C-54.011Customs TariffSOR/93-610199312

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CUSTOMS TARIFFAutomotive Goods Rules of Origin RegulationsRegulations Respecting the Election of Rules of Origin for Automotive GoodsP.C.1993-2111  199312

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His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 13* of the Customs Tariff**, is pleased hereby to make the annexed Regulations respecting the election of rules of origin for automotive goods, effective on the day on which subsection 113(3) of An Act to implement the North American Free Trade Agreement, being chapter 44 of the Statutes of Canada, 1993, comes into force.*S.C. 1993, c. 44, s. 113**R.S., c. 41 (3rd Supp.)SHORT TITLE

1.These Regulations may be cited as the Automotive Goods Rules of Origin Regulations.

INTERPRETATION

2.In these Regulations,automotive goods means goods referred to in any of subheadings 8703.21 to 8703.90, 8704.21 and 8704.31; (produits automobiles)unliquidated entries means any automotive goods that are shipped directly to Canada from the United States, that entered Canada during the period beginning on January 1, 1989 and ending immediately before the coming into force of these Regulations, and in respect of which a final determination has not been made in accordance with section 3 before the coming into force of these Regulations. (importations à origine indéterminée)

• SOR/98-28, s. 15.

3.For the purposes of these Regulations, a final determination has been made in respect of automotive goods where(a)a determination of origin has been made in respect of the automotive goods and the period for requesting a re-determination of origin in respect of the automotive goods under section 60 of the Customs Act has expired;(b)a notice of decision in respect of a re-determination of origin has been given in respect of the automotive goods under section 60 of the Customs Act and the period for requesting a further re-determination of origin in respect of the automotive goods under section 63 of that Act has expired; or(c)a notice of decision in respect of a further re-determination of origin has been given in respect of the automotive goods under section 63 of the Customs Act.

GENERAL

4.For the purposes of the determination of the entitlement to the benefit of the United States Tariff, in respect of unliquidated entries, an importer of automotive goods may elect, within 180 days after the day on which these Regulations come into force, to apply(a)the United States Tariff Rules of Origin Regulations; or(b)the NAFTA Rules of Origin Regulations.

5.Where an importer of automotive goods elects, in accordance with section 4, to have the NAFTA Rules of Origin Regulations apply, that importer may elect to use the method set out in section 10 of those Regulations instead of the method set out in section 9 of those Regulations to calculate the value of all non-originating materials.

6.Where an importer of automotive goods elects, in accordance with section 4, to have the NAFTA Rules of Origin Regulations apply and where the producer of those automotive goods had a 1989-1990 fiscal year that began after January 1, 1989, the producer may include, in that fiscal year, any unliquidated entries that entered Canada during the period beginning on January 1, 1989 and ending immediately before the commencement of the producer’s 1989-1990 fiscal year.

7.Where any provision in the NAFTA Rules of Origin Regulations requires a notice to be filed or given within a producer’s fiscal year, the reference to the producer’s fiscal year shall be read, for a producer of automotive goods where the importer of those automotive goods has elected, in accordance with section 4, to apply those Regulations, as a reference to the first fiscal year of the producer after the coming into force of these Regulations.