Allocation Methods Order — Cheese and Cheese Products, Ice Cream, Yogurt, Powdered Buttermilk and Concentrated Milk

SOR/95-196

EXPORT AND IMPORT PERMITS ACT

Registration 1995-04-21

Allocation Methods Order — Cheese and Cheese Products, Ice Cream, Yogurt, Powdered Buttermilk and Concentrated Milk

The Secretary of State for External Affairs, pursuant to paragraph 6.2(2)(a)Footnote a of the Export and Import Permits Act, hereby makes the annexed Order establishing methods for allocating the import access quantity for cheese and cheese products, chicken and chicken products, turkey and turkey products, ice cream, yogurt, powdered buttermilk and concentrated milk.

Ottawa, April 19, 1995

ANDRÉ OUELLET

The Secretary of State for External Affairs

 [Repealed, SOR/96-387, s. 2]

Interpretation

 In this Order,

Act

Act means the Export and Import Permits Act; (Loi)

applicant

applicant means a resident of Canada who applies for an import allocation; (requérant)

historical import quota

historical import quota means an allocation that was made in 1994 on the basis of an allocation made at the time of the initial imposition of controls and allocations to importers, as adjusted since then; (contingent historique)

under-utilization

under-utilization, in respect of an import allocation, means

  • (a) where the Minister has established a minimum utilization level as a condition of the import allocation, utilization at a level below that level, and

  • (b) where the Minister has not established such a minimum utilization level, utilization of less than

    • (i) 95 per cent, in the case of cheese and cheese products, and

    • (ii) 90 per cent, in the case of other goods to which this Order applies. (sous-utilisation)

Cheese and Cheese Products

  •  (1) In this section, "cheese and cheese products" means goods described in sections 22 to 38 of the schedule.

  • (2) Subject to subsection (3), the method for allocating the import access quantity of cheese and cheese products is to grant an applicant who holds a historical import quota an equivalent import allocation.

  • (3) If an applicant referred to in subsection (2) under-utilizes their import allocation in a calendar year, their allocation under that subsection for the next following calendar year is reduced by the percentage of the import allocation not utilized in that preceding calendar year.

  • SOR/2002-96, s. 1.

 [Repealed, SOR/96-387, s. 3]

Ice Cream, Yogurt, Powdered Buttermilk and Concentrated Milk

  •  (1) In this section,

    ice cream

    ice cream means goods described in section 21 of the schedule; (crème glacée)

    concentrated milk

    concentrated milk means goods described in section 19 of the schedule; (lait concentré)

    powdered buttermilk

    powdered buttermilk means goods described in section 20 of the schedule; (babeurre en poudre)

    yogurt

    yogurt means goods described in section 39 of the schedule. (yoghourt)

  • (2) Subject to subsection (3), the method for allocating the import access quantities of ice cream, yogurt, powdered buttermilk and concentrated milk that may be imported into Canada during 1995 is to grant each applicant who holds a historical import quota an equivalent import allocation.

  • (3) An allocation made under subsection (2) shall be adjusted downward in proportion to any under-utilization during 1994.

SCHEDULE(Sections 3 and 6)

  • 1. to 18 [Repealed, SOR/96-387, s. 5]

  • 19 Milk and cream, not in powder, granules or other solid forms, concentrated (whether or not containing added sugar or other sweetening matter) or not concentrated (containing added sugar or other sweetening matter), that are classified under tariff item No. 0402.91.10 or 0402.99.10 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 20 Powdered buttermilk, whether or not containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa, that is classified under tariff item No. 0403.90.11 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 21 Ice cream and other edible ice, whether or not containing cocoa, other than flavoured ice and ice sherbets, that are classified under tariff item No. 2105.00.91 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 22 Fresh (unripened or uncured) cheese, including whey cheese and curd, that is classified under tariff item No. 0406.10.10 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 23 Cheddar cheese and Cheddar types of cheese, grated or powdered, that are classified under tariff item No. 0406.20.11 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 24 Grated or powdered cheese of all kinds, other than Cheddar and Cheddar types, that is classified under tariff item No. 0406.20.91 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 25 Processed cheese, not grated or powdered, that is classified under tariff item No. 0406.30.10 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 26 Blue-veined cheese that is classified under tariff item No. 0406.40.10 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 27 Cheddar cheese and Cheddar types of cheese that are classified under tariff item No. 0406.90.11 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 28 Camembert cheese and Camembert types of cheese that are classified under tariff item No. 0406.90.21 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 29 Brie cheese and Brie types of cheese that are classified under tariff item No. 0406.90.31 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 30 Gouda cheese and Gouda types of cheese that are classified under tariff item No. 0406.90.41 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 31 Provolone cheese and Provolone types of cheese that are classified under tariff item No. 0406.90.51 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 32 Mozzarella cheese and Mozzarella types of cheese that are classified under tariff item No. 0406.90.61 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 33 Swiss/Emmental cheese and Swiss/Emmental types of cheese that are classified under tariff item No. 0406.90.71 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 34 Gruyère cheese and Gruyère types of cheese that are classified under tariff item No. 0406.90.81 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 35 Havarti cheese and Havarti types of cheese that are classified under tariff item No. 0406.90.91 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 36 Parmesan cheese and Parmesan types of cheese that are classified under tariff item No. 0406.90.93 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 37 Romano cheese and Romano types of cheese that are classified under tariff item No. 0406.90.95 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 38 All other cheeses that are classified under tariff item No. 0406.90.98 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • 39 Yogurt, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa, that is classified under tariff item No. 0403.10.10 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

  • SOR/96-387, ss. 4, 5;
  • SOR/97-37, s. 1;
  • SOR/98-74, s. 1.
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