CCFTA Textile and Apparel Extension of Benefit Order (SOR/97-344)

Interpretation

1 The definitions in this section apply in this Order.

apparel

apparel means goods referred to in Chapters 61 and 62 of Schedule I to the Customs Tariff that are cut or knit to shape and are sewn or otherwise assembled in Chile from fabric or yarn produced or obtained outside the free trade area. (vêtements)

fabric and made-up goods

fabric and made-up goods means

• (a) cotton or man-made fibre fabric and cotton or man-made fibre made-up textile goods referred to in Chapters 52 to 55 of Schedule I to the Customs Tariff, other than goods containing 36% or more by weight of wool or fine animal hair, and in Chapters 58, 60 and 63 of Schedule I to the Customs Tariff that are woven or knit in Chile from yarn produced or obtained outside the free trade area or that are knit in Chile from yarn spun in Chile from fibre produced or obtained outside the free trade area;

• (b) goods of subheading No. 9404.90 of Schedule I to the Customs Tariff that are finished and cut and sewn or otherwise assembled from fabrics referred to in any of subheading Nos. 5208.11 to 5208.29, 5209.11 to 5209.29, 5210.11 to 5210.29, 5211.11 to 5211.29, 5212.11, 5212.12, 5212.21, 5212.22, 5407.41, 5407.51, 5407.71, 5407.81, 5407.91, 5408.21, 5408.31, 5512.11, 5512.21, 5512.91, 5513.11 to 5513.19, 5514.11 to 5514.19, 5516.11, 5516.21, 5516.31, 5516.41 and 5516.91 of Schedule I to the Customs Tariff that are produced or obtained outside the free trade area; or

• (c) wool fabric and wool made-up textile goods referred to in Chapters 51 to 55 of Schedule I to the Customs Tariff, containing 36% or more by weight of wool or fine animal hair, and in Chapters 58, 60 and 63 of Schedule I to the Customs Tariff that are woven or knit in Chile from yarn produced or obtained outside the free trade area or that are knit in Chile from yarn spun in Chile from fibre produced or obtained outside the free trade area. (tissus et articles confectionnés)

free trade area

free trade area means the area comprising Canada and Chile. (zone de libre-échange)

spun yarn

spun yarn means cotton or man-made fibre yarns referred to in any of heading Nos. 52.05 to 52.07 and 55.09 to 55.11 of Schedule I to the Customs Tariff that are spun in Chile from fibre referred to in any of heading Nos. 52.01 to 52.03 and 55.01 to 55.07 of Schedule I to the Customs Tariff that is produced or obtained outside the free trade area. (filés)

Extension of Benefit

2 Subject to section 3, the benefit of the Chile Tariff is extended to apparel, fabric and made-up goods and spun yarn, imported into Canada from Chile, in an amount not exceeding the annual quantitative limits for each of those goods set out in Schedules 5.B.1, 5.B.2 and 5.B.3 to Appendix 5.1 of Annex C-00-B to Chapter C of the Canada-Chile Free Trade Agreement.

3 The benefit referred to in section 2 is extended on the condition that the importer or owner provides to the officer, at the request of the officer,

• (a) at the time that the apparel, fabric and made-up goods or spun yarn referred to in that section are accounted for under subsection 32(1), (3) or (5) of the Customs Act or are the subject of an application for a refund under paragraph 74(1)(d) of that Act, a written declaration, in English or French, indicating that the certification referred to in paragraph (b) is in the possession of the importer or owner; and

• (b) at the time that the apparel, fabric and made-up goods or spun yarn referred to in that section are released, or at any other time after the importer or owner provides a declaration referred to in paragraph (a) in respect of the goods,

  • (i) a certification of the exporter, in English, French or Spanish, containing the statement set out in, and the information requested by, the form set out in the schedule, accompanied by a copy of the applicable invoice or sales agreement, and

  • (ii) where the certification referred to in subparagraph (i) is in Spanish, at the further request of the officer, a translation of the certification into English or French.

Coming into Force

Footnote ^*4 This Order comes into force on the day on which section 51 of the Canada-Chile Free Trade Agreement Implementation Act, chapter 14 of the Statutes of Canada, 1997, comes into force.

• Return to footnote ^*[Note: Regulations in force July 5, 1997, see SI/97-86.]