Special Import Measures Act

Marginal note:Review

• 76.03 (1) The Tribunal shall initiate an expiry review with respect to an order or finding described in any of subsections 3(1) and (2) and sections 4 to 6 before the expiry of five years after whichever of the following days is applicable:

  • (a) if no order continuing the order or finding has been made under paragraph (12)(b), the day on which the order or finding was made; and

  • (b) if one or more orders continuing the order or finding have been made under paragraph (12)(b), the day on which the last order was made.

• Marginal note:Termination of review

  (2) The Tribunal may terminate an expiry review at any time if, in the Tribunal’s opinion, the review is not supported by domestic producers. Upon terminating a review, the Tribunal shall without delay cause notice of the termination to be given to the President and all other persons and governments specified in the rules of the Tribunal.

• (3) [Repealed, 2022, c. 10, s. 201]

• (4) [Repealed, 2022, c. 10, s. 201]

• (5) [Repealed, 2022, c. 10, s. 201]

• Marginal note:Notice

  (6) Upon initiating an expiry review, the Tribunal shall without delay

  • (a) cause notice of the review to be given to

    • (i) the President, and

    • (ii) all other persons and governments specified in the rules of the Tribunal; and

  • (b) [Repealed, 2022, c. 10, s. 201]

  • (c) cause to be published in the Canada Gazette notice of initiation of the review that includes the information set out in the rules of the Tribunal.

• Marginal note:President’s determination and notice

  (7) Unless the expiry review is terminated under subsection (2), the President shall

  • (a) within 150 days after the day on which the notice is received under subparagraph (6)(a)(i), determine whether the expiry of the order or finding in respect of goods of a country or countries is likely to result in the continuation or resumption of dumping or subsidizing of the goods; and

  • (b) provide the Tribunal with notice of the determination without delay after making it.

• Marginal note:Consequences of President’s determination

  (8) If the President determines that the expiry of the order or finding in respect of any goods is unlikely to result in a continuation or resumption of dumping or subsidizing, the Tribunal shall not take those goods into account in assessing the cumulative effect of dumping or subsidizing under subsection (11).

• Marginal note:Consequences of President’s determination

  (9) If the President determines that the expiry of the order or finding in respect of any goods is likely to result in a continuation or resumption of dumping or subsidizing, the President shall without delay provide the Tribunal with any information and material with respect to the matter that is required under the rules of the Tribunal.

• Marginal note:Tribunal’s determination

  (10) If the President makes a determination described in subsection (9), the Tribunal shall, within 160 days after the day on which that determination was received, determine whether the expiry of the order or finding in respect of the goods referred to in that subsection is likely to result in injury or retardation.

• Marginal note:Assessment of cumulative effect

  (11) For the purpose of subsection (10), the Tribunal shall make an assessment of the cumulative effect of the dumping or subsidizing of goods to which the determination of the President described in subsection (9) applies that are imported into Canada from more than one country if the Tribunal is satisfied that an assessment of the cumulative effect would be appropriate taking into account the conditions of competition between goods to which the order or finding applies that are imported into Canada from any of those countries and

  • (a) goods to which the order or finding applies that are imported into Canada from any other of those countries; or

  • (b) like goods of domestic producers.

• Marginal note:Order of Tribunal

  (12) The Tribunal shall make an order

  • (a) rescinding the order or finding in respect of goods

    • (i) referred to in subsection (8),

    • (ii) in respect of which it determines that the expiry of the order or finding is unlikely to result in injury or retardation, or

    • (iii) in respect of which it terminated an expiry review under subsection (2); or

  • (b) continuing the order or finding, with or without amendment, in respect of goods which it determines that the expiry of the order or finding is likely to result in injury or retardation.

• Marginal note:Review period

  (13) For the purposes of conducting a review of an order or finding under this section the following are not to be considered:

  • (a) an order made by the Tribunal under section 75.3 or subsection 75.4(8) or 75.6(7) amending the order or finding under review, if that order is made on or after the day on which the review is initiated under subsection (1) but before the day on which the order of the Tribunal is made under subsection (12); and

  • (b) a decision or determination made by the President under subsection 75.1(1), 75.4(6) or 75.6(5) in respect of the order or finding under review.

• Marginal note:Expiry of anti-circumvention order

  (14) An order made as a result of a decision by the President setting out a finding of circumvention or an interim review decision of the President relating to a finding of circumvention, other than an order rescinding the extension of duties or exempting an exporter from the extension of duties, expires on the day on which the Tribunal makes an order under subsection (12).