Special Import Measures Act

Marginal note:Determination by designated officer

• 55 (1) Where the Commissioner

  • (a) has made a final determination of dumping or subsidizing under subsection 41(1) with respect to any goods, and

  • (b) has, where applicable, received from the Tribunal an order or finding described in any of sections 4 to 6 with respect to the goods to which the final determination applies,

  the Commissioner shall cause a designated officer to determine, not later than six months after the date of the order or finding,

  • (c) in respect of any goods referred to in subsection (2), whether the goods are in fact goods of the same description as goods described in the order or finding,

  • (d) the normal value and export price of or the amount of subsidy on the goods so released, and

  • (e) where section 6 or 10 applies in respect of the goods, the amount of the export subsidy on the goods.

• Marginal note:Application

  (2) Subsection (1) applies only in respect of

  • (a) goods released on or after the day on which a preliminary determination has been made, and on or before the day on which an undertaking has been accepted, in respect of the goods;

  • (b) goods described in paragraph 5(b) or 6(b);

  • (c) goods that are released on or after the day on which an undertaking with respect to those goods has been terminated pursuant to section 52 and on or before the day on which the Tribunal makes an order or finding pursuant to subsection 43(1) with respect to the goods; and

  • (d) goods described in paragraph 4(1)(b) or (2)(c).