Special Import Measures Act

Marginal note:Initiation of inquiry if imposition of duty not in public interest

• 45 (1) If, as a result of an inquiry referred to in section 42 arising out of the dumping or subsidizing of any goods, the Tribunal makes an order or finding described in any of sections 3 to 6 with respect to those goods, the Tribunal shall, on its own initiative or on the request of an interested person that is made within the prescribed period and in the prescribed manner, initiate a public interest inquiry if the Tribunal is of the opinion that there are reasonable grounds to consider that the imposition of an anti-dumping or countervailing duty, or the imposition of such a duty in the full amount provided for by any of those sections, in respect of the goods would not or might not be in the public interest.

• Marginal note:Publication of notice

  (2) The Tribunal shall publish in the Canada Gazette notice of a decision to initiate a public interest inquiry.

• Marginal note:Consideration of prescribed factors

  (3) In a public interest inquiry, the Tribunal shall take into account any factors, including prescribed factors, that it considers relevant.

• Marginal note:Report

  (4) If, as a result of a public interest inquiry, the Tribunal is of the opinion that the imposition of an anti-dumping or countervailing duty, or the imposition of such a duty in the full amount provided for by any of sections 3 to 6, in respect of the goods would not or might not be in the public interest, the Tribunal shall without delay

  • (a) report to the Minister of Finance that it is of that opinion and provide that Minister with a statement of the facts and reasons that caused it to be of that opinion; and

  • (b) cause notice of the report to be published in the Canada Gazette.

• Marginal note:Details in report

  (5) If the Tribunal is of the opinion that the imposition of an anti-dumping or countervailing duty in the full amount would not or might not be in the public interest, the Tribunal shall, in the report referred to in paragraph (4)(a), specify either

  • (a) a level of reduction in the anti-dumping or countervailing duty provided for in any of sections 3 to 6; or

  • (b) a price or prices that are adequate to eliminate injury, retardation or the threat of injury to the domestic industry.

• Marginal note:Persons interested may make representations

  (6) If a person interested in a public interest inquiry makes a request to the Tribunal within the prescribed period and in the prescribed manner for an opportunity to make representations to the Tribunal on the question whether the Tribunal should make a report under paragraph (4)(a) with respect to any goods in respect of which the inquiry is being made, the Tribunal shall give that person an opportunity to make representations to the Tribunal on that question orally or in writing, or both, as the Tribunal directs in the case of that inquiry.