (a) cause notice of the investigation to be (i) given to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any, and (ii) published in the Canada Gazette ; and (b) publish the reasons for initiating the investigation in the prescribed manner. President decides not to initiate investigation (2) If, after receipt of a complaint referred to in subsection 72 (1), the President decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated, the President shall send a written notice of the decision and the reasons for it to the complainant. R.S., 1985, c. S-15, s. 73; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89
Special Import Measures Act — S-15 74
Statement of essential facts 74 (1) Subject to subsection (2), the President shall publish, in the prescribed manner, a statement of essential facts in respect of an investigation initiated under subsection 72 (1) that includes (a) the President’s preliminary assessment of whether the evidence discloses a reasonable indication of circumvention; and (b) a summary of the facts the President relied on in making that preliminary assessment. Comments (2) Before making a decision under subsection 75.1 (1), the President shall allow interested parties sufficient time to provide written comments on the statement of essential facts. Publication of statement (3) The President shall give notice of the publication of the statement of essential facts to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any. R.S., 1985, c. S-15, s. 74; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89