Special Import Measures Act (R.S.C., 1985, c. S-15)

Marginal note:Permissive re-determination

• 59 (1) Subject to subsection (3), the President may re-determine any determination or re-determination referred to in section 55, 56 or 57 or made under this section in respect of any imported goods

  • (a) in accordance with a request made pursuant to subsection 58(1.1) or (2);

  • (b) at any time, if the importer or exporter has made any misrepresentation or committed a fraud in accounting for the goods under subsection 32(1), (3) or (5) of the Customs Act or in obtaining release of the goods;

  • (c) at any time, if subsection 2(6) or section 26 or 28 applies or at any time becomes applicable in respect of the goods;

  • (d) at any time, for the purpose of giving effect to a decision of the Tribunal, the Federal Court of Appeal or the Supreme Court of Canada with respect to the goods; and

  • (e) in any case where the President deems it advisable, within two years after the determination referred to in section 55 or subsection 56(1), as the case may be, if the President has not previously made a re-determination with respect to the goods pursuant to any of paragraphs (a) to (d) or subsection (2) or (3).

• Marginal note:Re-determination of re-determination

  (1.1) The President may re-determine any re-determination

  • (a) at any time after a re-determination was made under any of paragraphs (1)(a) to (c) and (e) but before an appeal under section 61 is heard, on the recommendation of the Attorney General of Canada, if the re-determination would reduce duties payable on the goods; and

  • (b) at any time if the re-determination would be consistent with a decision of the Tribunal, the Federal Court of Appeal or the Supreme Court of Canada, or with a re-determination under paragraph (a), made in respect of other like goods of the same importer or owner imported on or before the date of importation of the goods in respect of which the re-determination is being made.

• Marginal note:Permissive re-determination

  (2) The President may re-determine any determination or re-determination referred to in section 55, 56 or 57 or made under this section in respect of any imported goods at any time for the purpose of giving effect to a decision of a panel under Part I.1 or II with respect to the goods.

• Marginal note:Mandatory re-determination

  (3) On a request made under subsection 58(1.1) or (2) to re-determine a determination under section 55 or a re-determination under section 57, the President shall

  • (a) in the case of a determination under section 55 or a re-determination under paragraph 57(b), re-determine the determination or re-determination within one year after the request under subsection 58(1.1) or (2) was made; and

  • (b) in the case of a re-determination under paragraph 57(a), re-determine the re-determination within one year after the request under subsection 56(1.01) or (1.1) was made.

• Marginal note:Notice of re-determination

  (3.1) The President shall cause notice of each re-determination under this section to be forwarded, by registered mail, to the importer and, where the imported goods are goods of a CUSMA country, to the government of that CUSMA country, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under Part I.1, to the Canadian Secretary.

• Marginal note:Presumption

  (3.2) A notice sent to the government of a CUSMA country pursuant to subsection (3.1) shall be deemed, for the purposes of this Act, to have been received by that government 10 days after the day on which it was mailed.

• Marginal note:Suspension of ss. (4) and (5)

  (3.3) The operation of subsections (4) and (5) is suspended during the period in which subsections (3.1) and (3.2) are in force.

• Marginal note:Notice of re-determination

  (4) The President shall cause notice of each re-determination under this section to be forwarded, by registered mail, to the importer and, where the imported goods are goods of the United States, to the United States government, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under Part II, to the Canadian Secretary.

• Marginal note:Presumption

  (5) A notice sent to the United States government pursuant to subsection (4) shall be deemed, for the purposes of this Act, to have been received by that government ten days after the day on which it was mailed.

Marginal note:Effect of re-determination

• 60 (1) Where, in accordance with section 57 or 59, a re-determination as to whether any goods are goods described in paragraph 56(1)(a) or a re-determination of the normal value or export price of or the amount of subsidy or export subsidy on the goods has been made,

  • (a) the importer shall pay any additional duty payable with respect to the goods, or

  • (b) the whole or a part of any duty, or duty and interest paid (other than interest that was paid because duties were not paid when required by subsection 32(5) or section 33 of the Customs Act), in excess of the duties owing in respect of the goods shall be returned to the importer forthwith,

  if on the re-determination it is determined that the additional duty is payable or that the whole or the part of the duty paid was not payable, as the case may be.

• Marginal note:Decision of President

  (2) Notwithstanding subsection 25(2), any duties imposed, by virtue of this Act, on goods sold to an importer in Canada shall be included in the costs referred to in subparagraph 25(1)(c)(i) or (d)(v), as the case may be, where, in any re-determination referred to in subsection (1), the President is of the opinion that

  • (a) the goods were resold by the person referred to in paragraph 25(1)(c) who purchased the goods from the importer or by a subsequent purchaser at a price that is lower than the total of

    • (i) the price at which the seller acquired the goods, and

    • (ii) the administrative, selling and all other costs directly or indirectly attributable to the sale of the goods; and

  • (b) the export price, determined under section 24, of the goods is unreliable for a reason set out in subparagraph 25(1)(b)(ii).

Marginal note:Notice to be given

• 60.1 (1) If a determination or a re-determination has been made under section 55, subsection 56(1) or section 57 or 59, notice of the determination or re-determination shall be given without delay to the importer in Canada.

• Marginal note:Notice — section 59 re-determination

  (2) The President shall publish a notice of any re-determination made under paragraph 59(1)(a) or (e) in respect of whether goods are of the same description as goods described in the order or finding, in the prescribed manner.

Appeal to Canadian International Trade Tribunal

Marginal note:Appeal to Tribunal

• 61 (1) Subject to section 77.012 or 77.12, a person who deems himself aggrieved by a re-determination of the President made pursuant to section 59 with respect to any goods may appeal therefrom to the Tribunal by filing a notice of appeal in writing with the President and the Tribunal within ninety days after the day on which the re-determination was made.

• Marginal note:Appeal — scope ruling

  (1.1) Interested persons may appeal a scope ruling made under section 66 or, an amendment to such a ruling resulting from a review under subsection 67(2) or, subject to section 77.012 or 77.12 and only in respect of whether goods are of the same description as goods described in the order or finding, a re-determination made under paragraph 59(1)(a) or (e), to the Tribunal by filing a notice of appeal in writing with the President and the Tribunal within 90 days after the day on which the decision was made.

• Marginal note:Publication of notice of appeal

  (2) Notice of the hearing of an appeal under subsection (1) or (1.1) must be published in the Canada Gazette at least 21 days before the day of the hearing, and any person who enters an appearance with the Tribunal at least seven days before the day of the hearing may be heard on the appeal.

• Marginal note:Order or finding of the Tribunal

  (3) On any appeal under subsection (1) or (1.1), the Tribunal may make such order or finding as the nature of the matter may require and, without limiting the generality of the foregoing, may declare what duty is payable or that no duty is payable on the goods with respect to which the appeal was taken, and an order, finding or declaration of the Tribunal is final and conclusive subject to further appeal as provided in section 62.

Appeal to Federal Court

Marginal note:Appeal to Federal Court on question of law

• 62 (1) Any of the parties to an appeal under section 61, namely,

  • (a) the person who appealed,

  • (b) the President, or

  • (c) any person who entered an appearance in accordance with subsection 61(2),

  may, within ninety days after the making of an order or finding under subsection 61(3), appeal therefrom to the Federal Court of Appeal on any question of law.

• Marginal note:Disposition of appeal

  (2) The Federal Court of Appeal may dispose of an appeal by making such order or finding as the nature of the matter may require and, without limiting the generality of the foregoing, may

  • (a) declare what duty is payable or that no duty is payable on the goods with respect to which the appeal to the Tribunal was taken; or

  • (b) refer the matter back to the Tribunal for re-hearing.

62.1 [Repealed, 2001, c. 25, s. 98]

Scope Ruling

Marginal note:Application

• 63 (1) Any interested person may submit an application to the President for a scope ruling with respect to any goods.

• Marginal note:Application review period

  (2) The President shall, within 30 days after the day on which he or she receives the application, determine if it should be rejected or if a scope proceeding should be initiated.

• Marginal note:Extension of review period

  (3) The President may extend the period set out in subsection (2) to 45 days.

• Marginal note:Prescribed criteria

  (4) The President shall reject the application if any criteria prescribing the rejection of an application apply.

• Marginal note:Prescribed circumstances

  (5) The President may reject an application in the prescribed circumstances.

• Marginal note:Notice

  (6) The President shall provide written notice to the applicant if their application is rejected under subsection (4) or (5) and give reasons for the rejection.

• Marginal note:Incomplete application

  (7) If an application is incomplete, the notice referred to in subsection (6) must identify the deficiencies in the application.

• Marginal note:Initiation of scope proceeding

  (8) If the President does not reject the application under subsection (4) or (5), the President shall initiate a scope proceeding with respect to the goods that are the subject of the application.

Marginal note:President’s initiative

64 The President may initiate a scope proceeding with respect to any goods at any time, on the President’s own initiative.