Issuance of Certificates Regulations (SOR/93-587)

Regulations are current to 2017-11-20

Issuance of Certificates Regulations

SOR/93-587

EXPORT AND IMPORT PERMITS ACT

Registration 1993-12-15

Issuance of Certificates Regulations

P.C. 1993-2087  1993-12-15

His Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs, is pleased hereby, pursuant to paragraph 12(c.01)Footnote * of the Export and Import Permits Act, to revoke the Issuance of Certificates Regulations, made by Order in Council P.C. 1988-2869 of December 30, 1988Footnote **, and to make the annexed Regulations providing for considerations to be taken into account by the Minister in the issuance of certificates under section 9.01 of the Export and Import Permits Act, effective on the day on which section 154 of An Act to implement the North American Free Trade Agreement, being chapter 44 of the Statutes of Canada, 1993, comes into force.

 [Repealed, SOR/99-57, s. 2]

Interpretation

 In these Regulations,

apparel goods

apparel goods means goods provided for in Chapters 61 and 62 in the List of Tariff Provisions set out in the schedule to the Customs Tariff that are both cut or knit to shape and sewn or otherwise assembled in Canada from fabric or yarn produced or obtained outside the free trade area; (vêtements)

Canada

Canada [Repealed, SOR/99-57, s. 3]

export development plan

export development plan means a plan indicating the intent and ability of an exporter to export from Canada to a specified importer or specified importers in the United States or Mexico a certain volume or value of apparel goods, fabrics and made-up goods or spun yarn, as applicable; (plan de développement des exportations)

export performance

export performance means the volume and value of exports from Canada of an exporter to the United States or Mexico of apparel goods, fabrics and made-up goods or spun yarn, as applicable; (performance à l’exportation)

exporter

exporter means a person who exports or intends to export from Canada to the United States or Mexico apparel goods, fabrics and made-up goods or spun yarn; (exportateur)

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 provided for in Chapters 52 to 55 in the List of Tariff Provisions set out in the schedule to the Customs Tariff, excluding goods containing 36 per cent or more by weight of wool or fine animal hair, and in Chapters 58, 60 and 63 of that schedule, that are woven or knit in Canada from yarn produced or obtained outside the free trade area, or knit in Canada from yarn spun in the free trade area from fibre produced or obtained outside the free trade area, or

  • (b) goods of subheading No. 9404.90 in the List of Tariff Provisions set out in the schedule to the Customs Tariff that are finished, cut and sewn or otherwise assembled in Canada from fabrics 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 or 5516.91 of that schedule that are produced or obtained outside the free trade area; (tissus et articles confectionnés)

free trade area

free trade area means the area comprising Canada, Mexico and the United States; (zone de libre-échange)

Mexico

Mexico has the same meaning as in section 2.2 of the Customs Tariff; (Mexique)

spun yarn

spun yarn means cotton or man-made fibre yarn that is classified under heading Nos. 52.05 to 52.07 or 55.09 to 55.11 in the List of Tariff Provisions set out in the schedule to the Customs Tariff that is spun in Canada from fibre classified under heading Nos. 52.01 to 52.03 or 55.01 to 55.07 of that schedule and produced or obtained outside the free trade area; (filé)

United States

United States has the same meaning as in section 2.1 of the Customs Tariff. (États-Unis)

  • SOR/98-26, s. 1;
  • SOR/99-57, s. 3.

Considerations in the Issuance of Certificates

 The following considerations shall be taken into account by the Minister in the issuance of a certificate under paragraph 9.1(a) of the Export and Import Permits Act:

  • (a) the export performance of the exporter, if any, over a recent representative base period;

  • (b) any export development plan prepared by the exporter;

  • (c) the degree of demand for certificates;

  • (d) the potential impact of the issuance or non-issuance of a certificate on the exporter, on the Canadian textile industry or on the Canadian apparel industry; and

  • (e) the effective utilization and preservation of the benefits of NAFTA and any intergovernmental arrangements made thereunder.

  • SOR/99-57, s. 4.
 
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