Special Import Measures Act (R.S.C., 1985, c. S-15)

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note:Extension

  (2) The President may, in the prescribed circumstances, extend the period set out in subsection (1) to 210 days.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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).

• Marginal note: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.

• Marginal note: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).

Marginal note: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.

• Marginal note:Review — prescribed circumstances

  (2) The President may review a scope ruling made under subsection 66(1) under prescribed circumstances.

• Marginal note:Confirmation, amendment or revocation

  (3) The President shall confirm, amend or revoke a scope ruling reviewed under subsection (1) or (2).

• Marginal note: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).

Marginal note: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.

Marginal note: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.

Marginal note:Application — section 55

• 70 (1) A scope ruling may be applied by the President to any determination made under section 55 in respect of any goods which are accounted for under subsection 32(1), (3) or (5) of the Customs Act, no more than two years before the effective date of the scope ruling if, no later than 90 days after that effective date,

  • (a) the importer of the goods

    • (i) makes a written request in the prescribed form and manner and accompanied by the prescribed information, and

    • (ii) has paid all duties owing on the goods; or

  • (b) when the goods are 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 makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

• Marginal note:Application — section 56

  (2) A scope ruling may be applied by a designated officer to any determination made under section 56 no more than two years before the ruling’s effective date if the determination has not previously been re-determined under section 57 or 59 and, no later than 90 days after that date,

  • (a) the importer of the goods

    • (i) makes a written request in the prescribed form and manner and accompanied by the prescribed information, and

    • (ii) has paid all duties owing on the goods; or

  • (b) when the goods are 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 makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

• Marginal note:Application — section 57 or 59

  (3) A scope ruling may be applied by the President to any re-determination made under section 57 or paragraph 59(1)(a) or (e) in respect of any goods that are the subject of a determination made under subsection 56(1) or (2) no more than two years before the ruling’s effective date if, no later than 90 days after that date,

  • (a) the importer of the goods

    • (i) makes a written request in the prescribed form and manner and accompanied by the prescribed information, and

    • (ii) has paid all duties owing on the goods; or

  • (b) when the goods are 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 makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

• Marginal note:Scope ruling — designated officer

  (4) A scope ruling may be applied by a designated officer to any determination made under section 56 no more than two years before the ruling’s effective date if the designated officer deems it advisable within two years after the determination.

• Marginal note:Scope ruling — President

  (5) A scope ruling may be applied by the President to any determination made under section 55 or any re-determination made under section 56 or 57 or paragraph 59(1)(a) or (e) no more than two years before the ruling’s effective date if the President deems it advisable within two years after the day on which the determination or re-determination is made, as the case may be.

• Marginal note:Requests under subsection (1) or (3)

  (6) In the case of a request made under subsection (1) or (3), the President shall make a decision within one year after the day on which the request was made.

• Marginal note:Date of decision

  (7) Except for the purposes of making a request under subsection 58(1.1) or section 77.011 or filing a notice of appeal under subsection 61(1), a decision made under subsection (4) or (5) within 90 days after the scope ruling’s effective date is deemed to be made on that day.

• Marginal note:Deemed decision — subsection (1), (3) or (5)

  (8) A decision made under subsection (1), (3) or (5) is deemed to be a re-determination made by the President under subsection 59(1).

• Marginal note: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.

Anti-circumvention Investigations

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note:Termination

• 75 (1) Despite section 74, the President may terminate an investigation at any time before the publication of the statement of essential facts, if the President is satisfied that the goods in respect of which an investigation was initiated under subsection 72(1) are of the same description as goods to which an order or finding of the Tribunal or an order of the Governor in Council applies.

• Marginal note:Factors

  (2) In making a decision under subsection (1), the President shall take into account the factors referred to in subsection 66(6).

• Marginal note:Notice of termination

  (3) If an investigation is terminated under subsection (1), the President shall

  • (a) give notice of the termination to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any;

  • (b) publish notice of the termination in the Canada Gazette; and

  • (c) on the same day that the notice is given, publish the reasons for terminating the investigation in the prescribed manner, including the reasons for determining that the goods in question are of the same description as goods to which an order or finding of the Tribunal or an order of the Governor in Council applies.

• Marginal note:Scope ruling

  (4) A decision made under subsection (1) is deemed to be a scope ruling made under subsection 66(1).