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Special Import Measures Regulations (SOR/84-927)

Regulations are current to 2020-09-09 and last amended on 2020-07-01. Previous Versions

PART IIIGeneral (continued)

Scope Ruling

 An application for a scope ruling referred to in subsection 63(1) of the Act is complete if it contains the following information:

  • (a) in all cases,

    • (i) the name and civic address and, if different, postal address of the interested person,

    • (ii) an indication as to which of subparagraph 52.3(2)(a)(i) or (ii) or of paragraph 52.3(2)(b), (c) or (d) describes the interested person,

    • (iii) an indication of any order of the Governor in Council, order or finding of the Tribunal and undertaking in respect of which an investigation has been suspended, for which the ruling is applied for,

    • (iv) an indication as to the claim in respect of whether the goods for which the ruling is applied for are of the same description as goods to which the applicable order, finding or undertaking referred to in subparagraph (iii) applies, along with arguments and documents in support of the claim,

    • (v) a description of the goods for which the ruling is applied for, notably a description of their physical characteristics, their composition, their uses, their packaging, including any other goods contained in the packaging, along with, if any, their technical specifications and their trade name,

    • (vi) each of the classification numbers under the Harmonized Commodity Description and Coding System attributed to the goods for which the ruling is applied for,

    • (vii) an indication as to whether those goods have been sold or consigned to an importer in Canada and whether those goods have been imported,

    • (viii) the name and civic address and, if different, postal address of each importer in Canada of those goods, if known,

    • (ix) the name and civic address and, if different, postal address of each producer and exporter of those goods, if known,

    • (x) the name and civic address and, if different, postal address of each domestic producer of like goods, and of any association of those domestic producers, if known, and

    • (xi) any other relevant information; and

  • (b) if the basis for the ruling that is applied for is a claim as to whether the goods for which the ruling is applied for originate in a country that is subject to the applicable order, finding or undertaking referred to in subparagraph (a)(iii) or originate in a third country,

    • (i) the name of the subject country and the third country,

    • (ii) a description, at the time of their export from the subject country, of goods from which the goods for which the ruling is applied for are produced,

    • (iii) the name and civic address and, if different, postal address, of each producer and exporter of the goods for which their description is required by subparagraph (ii), if known,

    • (iv) a description of the movement of the goods for which their description is required by subparagraph (a)(v) from the third country to Canada and by subparagraph (ii) from the subject country to the third country, including a specification of any intermediate country that they entered and left or through which they were transhipped en route,

    • (v) a description of production activities, undertaken in the subject country, the third country and any intermediate country, in relation to goods for which their description is required by subparagraph (a)(v) and subparagraph (ii), and

    • (vi) any other relevant information.

  • SOR/2018-88, s. 12

 For the purpose of subsection 63(4) of the Act, the President shall reject an application for a scope ruling if the application is incomplete or there is a scope ruling that applies to the goods for which the ruling is applied for.

  • SOR/2018-88, s. 12

 For the purpose of subsection 63(5) of the Act, the President may reject an application for a scope ruling if any of the following circumstances apply:

  • (a) the goods for which the ruling is applied for have not been produced as of the day on which the application is received;

  • (b) the basis for which the ruling is applied for is the subject of a proceeding before the President, the Tribunal, the Federal Court of Appeal, the Supreme Court of Canada or a panel under Part I.1 or II of the Act;

  • (c) following a decision setting out a finding of circumvention, the Tribunal makes an amending order referred to in section 75.3 of the Act that applies to the goods for which the ruling is applied for;

  • (d) a decision by the Tribunal, the Federal Court of Appeal, the Supreme Court of Canada, or a panel under Part I.1 or II of the Act, applies to the ruling that is applied for; and

  • (e) in the opinion of the President, the application is frivolous, vexatious or made in bad faith.

  • SOR/2018-88, s. 12

 For the purpose of subsection 66(2) of the Act, the President may extend the period for making a scope ruling to 210 days if any of the following circumstances apply:

  • (a) the issues presented by the scope proceeding are complex or novel;

  • (b) it is difficult to obtain satisfactory evidence or to assess the accuracy of evidence; and

  • (c) it is difficult to consider the information and evidence in light of the variety of goods in respect of which the scope proceeding has been initiated, the number of persons involved in the proceeding or any unusual difficulties.

  • SOR/2018-88, s. 12

 For the purpose of subsection 66(3) of the Act, the President may terminate a scope proceeding if any of the following circumstances apply:

  • (a) the President is unable to obtain necessary evidence or assess the accuracy of evidence;

  • (b) in the opinion of the President, there are no grounds for making the scope ruling;

  • (c) there is a scope ruling that applies to the goods in respect of which the scope proceeding has been initiated; and

  • (d) a circumstance referred to in any of paragraphs 54.3(b) to (d) arises after the initiation of the proceeding.

  • SOR/2018-88, s. 12

 For the purpose of subsection 66(6) of the Act, the President may take the following factors into account in making a scope ruling:

  • (a) in all cases,

    • (i) the physical characteristics of the goods in respect of which the scope proceeding has been initiated, including their composition,

    • (ii) their technical specifications,

    • (iii) their uses,

    • (iv) their packaging, including any other goods contained in the packaging, along with the promotional material and documentation concerning the goods in respect of which the scope proceeding has been initiated, and

    • (v) their channels of distribution;

  • (b) for a ruling as to whether goods in respect of which the scope proceeding has been initiated are of the same description as goods to which an order of the Governor in Council or an order or finding of the Tribunal applies,

    • (i) the description of the goods referred to in that order or that order or finding,

    • (ii) in the case of an order or finding of the Tribunal, the reasons for the order or finding, and

    • (iii) any relevant decision by the Tribunal, the Federal Court of Appeal, the Supreme Court of Canada, or a panel under Part I.1 or II of the Act;

  • (c) for a ruling as to whether goods in respect of which the scope proceeding has been initiated are of the same description as goods to which an undertaking applies,

    • (i) the description of the goods referred to in the preliminary determination of dumping or subsidizing and in the undertaking, and

    • (ii) the reasons for the preliminary determination; and

  • (d) if the basis for a ruling referred to in paragraph (b) or (c) is whether goods in respect of which the scope proceeding has been initiated originate in a country that is subject to the applicable order, finding or undertaking or originate in a third country,

    • (i) the production activities undertaken in the third country in respect of the goods and undertaken in the subject country in respect of goods from which the goods are produced,

    • (ii) the nature of the goods when they were exported from the third country and of goods from which the goods are produced when they were exported from the subject country, and

    • (iii) the costs of production of the goods incurred in the third country.

  • SOR/2018-88, s. 12
 
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