An Act to amend the Customs Act and to make related amendments to other Acts (S.C. 2001, c. 25)

89. Section 124 of the Act is replaced by the following:

90. Subsection 127(2) of the Act is replaced by the following:

R.S., c. S-15Special Import Measures Act

• 91. (1) The definition “release” in subsection 2(1) of the Special Import Measures Act is replaced by the following:

  “release”

  « dédouanement »

  “release” means

  • (a) in respect of goods, to authorize the removal of the goods from a customs office, sufferance warehouse, bonded warehouse or duty free shop for use in Canada, and

  • (b) in respect of goods to which paragraph 32(2)(b) of the Customs Act applies, to receive the goods at the place of business of the importer, owner or consignee;

• (2) Section 2 of the Act is amended by adding the following after subsection (9):

  • Marginal note:Application of Customs Act

    (10) The Customs Act applies, with any modifications that the circumstances require, in respect of

    • (a) the payment, collection or refund of any duty levied or returned under this Act;

    • (b) the payment, collection, refund or waiver of interest on duty payable or returned under this Act; and

    • (c) the time within which duties payable under this Act, or security posted under this Act, are deemed to be paid or posted.

Marginal note:1994, c. 47, s. 149(1), par. 185(2)(b)(E); 1999, c. 17, par. 183(1)(h)

• 92. (1) Subsection 8(1) of the Act is replaced by the following:

  Marginal note:Imposition of provisional duty

  • 8. (1) Where the Commissioner makes a preliminary determination of dumping or subsidizing in an investigation under this Act and considers that the imposition of provisional duty is necessary to prevent injury, retardation or threat of injury, the importer in Canada of dumped or subsidized goods that are of the same description as any goods to which the preliminary determination applies and that are released during the period commencing on the day the preliminary determination is made and ending on the earlier of

    • (a) the day on which the Commissioner causes the investigation to be terminated pursuant to subsection 41(1) with respect to goods of that description, and

    • (b) the day on which the Tribunal makes an order or finding with respect to goods of that description,

    shall, within the time prescribed under the Customs Act for the payment of duties, at the option of the importer,

    • (c) pay or cause to be paid on the imported goods provisional duty in an amount not greater than the estimated margin of dumping of, or the estimated amount of subsidy on, the imported goods, or

    • (d) post or cause to be posted security for provisional duty in the prescribed form and in an amount or to a value not greater than the estimated margin of dumping of, or the estimated amount of subsidy on, the imported goods.

• Marginal note:1988, c. 65, s. 26(1); 1994, c. 47, par. 185(2)(c)(E); 1999, c. 12, ss. 3(1), (2), c. 17, paras. 183(1)(h), 184(a)

  (2) Subsections 8(1.1) and (1.2) of the Act are replaced by the following:

  • Marginal note:Imposition of provisional duties on referral back to Tribunal

    (1.1) If an order or finding of the Tribunal under subsection 43(1), 76.02(4) respecting a review under subsection 76.02(1), or 91(3), other than 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 order or finding applies and that are released during the period beginning on the day on which the preliminary determination is made under subsection 38(1) and ending on the day on which the Tribunal makes an order or finding, on the referral back, with respect to goods of that description, shall, within the time prescribed under the Customs Act for the payment of duties, at the option of the importer,

    • (a) pay or cause to be paid on the imported goods provisional duty in an amount not greater than the estimated margin of dumping of, or the estimated amount of subsidy on, the imported goods; or

    • (b) post or cause to be posted security for provisional duty in the prescribed form and in an amount or to a value not greater than the estimated margin of dumping of, or the estimated amount of subsidy on, the imported goods.

  • Marginal note:Imposition of provisional duties on referral back from Federal Court of Appeal

    (1.2) If an order or finding of the Tribunal under subsection 43(1), 76.02(4) respecting a review under subsection 76.02(1), or 91(3), other than an order or finding described in any of sections 3 to 6, is referred back to the Tribunal by the Federal Court of Appeal, the importer of dumped or subsidized goods that are of the same description as any goods to which the order or finding applies and that are released during the period beginning on the day on which the preliminary determination is made under subsection 38(1) and ending on the day on which the Tribunal makes an order or finding, on the referral back, with respect to goods of that description, shall, within the time prescribed under the Customs Act for the payment of duties, at the option of the importer,

    • (a) pay or cause to be paid on the imported goods provisional duty in an amount not greater than the estimated margin of dumping of, or the estimated amount of subsidy on, the imported goods; or

    • (b) post or cause to be posted security for provisional duty in the prescribed form and in an amount or to a value not greater than the estimated margin of dumping of, or the estimated amount of subsidy on, the imported goods.

• Marginal note:R.S., c. 1 (2nd Supp.), s. 198(2)

  (3) Subsections 8(3) and (4) of the Act are repealed.

• Marginal note:1999, c. 17, par. 183(1)(i)

  (4) The portion of subsection 8(6) of the Act after paragraph (b) and before paragraph (c) is replaced by the following:

  shall, within the time prescribed under the Customs Act for the payment of duties, at the option of the importer,

• Marginal note:1999, c. 12, par. 52(b)(E), c. 17, par. 183(1)(i)

  (5) The portion of subsection 8(6) of the Act after paragraph (c) is replaced by the following:

  • (d) post or cause to be posted security for provisional duty in the prescribed form and in an amount or to a value not greater than the estimated margin of dumping of, or the estimated amount of subsidy on, the imported goods.

Marginal note:R.S., c. 1 (2nd Supp.), s. 199(2); 1994, c. 47, s. 150; 1999, c. 17, par. 183(1)(n)

93. Section 11 of the Act is replaced by the following:

Marginal note:R.S., c. 1 (2nd Supp.), s. 200; 1988, c. 65, s. 30

94. Section 13.1 of the Act is repealed.

Marginal note:1994, c. 47, s. 151; 1999, c. 17, par. 183(1)(q)

95. Subsection 13.2(4) of the Act is replaced by the following:

Marginal note:1994, c. 47, s. 177

96. Paragraph 60(1)(b) of the Act is replaced by the following:

97. The Act is amended by adding the following after section 60: