Special Import Measures Act

Marginal note:Where Commissioner decides not to initiate investigation

• 33 (1) Where, after receipt of a properly documented complaint respecting the dumping or subsidizing of goods, the Commissioner decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated, the Commissioner shall cause a written notice of the decision, setting out the reasons therefor, to be sent to the complainant and to the government of the country of export.

• Marginal note:Reference to Tribunal

  (2) Where, after receipt of a properly documented complaint respecting the dumping or subsidizing of goods, the Commissioner decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated by reason only that in the opinion of the Commissioner the evidence does not disclose a reasonable indication that the dumping or subsidizing of the goods in respect of which the Commissioner has so decided has caused injury or retardation or is threatening to cause injury,

  • (a) the Commissioner may, on the date of the notice referred to in subsection (1), or

  • (b) the complainant may, within thirty days after the date of the notice referred to in subsection (1),

  refer to the Tribunal the question whether the evidence discloses a reasonable indication that the dumping or subsidizing of the goods in respect of which the Commissioner has so decided has caused injury or retardation or is threatening to cause injury.