Special Import Measures Act

Marginal note:Final determination or termination

• 41 (1) Within 90 days after making a preliminary determination under subsection 38(1), the President shall

  • (a) terminate the investigation in respect of any goods of a particular exporter if, on the available evidence, the President is satisfied that there has been no dumping or subsidizing of the goods or that the margin of dumping of, or amount of subsidy on, those goods is insignificant; and

  • (b) make a final determination of dumping or subsidizing in respect of the goods that are the subject of the investigation and for which the investigation has not been terminated under paragraph (a) if, on the available evidence, the President is satisfied that there has been dumping or subsidizing and the President shall specify, in relation to each exporter of goods in respect of which the investigation is made, as follows:

    • (i) in the case of dumped goods, the goods to which the determination applies and the margin of dumping of the goods, and

    • (ii) in the case of subsidized goods,

      • (A) the goods to which the determination applies,

      • (B) the amount of subsidy on the goods, and

      • (C) subject to subsection (2), if the whole or any part of the subsidy on the goods is a prohibited subsidy, the amount of the prohibited subsidy on the goods.

• Marginal note:Exception

  (2) The President shall not specify anything under clause (1)(b)(ii)(C) if the President is of the opinion that, having regard to the country that is providing the export subsidy, the nature of the goods and the circumstances under which the export subsidy is provided, provision of the export subsidy in relation to those goods is not inconsistent with that country’s obligations under the international agreement known as the General Agreement on Tariffs and Trade, 1994.

• Marginal note:Notice of final determination

  (3) Where the President makes a final determination of dumping or subsidizing in respect of goods, he shall cause notice that he has made the determination to be

  • (a) given and published as provided in paragraph 34(1)(a); and

  • (b) filed with the Tribunal in writing, stating the reasons therefor, together with such other material relating to the determination as may be required under the rules of the Tribunal.

• Marginal note:Notice of termination

  (4) Where the President causes an investigation respecting the dumping or subsidizing of any goods to be terminated pursuant to subsection (1) in respect of those goods, he shall cause notice of the termination to be

  • (a) given and published as provided in paragraph 34(1)(a); and

  • (b) given in writing to the Tribunal.