Special Import Measures Act

Marginal note:Termination of investigation or inquiry

• 35 (1) The Commissioner shall act under subsection (2) and the Tribunal shall act under subsection (3) if, at any time before the Commissioner makes a preliminary determination under subsection 38(1) in respect of goods of a country or countries,

  • (a) the Commissioner is satisfied in respect of some or all of those goods that

    • (i) there is insufficient evidence of dumping or subsidizing to justify proceeding with the investigation,

    • (ii) the margin of dumping of, or the amount of subsidy on, the goods of that country or of any of those countries is insignificant, or

    • (iii) the actual and potential volume of dumped or subsidized goods is negligible; or

  • (b) the Tribunal comes to the conclusion in respect of some or all of those goods that the evidence does not disclose a reasonable indication that the dumping or subsidizing of the goods has caused injury or retardation or is threatening to cause injury.

• Marginal note:Duty of Commissioner

  (2) The Commissioner shall

  • (a) cause the investigation to be terminated with respect to the goods in respect of which the Commissioner is so satisfied or the Tribunal has come to that conclusion; and

  • (b) cause notice of the termination to be

    • (i) given to the Secretary, the exporter, the importer, the government of the country of export, the complainant, if any, and any prescribed persons, and

    • (ii) published in the Canada Gazette.

• Marginal note:Duty of Tribunal

  (3) The Tribunal shall

  • (a) cause the preliminary inquiry to be terminated with respect to the goods in respect of which the Commissioner is so satisfied or the Tribunal has come to that conclusion; and

  • (b) cause notice of the termination to be

    • (i) given to the Commissioner, the exporter, the importer, the government of the country of export, the complainant, if any, and any prescribed persons, and

    • (ii) published in the Canada Gazette.