Administrative Monetary Penalty System
Person provided information to an officer that is not true, accurate and complete. When a Special Import Measures Act (SIMA) code was not completed correctly for goods imported seven days or more after a preliminary determination was made and after the importer was notified in writing, and ending when the SIMA action is terminated by Canada Border Services Agency (CBSA) or the Canadian International Trade Tribunal (CITT).
|1st||$500 Footnote *|
|3rd and subsequent||$1,500|
- Penalty basis
- Per document
- Retention period
- 36 months
Non-compliance occurs when a person failed to meet the requirements for goods subject to the Special Import Measures Act (SIMA) by providing information to an officer that was not true, accurate and complete.
Anti-dumping and Countervailing Directorate will notify importers of preliminary and final determinations of dumping or subsidizing concerning specific imported goods. Importers will also be notified of SIMA enforcement activities while an injury finding by the Canadian International Trade Tribunal is in effect.
Applied against the importer.
Officer must be an authorized user of the SIMA Compliance Web site to be able to apply this penalty.
Seven days after the notification is issued the applicable SIMA code must be used on import transactions (i.e. B3).
In instances where an officer finds an importer in contravention for the first time, the officer must forward this information to Headquarters (HQ). HQ will issue the notification to the importer.
Refer to the Measures in Force in the Anti-dumping section of the CBSA Web site and the relevant D15 Memorandum to verify the goods are subject to the SIMA action.
Verify that the importer has been notified regarding the SIMA codes by referring to the case information on the SIMA Compliance Web site.
The obligation to code the B3 or B2 ends when the SIMA action is terminated by the CBSA or the CITT or the surtax expires, unless the importer has been given written notice that the coding of transactions is to continue.
The penalty will be applied per document, i.e. per B3 or B2.
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