SOR/98-49199712

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20196

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CUSTOMS ACTNAFTA Marking Determination, Re-determination and Further Re-determination RegulationsP.C.1997-2021199712

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Whereas the proposed NAFTA Marking Determination, Re-determination and Further Re-determination Regulations give effect, in part, to a public announcement made on October 27, 1997 and are therefore, by virtue of paragraph 164(4)(a.2)a of the Customs Actb, not required to be published under subsection 164(3) of that Act;Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to subsections 57.01(1)c and 61(2)d and paragraph 164(1)(i)e of the Customs Actb, hereby makes the annexed NAFTA Marking Determination, Re-determination and Further Re-determination Regulations.aS.C. 1992, c. 28, s. 30(3)bR.S., c. 1 (2nd Supp.)cS.C. 1997, c. 36, s. 165dS.C. 1997, c. 36, s. 166eS.C. 1992, c. 28, s. 30(1)Interpretation

1In these Regulations, Act means the Customs Act. (Loi)

Manner of Making a Determination

2An officer who is designated by the Minister for the purposes of subsection 57.01(1) of the Act shall determine whether goods imported from a NAFTA country have been marked in the manner referred to in section 35.01 of the Act by reviewing, analyzing or examining any of the following material:(a)advance rulings given in respect of the goods pursuant to section 43.1 of the Act, or by the customs administration of a NAFTA country other than Canada;(b)determinations, re-determinations or further re-determinations, made under the Act, in respect of marking, tariff classification or origin of goods imported from a NAFTA country;(c)decisions made by the Canadian International Trade Tribunal, the Federal Court or the Supreme Court of Canada in respect of goods imported from a NAFTA country;(d)reports prepared by an officer at the time the goods were examined in accordance with subsection 99(1) of the Act;(e)samples of the goods taken by an officer in accordance with subsection 99(1) of the Act;(f)information provided by the person who accounted for the goods pursuant to section 32 of the Act; and(g)any other material provided by the importer, exporter or producer of the goods in respect of the marking of the goods.

Class of Persons

3The officer referred to in section 2 shall give notice of the marking determination made in respect of goods imported from a NAFTA country to the importer, exporter and producer of those goods.

4For the purposes of subsection 61(2) of the Act, the Deputy Minister shall give notice of any re-determination or further re-determination of a marking determination made pursuant to paragraph 61(1)(b) of the Act in respect of goods imported from a NAFTA country to the importer, exporter and producer of those goods.

Repeal

5[Repeal]

Coming into Force

6These Regulations come into force on January 1, 1998.