Marking of Imported Goods Regulations (SOR/94-10)

Regulations are current to 2016-02-03 and last amended on 2014-10-01. Previous Versions

Marking of Imported Goods Regulations

SOR/94-10

CUSTOMS TARIFF

Registration 1993-12-22

Regulations Respecting the Marking of Imported Goods

The Minister of National Revenue, pursuant to subsection 63.1(2)Footnote * of the Customs TariffFootnote **, hereby revokes the Marking of Imported Goods Regulations, made on August 19, 1985Footnote *** and makes the annexed Regulations respecting the marking of imported goods, in substitution therefor, effective on the day on which section 133 of An Act to implement the North American Free Trade Agreement, being chapter 44 of the Statutes of Canada, 1993, comes into force.

Ottawa, December 22, 1993

DAVID ANDERSON
Minister of National Revenue

Short Title

 These Regulations may be cited as the Marking of Imported Goods Regulations.

Interpretation

 In these Regulations,

Act

Act means the Customs Act; (Loi)

country of origin

country of origin means

goods

goods means any goods in respect of which any regulations made pursuant to paragraph 19(1)(a) of the Customs Tariff apply; (marchandises)

identical goods

identical goods means goods that are the same in all respects, including physical characteristics, origin, quality and reputation, except for minor differences in appearance; (marchandises identiques)

NAFTA goods

NAFTA goods means any goods in respect of which the Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations apply; (marchandises d’un pays ALÉNA)

non-NAFTA goods

non-NAFTA goods means any goods in respect of which the Determination of Country of Origin for the Purposes of Marking Goods (Non-NAFTA Countries) Regulations apply; (marchandises d’un pays autre qu’un pays ALÉNA)

similar goods

similar goods means goods that closely resemble each other in respect of their component materials and characteristics, are capable of performing the same functions, are commercially interchangeable, and were produced in the same country; (marchandises semblables)

sufficiently permanent

sufficiently permanent means, in respect of a marking, capable of remaining in place until the goods reach the ultimate purchaser or, in the case of non-NAFTA goods where there is no ultimate purchaser, the ultimate recipient, unless deliberately removed; (suffisamment permanente)

ultimate purchaser

ultimate purchaser means the last person in Canada who purchases the goods in the form in which they are imported, whether or not that purchaser is the last person to use the goods in Canada; (dernier acheteur)

ultimate recipient

ultimate recipient means the last person in Canada who receives the goods in the form in which they are imported; (dernier destinataire)

usual container

usual container means the container in which goods will ordinarily reach their ultimate purchaser. (contenant usuel)

  • SOR/98-83, s. 1.

General

  •  (1) The marking of NAFTA goods shall indicate, to the ultimate purchaser, the country of origin of the NAFTA goods.

  • (2) The marking of non-NAFTA goods shall indicate, to the ultimate purchaser, or where there is no ultimate purchaser, to the ultimate recipient, the country of origin of the non-NAFTA goods.

General Manner of Marking

  •  (1) NAFTA goods shall be marked in English, French or Spanish.

  • (2) Subject to subsection (3), non-NAFTA goods shall be marked in English or French.

  • (3) Non-NAFTA goods of which the country of origin is Honduras shall be marked in English, French or Spanish.

  • SOR/2014-205, s. 1.

 The marking of goods shall be legible, sufficiently permanent and capable of being seen easily during normal handling of the goods or their container.

 If the word “Canada”, “Canadian” or “canadien” or any abbreviation of it, or the name of any country or place other than the country of origin of the goods appears on any goods elsewhere than in the country of origin marking, and the presence of the word can be expected to mislead the ultimate purchaser or the ultimate recipient, as the case may be, the country of origin marking shall be located in close proximity to that word and shall contain the expression “made in”, “produced in” or “printed in” or any other expression, in any of the languages used in accordance with section 4 that indicates to the ultimate purchaser or to the ultimate recipient, as the case may be, the country of origin of the goods.

  • SOR/2014-205, s. 2.

 An abbreviation of a country name may be used in a country of origin marking if the abbreviation clearly indicates to the ultimate purchaser or to the ultimate recipient, as the case may be, the country of origin of the goods.

Specific Manner of Marking

 For the purposes of section 5 and subject to section 9, goods that are iron or steel pipes or tubes shall be marked

  • (a) by paint stencilling, die stamping, cast-in-mould lettering, etching or engraving; or

  • (b) in the case of pipes or tubes that have an inside diameter of 4.8 cm or less (1.9 inches or less) and are imported in bundles, by tagging or labelling each bundle.

 Goods that are iron or steel pipes or tubes and have a critical surface finish may be marked by tagging or labelling each pipe or tube.

 For the purposes of section 5, the country of origin marking for goods that are printed or lithographed paper products shall be

  • (a) of a size not smaller than 1.6 mm (0.06 inch); and

  • (b) in a colour that is as bold as any other characters or images that are printed or lithographed on the paper product.

 A container that is required to be marked in accordance with the Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations, in which is imported an empty usual container, whether or not the usual container is disposable, shall be marked with the country of origin of the usual container.

 A usual container that is required to be marked in accordance with the Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations, imported filled, whether or not the usual container is disposable, shall be marked with the country of origin of its contents unless the contents are marked with their country of origin and the usual container can be readily opened for inspection of the contents, or the marking of the contents is clearly visible through the usual container.

Time of Marking

 Subject to section 14, goods shall be marked before their importation.

Exceptions

 Goods may be marked in Canada after their importation but before their release, if

  • (a) the goods are not imported as mail;

  • (b) a notice referred to in subsection 35.02(2) of the Act in respect of similar goods or identical goods to be imported

    • (i) has not been served on the importer of the goods, or

    • (ii) has been served on the importer of the goods less than thirty days or more than two years before the importation of the goods;

  • (c) the importer of the goods

    • (i) before the importation of the goods, gives written notice to an officer that the goods will be marked in Canada by the importer, or

    • (ii) at the time of the importation of the goods, gives notice to an officer that the goods will be marked in Canada by the importer, where the importer demonstrates that it was not possible to give the notice referred to in subparagraph (i) before the importation of the goods; and

  • (d) the importer of the goods complies with any instructions given pursuant to section 15.

 After receipt of a notice referred to in paragraph 14(c), an officer shall give the importer of the goods written instructions indicating

  • (a) the customs office, bonded warehouse or sufferance warehouse in Canada where the marking is to be done;

  • (b) the time within which the marking must be completed; and

  • (c) the customs office, bonded warehouse or sufferance warehouse in Canada where the goods are to be made available on the completion of the marking for examination by an officer.

  • SOR/96-302, s. 1.
  •  (1) An importer of goods who has given a notice under subparagraph 14(c)(i) shall present to an officer a copy of the instructions referred to in section 15 at the time the goods

    • (a) are reported under section 12 of the Act; and

    • (b) are accounted for under subsection 32(1) or (2) of the Act.

  • (2) An importer of goods who has given a notice under subparagraph 14(c)(ii) shall present to an officer a copy of the instructions referred to in section 15 at the time the goods are accounted for under subsection 32(1) or (2) of the Act.

 
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