Keeping Canada’s Economy and Jobs Growing Act (S.C. 2011, c. 24)
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Assented to 2011-12-15
PART 3CUSTOMS TARIFF SIMPLIFICATION
1997, c. 36Customs Tariff
118. Subsection 34(1) of the Act is replaced by the following:
Marginal note:Extension and withdrawal of entitlement
34. (1) The Governor in Council may, on the recommendation of the Minister, by order, amend the schedule to
(a) extend entitlement to the General Preferential Tariff to any goods that originate in a country that is a beneficiary of the Most-Favoured-Nation Tariff if, in the opinion of the Governor in Council, that country is a developing country;
(b) withdraw entitlement to the General Preferential Tariff from any goods that originate in a country that is a beneficiary of that Tariff; and
(c) reduce a rate of customs duty set out following the abbreviation “GPT” in the column entitled “Preferential Tariff” in the List of Tariff Provisions and the “F” Staging List.
119. Subsection 38(1) of the Act is replaced by the following:
Marginal note:Extension or withdrawal of entitlement
38. (1) The Governor in Council may, on the recommendation of the Minister, by order, amend the schedule to
(a) extend entitlement to the Least Developed Country Tariff to any goods that originate in a country that is a beneficiary of the General Preferential Tariff, if, in the opinion of the Governor in Council, that country is a least developed country;
(b) withdraw entitlement to the Least Developed Country Tariff from any goods that originate in a country that is a beneficiary of that Tariff; and
(c) reduce a rate of customs duty set out following the abbreviation “LDCT” in the column entitled “Preferential Tariff” in the List of Tariff Provisions and the “F” Staging List.
120. Subsection 42(1) of the Act is replaced by the following:
Marginal note:Extension or withdrawal of entitlement
42. (1) The Governor in Council may, on the recommendation of the Minister, by order, amend the schedule to
(a) extend entitlement to the Commonwealth Caribbean Countries Tariff to any goods that originate in a country that is a beneficiary of that Tariff;
(b) withdraw entitlement to the Commonwealth Caribbean Countries Tariff from any goods that originate in a country that is a beneficiary of that Tariff; and
(c) reduce a rate of customs duty set out following the abbreviation “CCCT” in the column entitled “Preferential Tariff” in the List of Tariff Provisions and the “F” Staging List.
121. Section 47 of the Act is repealed.
122. Section 49 of the Act is repealed.
Marginal note:2001, c. 28, s. 37; 2009, c. 16, s. 41
123. Section 49.3 of the Act is repealed.
Marginal note:2010, c. 4, s. 36
124. Section 54 of the Act is replaced by the following:
Marginal note:Definitions
54. The definitions in this section apply in sections 55 to 67.
“contribute importantly”
« contribuer de manière importante »
“contribute importantly”, in respect of goods imported from one of the following countries, means to be an important cause, but not necessarily the most important cause:
- a NAFTA country
- Chile
“principal cause”
« cause principale »
“principal cause”, in respect of goods imported from one of the following countries, means an important cause that is no less important than any other cause:
- Colombia
- Peru
“surge”
« augmentation subite »
“surge”, in respect of goods imported from
(a) a NAFTA country, has the meaning given that word by Article 805 of the North American Free Trade Agreement; or
(b) Chile, has the meaning given that word by Article F-05 of the Canada–Chile Free Trade Agreement.
125. Section 57 of the Act is replaced by the following:
Marginal note:Exception for certain agricultural goods
57. No order may be made under subsection 55(1), on the basis of a report of the Minister, with respect to any prescribed agricultural goods that may be subject to a surtax under subsection 68(1).
Marginal note:2010, c. 4, s. 37
126. Section 59.1 of the Act is replaced by the following:
Marginal note:Emergency measures — other FTA countries
59.1 An order made under subsection 55(1) may exclude goods of any kind imported from one of the following countries if it appears to the satisfaction of the Governor in Council, on the basis of a report under section 20 or 29 of the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods:
- Colombia
- Peru
Marginal note:2010, c. 4, s. 38
127. Subsection 63(4.1) of the Act is replaced by the following:
Marginal note:Exception for goods imported
(4.1) An order made under subsection (1) may exclude goods of any kind imported from one of the following countries if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods:
- Colombia
- Peru
Marginal note:2001, c. 28, s. 39
128. The heading before section 72 and sections 72 to 77 of the Act are repealed.
Marginal note:2010, c. 4, s. 40
129. Section 79 of the Act is replaced by the following:
Marginal note:Goods in transit
79. An order made under any of the following provisions 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:
(a) subsection 53(2);
(b) subsection 55(1);
(c) section 60;
(d) subsection 63(1);
(e) subsection 69(2);
(f) subsection 70(2);
(g) subsection 71.01(1);
(h) subsection 71.1(2);
(i) subsection 71.5(1).
Marginal note:2002, c. 19, s. 19
130. 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 or temporary duties imposed under Division 4 of Part 2.
Marginal note:2002, c. 19, s. 21(4)
131. Paragraphs 94(1)(a) to (c) of the Act are replaced by the following:
(a) additional customs duties levied under sections 21.1 to 21.3; or
(b) surtaxes or temporary duties imposed under Division 4 of that Part.
Marginal note:2002, c. 19, s. 23(4)
132. 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 sections 21.1 to 21.3 or under the Special Import Measures Act, a surtax or temporary duty imposed under Division 4 of Part 2, a tax levied under the Excise Tax Act or a duty imposed under the Excise Act, 2001 may not be granted,
Marginal note:2002, c. 19, s. 25(4)
133. 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 sections 21.1 to 21.3 or under the Special Import Measures Act, a surtax or temporary duty imposed under Division 4 of Part 2, a tax levied under the Excise Tax Act or a duty levied under the Excise Act, 2001 may not be granted under subsection (1);
Marginal note:2010, c. 4, s. 41
134. Paragraphs 133(j) and (j.1) of the Act are replaced by the following:
(j) for the purpose of tariff item No. 9971.00.00, prescribing conditions under which goods that have been exported to one of the following countries for repair or alteration may be imported:
- a NAFTA country
- Chile
- Colombia
- Costa Rica
- Iceland
- Israel or another CIFTA beneficiary
- Liechtenstein
- Norway
- Peru
- Switzerland
(j.1) for the purpose of tariff item No. 9992.00.00, prescribing conditions under which goods that have been exported to one of the following countries for repair or alteration may be imported:
- a NAFTA country
- Chile
- Colombia
- Costa Rica
- Israel or another CIFTA beneficiary
- Peru
135. Sections 137 to 139 of the Act are replaced by the following:
Definition of “former Act”
137. In sections 140 and 143 to 146, “former Act” means the Customs Tariff as it read immediately before the coming into force of section 214.
136. Sections 141 and 142 of the Act are repealed.
137. The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is replaced by the List of Countries and Applicable Tariff Treatments set out in Schedule 1 to this Act.
138. (1) 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
(a) replacing the reference beginning with “All the foregoing,” and ending with “in that country.” with a reference to “All the foregoing, regardless of the country of origin or tariff treatment, returned to Canada after having been exported to one of the countries listed below for repair or alteration in that country.”; and
(b) adding the following before Note 1:
Countries:
- Chile
- Colombia
- Costa Rica
- Iceland
- Israel or another CIFTA beneficiary
- Liechtenstein
- Mexico
- Norway
- Peru
- Switzerland
- United States
(2) 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, Chile, Costa Rica, Peru or Colombia,” with a reference to “Commercial samples imported from one of the countries listed below,”;
(b) replacing, in paragraph (i), the reference to “in Canadian, Chilean, Mexican, Costa Rican, Peruvian or Colombian currency,” with a reference to “in Canadian currency or the currency of the country from which it was imported”; and
(c) adding, at the end of that Description of Goods, the following:
Countries:
- Chile
- Colombia
- Costa Rica
- Mexico
- Peru
- United States
(3) 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 replaced by the following:
Goods, regardless of the country of origin or tariff treatment, other than the goods of tariff item No. 9971.00.00, returned to Canada after having been exported to one of the countries listed below for repair or alteration in that country.
Countries:
- Chile
- Colombia
- Costa Rica
- Israel or another CIFTA beneficiary
- Mexico
- Peru
- United States
139. The Description of Goods of tariff item 9897.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “mattresses imported under tariff item No. 9806.00.00, 9807.00.00, 9808.00.00, 9809.00.00 or 9810.00.00” with a reference to “mattresses imported under tariff item No. 9805.00.00, 9806.00.00, 9807.00.00, 9808.00.00, 9809.00.00 or 9810.00.00”.
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