Canada–Ukraine Free Trade Agreement Implementation Act (S.C. 2017, c. 8)

19 The schedule to the Act is amended by adding, in alphabetical order, a reference to “Ukraine” in column 1 and a corresponding reference to “Ukraine Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff” in column 2.

R.S., c. 1 (2nd Supp.)Customs Act

20 Subsection 2(1) of the Customs Act is amended by adding the following in alphabetical order:

Marginal note:2009, c. 6, s. 24(1)

• 21 (1) The portion of paragraph 42.1(1)(a) of the Act before subparagraph (i) is replaced by the following:

  • (a) conduct a verification of origin of goods for which preferential tariff treatment under a free trade agreement, other than a free trade agreement referred to in subsection (1.1), is claimed

• Marginal note:2009, c. 6, ss. 24(2) and (3)

  (2) Subsections 42.1(1.1) and (2) of the Act are replaced by the following:

  • Marginal note:Method of verification — certain agreements

    (1.1) Any officer, or any officer within a class of officers, designated by the President for the purposes of this section, or any person, or any person within a class of persons, designated by the President to act on behalf of such an officer, may, subject to any prescribed conditions, conduct any of the following:

    • (a) a verification of origin of goods for which preferential tariff treatment under CEFTA is claimed, by requesting in writing that the customs administration of the EFTA state of export conduct a verification and provide an opinion as to whether the goods are originating within the meaning of Annex C of CEFTA;

    • (b) a verification of origin of goods for which preferential tariff treatment under CUFTA is claimed, by requesting in writing that the customs administration of Ukraine conduct a verification and provide a written report as to whether the goods are originating within the meaning of Chapter 3 of CUFTA.

  • Marginal note:Withdrawal of preferential tariff treatment

    (2) If an exporter or producer of goods that are subject to a verification of origin under paragraph (1)(a) fails to comply with the prescribed requirements or, in the case of a verification of origin under subparagraph (1)(a)(i), does not consent to the verification of origin in the prescribed manner and within the prescribed time, preferential tariff treatment under a free trade agreement, other than a free trade agreement referred to in subsection (1.1), may be denied or withdrawn from the goods.

• Marginal note:2009, c. 6, s. 24(3)

  (3) The portion of subsection 42.1(3) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Withdrawal of preferential tariff treatment — certain agreements

    (3) Preferential tariff treatment under a free trade agreement referred to in subsection (1.1) may be denied or withdrawn from the goods in any of the following circumstances:

    • (a) in the case of CEFTA, if the EFTA state of export fails to conduct a verification or provide an opinion as to whether the goods are originating;

    • (a.1) in the case of CUFTA, if Ukraine fails to conduct a verification or provide a written report as to whether the goods are originating;

Marginal note:2009, c. 6, s. 28

• 22 (1) Subsection 97.201(1) of the Act is replaced by the following:

  Marginal note:Verification of origin — certain agreements

  • 97.201 (1) The customs administration of any state referred to in subsection 42.1(1.1) to which goods were exported may request in writing that the Agency conduct a verification and provide, as the case may be

    • (a) an opinion as to whether those goods are originating within the meaning of Annex C of CEFTA; or

    • (b) a written report as to whether the goods are originating within the meaning of Chapter 3 of CUFTA.

• Marginal note:2009, c. 6, s. 28

  (2) Subsection 97.201(3) of the Act is replaced by the following:

  • Marginal note:Statement of origin — certain agreements

    (3) On completion of a verification of origin requested under subsection (1), an officer or other person designated under subsection (2) shall

    • (a) provide, in the prescribed manner, the customs administration of the state with the opinion or written report requested and any relevant supporting documents that may be requested by that customs administration; and

    • (b) determine whether the goods are originating within the meaning of the applicable provision referred to in subsection (1).

23 Part 1 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Ukraine” in column 1, a corresponding reference to “CUFTA” in column 2 and a corresponding reference to “Ukraine Tariff rates of customs duty under the Customs Tariff” in column 3.

24 Part 3 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Ukraine” in column 1 and a corresponding reference to “Article 4.8 of CUFTA” in column 2.

25 Part 4 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Ukraine” in column 1 and a corresponding reference to “CUFTA” in column 2.

26 Part 5 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUFTA” in column 1 and a corresponding reference to “Chapters 3 and 4” in column 2.

R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act

• 27 (1) Section 2 of the Canadian International Trade Tribunal Act is amended by adding the following after subsection (4.5):

  • Marginal note:Definition of Ukraine Tariff

    (4.6) In this Act, Ukraine Tariff means the rates of customs duty referred to in section 52.5 of the Customs Tariff.

• (2) Subsection 2(5) of the Act is amended by adding, in alphabetical order, a reference to “Ukraine” in the list of countries.

28 The Act is amended by adding the following after section 19.0191: