Canada–Costa Rica Free Trade Agreement Implementation Act (S.C. 2001, c. 28)
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Assented to 2001-12-18
PART IIRELATED AND CONSEQUENTIAL AMENDMENTS
1997, c. 36Customs Tariff
40. Section 79 of the Act is replaced by the following:
Marginal note:Goods in transit
79. An order made under subsection 53(2) or 55(1), section 60 or subsection 63(1), 69(2), 70(2), 71.1(2), 72(1), 75(1), 76(1) or 76.1(1) may provide that goods that are in transit to Canada at the time the order comes into force are entitled to the tariff treatment that was applicable to those goods immediately before that time.
41. The definition “customs duties” in section 80 of the Act is replaced by the following:
“customs duties”
« droits de douane »
“customs duties”, other than for the purposes of sections 95 and 96, means customs duties imposed under Part 2, other than surtaxes imposed under section 53, 55, 60, 63, 68 or 78 or temporary duties imposed under any of sections 69 to 76.1.
42. Subsection 94(1) of the Act is replaced by the following:
Definition of “customs duties”
94. (1) In sections 95 and 96, “customs duties” means customs duties imposed under Part 2, other than additional customs duties levied under section 21, surtaxes imposed under section 53, 55, 60, 63, 68 or 78 or temporary duties imposed under any of sections 69 to 76.1.
43. Subparagraph 99(a)(iii) of the Act is replaced by the following:
(iii) the circumstances in which, and the classes of goods in respect of which, relief of duties levied under section 21 or under the Special Import Measures Act, a surtax imposed under section 53, 55, 60, 63, 68 or 78, a temporary duty imposed under any of sections 69 to 76.1, a tax levied under the Excise Tax Act or a duty imposed under the Excise Act may not be granted,
44. Paragraph 113(4)(a) of the Act is replaced by the following:
(a) the circumstances in which, and the classes of goods in respect of which, a refund or drawback of duties levied under section 21 or under the Special Import Measures Act, a surtax levied under section 53, 55, 60, 63, 68 or 78, a temporary duty levied under any of sections 69 to 76.1, a tax levied under the Excise Tax Act or a duty levied under the Excise Act may not be granted under subsection (1);
45. Paragraph 133(j) of the Act is replaced by the following:
(j) for the purpose of tariff item No. 9971.00.00 or 9992.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary for repair or alteration may be imported;
46. (1) The List of Tariff Provisions set out in the schedule to the Act is amended by
(a) adding in the column “Preferential Tariff / Initial Rate”, below the reference to “CIAT”, a reference to “CRT:”;
(b) adding in the column “Preferential Tariff / Final Rate”, below the reference to “CIAT”, a reference to “CRT:”;
(c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “CRT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “CRT”, for all tariff items except those set out in Schedules 1 to 3 to this Act;
(d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” a reference to “N/A” after the abbreviation “CRT” for the tariff items set out in Schedule 1 to this Act; and
(e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “CRT”, for each tariff item set out in Schedule 2 to this Act, the rates of duty and staging categories set out with respect to that tariff item No. in that Schedule.
(2) The Description of Goods of tariff item No. 9929.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “imported from the United States, Mexico or Chile” with a reference to “imported from the United States, Mexico, Chile or Costa Rica”.
(3) The Description of Goods of tariff item No. 9938.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “certified by the Government of Mexico, the United States or Chile or by any authority in Mexico, the United States or Chile recognized by the Minister of National Revenue” with a reference to “certified by the Government of Mexico, the United States, Chile or Costa Rica or by any authority in Mexico, the United States, Chile or Costa Rica recognized by the Minister of National Revenue”.
(4) The Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “exported to the United States, Mexico, Chile or Israel or another CIFTA beneficiary for repair or alteration” with a reference to “exported to the United States, Mexico, Chile, Costa Rica or Israel or another CIFTA beneficial for repair or alteration”.
(5) The Description of Goods of tariff item No. 9990.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by
(a) replacing the reference to “Commercial samples imported from the United States, Mexico or Chile” with a reference to “Commercial samples imported from the United States, Mexico, Chile or Costa Rica”; and
(b) replacing, in paragraph (i), the reference to “in Canadian, Chilean or Mexican currency” with a reference to “in Canadian, Chilean, Mexican or Costa Rican currency”.
(6) The Description of Goods of tariff item No. 9992.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “exported to the United States, Mexico, Chile, or Israel or another CIFTA beneficiary for repair or alteration” with a reference to “exported to the United States, Mexico, Chile, Costa Rica, or Israel or another CIFTA beneficiary for repair or alteration”.
(7) The List of Intermediate and Final Rates for Tariff Items of the “F” Staging Category set out in the schedule to the Act is amended by
(a) deleting tariff item No. 3921.90.12; and
(b) adding, in numerical order, the tariff items set out in Schedule 3 to this Act.
R.S., c. E-19Export and Import Permits Act
47. (1) Subsection 2(1) of the Export and Import Permits Act is amended by adding the following in alphabetical order:
“CCRFTA”
« ALÉCCR »
“CCRFTA” has the same meaning as “Agreement” in subsection 2(1) of the Canada–Costa Rica Free Trade Agreement Implementation Act;
“Costa Rica”
« Costa Rica »
“Costa Rica” has the same meaning as in subsection 2(1) of the Customs Tariff;
Marginal note:1997, c. 14, s. 70(3)
(2) Subsection 2(2) of the Act is replaced by the following:
Marginal note:Goods imported from a NAFTA country, Chile or Costa Rica
(2) For the purposes of this Act, goods are imported from a NAFTA country, from Chile or from Costa Rica if they are shipped directly to Canada from the NAFTA country, from Chile or from Costa Rica, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.
Marginal note:1997, c. 14, s. 73
48. Subsections 5.2(1) and (2) of the Act are replaced by the following:
Marginal note:Addition to Export Control List or Import Control List
5.2 (1) If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to the exportation or importation of any goods in respect of which a specified quantity is eligible each year for the rate of duty provided for in the Schedules to Annex 302.2 of NAFTA in accordance with Appendix 6 of Annex 300-B of NAFTA, for the rate of duty provided for in the Schedules to Annex C-02.2 of CCFTA in accordance with Appendix 5.1 of Annex C-00-B of CCFTA or for the rate of duty provided for in the Schedule to Annex III.3.1 of CCRFTA in accordance with Appendix III.1.6.1 of Annex III.1 of CCRFTA, as the case may be, the Governor in Council may, by order and without reference to that quantity, include those goods on the Export Control List or the Import Control List, or on both, in order to facilitate the collection of that information.
Marginal note:Addition to Import Control List
(2) If at any time it appears to the satisfaction of the Governor in Council that, for the purposes of implementing NAFTA, CCFTA or CCRFTA it is advisable to collect information with respect to the importation into Canada of any goods listed in Appendix 1.1 of Annex 300-B of NAFTA, in Appendix 1.1 of Annex C-00-B of CCFTA or in Appendix III.1.1.1 of Annex III.1 of CCRFTA as the case may be, the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information.
Marginal note:1997, c. 14, s. 74, c. 36, s. 210
49. Section 6.1 of the Act is replaced by the following:
Definition of “originating goods”
6.1 (1) In this section, “originating goods” means goods that are entitled under the Customs Tariff to the United States Tariff, the Mexico Tariff, the Mexico-United States Tariff, the Chile Tariff or the Costa Rica Tariff.
Marginal note:When Minister may take measures
(2) If at any time it appears to the satisfaction of the Minister that any goods that are referred to in paragraph (a) or (b) and are not originating goods are being imported from a NAFTA country, from Chile or from Costa Rica, as the case may be, in such increased quantities, measured in absolute terms or relative to the domestic market, and under such conditions as to cause serious damage or actual threat of serious damage to domestic producers of like or directly competitive goods, the Minister may take the measures set out
(a) in the case of goods listed in Appendix 1.1 of Annex 300-B of NAFTA that are imported from a NAFTA country, in section 5 of that Annex in relation to those goods;
(b) in the case of goods listed in Appendix 1.1 of Annex C-00-B of CCFTA that are imported from Chile, in section 4 of that Annex in relation to those goods; and
(c) in the case of goods listed in Appendix III.1.1.1 of Annex III.1 of CCRFTA that are imported from Costa Rica, in section 5 of that Annex in relation to those goods.
Marginal note:Factors to be considered
(3) In determining whether the conditions referred to in subsection (2) exist, the Minister shall have regard to paragraph 2 of section 4 of Annex 300-B of NAFTA, paragraph 2 of section 3 of Annex C-00-B of CCFTA or paragraph 2 of section 4 of Annex III.1 of CCRFTA, as the case may be.
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