Special Import Measures Act
91 (1) Where
(a) a request is made to the Tribunal pursuant to subsection 89(1) for a ruling on the question referred to therein,
(b) a statement pursuant to paragraph 89(2)(b) is made in the request, and
(c) the Tribunal’s ruling on the question is that the importer in Canada of the goods is a person other than the person specified as such by the Commissioner pursuant to paragraph 89(2)(a),
the following rules apply:
(d) as soon as possible after the Tribunal gives its ruling on the question, the Commissioner shall
(i) reconsider any final determination of dumping or subsidizing made pursuant to subsection 41(1) with respect to the goods specified in the preliminary determination and shall confirm the final determination, rescind it or make amendments to it, as is appropriate in the circumstances, and
(ii) cause notice of the action taken by the Commissioner pursuant to subparagraph (i) to be given to prescribed persons and governments, published in the Canada Gazette and filed with the Secretary in writing;
(e) where the Commissioner rescinds a final determination pursuant to paragraph (d), section 41 shall again apply in respect of the goods to which the final determination applied as if that section had not previously applied in respect of those goods, except that the action that the Commissioner is required by that section to take shall, notwithstanding anything therein, be taken by the Commissioner within sixty days after the Tribunal gives its ruling on the question;
(f) where the Commissioner has caused the investigation referred to in paragraph 89(2)(b) to be terminated pursuant to subsection 41(1) with respect to the goods specified in the preliminary determination, the Tribunal shall be deemed to have directed the Commissioner, by notice in writing pursuant to section 46, to cause an investigation to be initiated respecting the dumping or subsidizing of those goods and the Commissioner shall, pursuant to subsection 31(2), forthwith cause such an investigation to be commenced; and
(g) the Tribunal may, on its own initiative or at the request of the Commissioner or any person interested but subject to subsection (2), reconsider, under the authority of this paragraph, any order or finding made by it in the inquiry referred to in paragraph 90(c) and, in so reconsidering, may re-hear any matter before deciding it.
Marginal note:Limitation on reconsideration of order or finding
(2) The Tribunal shall not commence reconsideration of an order or finding under the authority of paragraph (1)(g)
(a) later than ninety days after the making of the ruling on the question referred to in paragraph (1)(a); or
(b) at the request of any person unless that person satisfies the Tribunal that reconsideration of the order or finding is warranted.
Marginal note:Completion of reconsideration
(3) Where the Tribunal reconsiders an order or finding under the authority of paragraph (1)(g),
(a) the Tribunal shall complete the reconsideration forthwith and, in any event, not later than ninety days after the day on which it decides to commence it and, on completion thereof, shall confirm the order or finding or rescind it and make such other order or finding with respect to the goods to which the order or finding under reconsideration applies as the nature of the matter may require, and, where it makes another order or finding, shall declare to what goods, including, where applicable, from what supplier and from what country of export, the order or finding applies;
(b) the Secretary shall forward by registered mail to the Commissioner, the importer, the exporter and such other persons and governments as may be specified by the rules of the Tribunal
(i) forthwith after the reconsideration is completed, notice of the action taken pursuant to paragraph (a) with respect to the order or finding and, where another order or finding has been made pursuant to that paragraph, a copy of that other order or finding, and
(ii) not later than fifteen days after the completion of the reconsideration, a copy of the reasons for the action taken thereon; and
(c) where the Tribunal makes another order or finding pursuant to paragraph (a), the Secretary shall cause notice of the order or finding to be published in the Canada Gazette.
Marginal note:Separate order or finding
(4) Where a reconsideration under the authority of paragraph (1)(g) involves goods of the United States as well as goods of other countries and the Tribunal makes another order or finding under paragraph (3)(a), the Tribunal shall make a separate order or finding under that paragraph with respect to the goods of the United States.
- R.S., 1985, c. S-15, s. 91
- 1988, c. 65, s. 43
- 1999, c. 17, s. 183
- Date modified: