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

Marginal note:Time extended

• 39. (1) If, in any investigation respecting the dumping or subsidizing of goods, the President, before the expiration of the ninety days referred to in subsection 38(1), causes written notice to be given to the persons and the government referred to in paragraph 34(1)(a) that by reason of

  • (a) the complexity or novelty of the issues presented by the investigation,

  • (b) the variety of goods or number of persons involved in the investigation,

  • (c) the difficulty of obtaining satisfactory evidence in the investigation, or

  • (d) any other circumstance specified in the notice that, in the opinion of the President, makes it unusually difficult for him to decide within those ninety days whether to terminate the investigation with respect to some or all of the goods, proceed in accordance with subsection 38(1) or accept an undertaking or undertakings,

  the decision referred to in paragraph (d) will not be made within those ninety days, the period of ninety days referred to in section 38 is thereupon extended to one hundred and thirty-five days.

• Marginal note:Notice of time extension

  (2) Where the President causes notice to be given pursuant to subsection (1), he shall cause a notice to the same effect to be published in the Canada Gazette forthwith.

40. [Repealed, 1999, c. 12, s. 24]

Marginal note:Final determination or termination

• 41. (1) Within ninety days after making a preliminary determination under subsection 38(1) in respect of goods of a country or countries, the President shall

  • (a) if, on the available evidence, the President is satisfied, in relation to the goods of that country or countries in respect of which the investigation is made, that

    • (i) the goods have been dumped or subsidized, and

    • (ii) the margin of dumping of, or the amount of subsidy on, the goods of that country or of any of those countries is not insignificant,

    make a final determination of dumping or subsidizing with respect to the goods after specifying, in relation to each exporter of goods of that country or countries in respect of which the investigation is made as follows:

    • (iii) in the case of dumped goods, specifying the goods to which the determination applies and the margin of dumping of the goods, and

    • (iv) in the case of subsidized goods,

      • (A) specifying the goods to which the determination applies,

      • (B) specifying the amount of subsidy on the goods, and

      • (C) subject to subsection (2), where the whole or any part of the subsidy on the goods is a prohibited subsidy, specifying the amount of the prohibited subsidy on the goods; or

  • (b) where, on the available evidence, there is no exporter described in paragraph (a) with respect to whom the President is satisfied in accordance with that paragraph, cause the investigation to be terminated with respect to the goods.

• Marginal note:Exception

  (2) The President shall not specify anything under clause (1)(a)(iv)(C) if the President is of the opinion that, having regard to the country that is providing the export subsidy, the nature of the goods and the circumstances under which the export subsidy is provided, provision of the export subsidy in relation to those goods is not inconsistent with that country’s obligations under the international agreement known as the General Agreement on Tariffs and Trade, 1994.

• Marginal note:Notice of final determination

  (3) Where the President makes a final determination of dumping or subsidizing in respect of goods, he shall cause notice that he has made the determination to be

  • (a) given and published as provided in paragraph 34(1)(a); and

  • (b) filed with the Secretary in writing, stating the reasons therefor, together with such other material relating to the determination as may be required under the rules of the Tribunal.

• Marginal note:Notice of termination

  (4) Where the President causes an investigation respecting the dumping or subsidizing of any goods to be terminated pursuant to subsection (1) in respect of those goods, he shall cause notice of the termination to be

  • (a) given and published as provided in paragraph 34(1)(a); and

  • (b) given in writing to the Secretary.