Special Import Measures Act

Marginal note:Application — section 55

• 70 (1) A scope ruling may be applied by the President to any determination made under section 55 in respect of any goods which are accounted for under subsection 32(1), (3) or (5) of the Customs Act, no more than two years before the effective date of the scope ruling if, no later than 90 days after that effective date,

  • (a) the importer of the goods

    • (i) makes a written request in the prescribed form and manner and accompanied by the prescribed information, and

    • (ii) has paid all duties owing on the goods; or

  • (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

• Marginal note:Application — section 56

  (2) A scope ruling may be applied by a designated officer to any determination made under section 56 no more than two years before the ruling’s effective date if the determination has not previously been re-determined under section 57 or 59 and, no later than 90 days after that date,

  • (a) the importer of the goods

    • (i) makes a written request in the prescribed form and manner and accompanied by the prescribed information, and

    • (ii) has paid all duties owing on the goods; or

  • (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

• Marginal note:Application — section 57 or 59

  (3) A scope ruling may be applied by the President to any re-determination made under section 57 or paragraph 59(1)(a) or (e) in respect of any goods that are the subject of a determination made under subsection 56(1) or (2) no more than two years before the ruling’s effective date if, no later than 90 days after that date,

  • (a) the importer of the goods

    • (i) makes a written request in the prescribed form and manner and accompanied by the prescribed information, and

    • (ii) has paid all duties owing on the goods; or

  • (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

• Marginal note:Scope ruling — designated officer

  (4) A scope ruling may be applied by a designated officer to any determination made under section 56 no more than two years before the ruling’s effective date if the designated officer deems it advisable within two years after the determination.

• Marginal note:Scope ruling — President

  (5) A scope ruling may be applied by the President to any determination made under section 55 or any re-determination made under section 56 or 57 or paragraph 59(1)(a) or (e) no more than two years before the ruling’s effective date if the President deems it advisable within two years after the day on which the determination or re-determination is made, as the case may be.

• Marginal note:Requests under subsection (1) or (3)

  (6) In the case of a request made under subsection (1) or (3), the President shall make a decision within one year after the day on which the request was made.

• Marginal note:Date of decision

  (7) Except for the purposes of making a request under subsection 58(1.1) or section 77.011 or filing a notice of appeal under subsection 61(1), a decision made under subsection (4) or (5) within 90 days after the scope ruling’s effective date is deemed to be made on that day.

• Marginal note:Deemed decision — subsection (1), (3) or (5)

  (8) A decision made under subsection (1), (3) or (5) is deemed to be a re-determination made by the President under subsection 59(1).

• Marginal note:Deemed decision — subsection (2) or (4)

  (9) A decision made under subsection (2) or (4) is deemed to be a re-determination made by a designated officer under section 57.