CHARGE ON REFUNDS OF DUTY DEPOSITS
18. (1) The following definitions apply in this section.
« importation non tarifée »
“covered entry” means an entry that, on October 12, 2006, has not been liquidated and in respect of which a duty deposit has been made.
« dépôt douanier »
“duty deposit” means an amount deposited under a United States duty order.
“duty deposit refund”
« remboursement »
“duty deposit refund” of a specified person means the refund of a duty deposit and all interest on that deposit accrued under United States law up to the earlier of
(a) the day on which the refund is issued to the specified person or a designate of the specified person, and
(b) the day on which the specified person sells the rights to the refund to Her Majesty in right of Canada.
« révocation »
“revocation” means a revocation of a United States duty order including any direction to end any suspension of liquidation of a covered entry or to refund any duty deposit.
« intéressé »
“specified person” means a person that filed the documents and information required under the applicable United States law in respect of the importation of any softwood lumber product into the United States during the period beginning on May 22, 2002 and ending on October 11, 2006.
« taux applicable »
“specified rate” means the rate determined by the formula
- is US$1,000,000,000; and
- is the total, expressed in United States dollars, of all duty deposits and all interest accrued on them under United States law as of October 12, 2006.
“United States duty order”
« décret douanier américain »
“United States duty order” means
(a) the Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Softwood Lumber Products from Canada, 67 Fed. Reg. 36,068 (May 22, 2002), as amended; or
(b) the Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order: Certain Softwood Lumber Products from Canada, 67 Fed. Reg. 36,070 (May 22, 2002), as amended.
(2) The specified rate shall be expressed as a decimal fraction rounded off to four digits after the decimal point, but if the fifth digit is five or greater, the fourth digit is increased by one.
Marginal note:Imposition of charge on duty deposit refund
(3) Every specified person in respect of whom a covered entry is to be liquidated as a result of a revocation shall pay to Her Majesty in Right of Canada a charge at the specified rate on the amount of any duty deposit refund that relates to the covered entry.
Marginal note:Liability for charge
(4) The charge under subsection (3) is payable by the specified person even if the refund is issued to a designate of the specified person.
Marginal note:When charge payable
(5) The charge under subsection (3) becomes payable by the specified person on the later of
(a) the day on which this Act is assented to, and
(b) the day that is the earlier of
(i) the day on which the duty deposit refund is issued to the specified person or a designate of the specified person, and
(ii) the day on which the specified person sells the rights to the duty deposit refund to Her Majesty in right of Canada.
Marginal note:Joint and several or solidary liability
(6) If, at any time after September 18, 2006, a specified person sells or otherwise disposes of the rights to a duty deposit refund to a person other than Her Majesty in right of Canada, the specified person and the other person are jointly and severally, or solidarily, liable to pay the charge under subsection (3) and any penalties and interest payable under this Act in relation to that charge.
- Date modified: