CIFTA Rules of Origin Regulations (SOR/97-63)

Regulations are current to 2014-09-29

CIFTA Rules of Origin Regulations

SOR/97-63

CUSTOMS TARIFF

Registration 1996-12-30

CIFTA Rules of Origin Regulations

P.C. 1996-2075  1996-12-30

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to paragraph 13(2)(a.1)Footnote a of the Customs TariffFootnote b, hereby makes the annexed CIFTA Rules of Origin Regulations.

INTERPRETATION

 The definitions in this section apply in these Regulations.

“adjusted to an F.O.B. basis”

“adjusted to an F.O.B. basis” means, with respect to the value of a good, adjusted by

  • (a) deducting

    • (i) the costs of transporting the good after it is shipped from the point of direct shipment,

    • (ii) the costs of unloading, loading, handling and insurance that are associated with that transportation, and

    • (iii) the cost of packing materials and containers,

    where those costs are included in the transaction value of the good, and

  • (b) adding

    • (i) the costs of transporting the good from the place of production to the point of direct shipment,

    • (ii) the costs of loading, unloading, handling and insurance that are associated with that transportation, and

    • (iii) the costs of loading the good for shipment at the point of direct shipment,

    where those costs are not included in the transaction value of the good. (rajustée en fonction d’une base FAB)

“Agreement”

“Agreement” means the Canada-Israel Free Trade Agreement. (Accord)

“alteration”

“alteration” means a modification, other than a repair, that does not include an operation or process that either destroys the essential characteristics of a good or creates a new or commercially different good. (modification)

“category of identical or similar materials”

“category of identical or similar materials” means those materials that are identical materials or similar materials with respect to each other and that are used in the production of the good for which origin is being determined under these Regulations, and includes a category consisting of a single material if no other material used in the production of the good is an identical material or a similar material with respect to that single material. (catégorie de matières identiques ou similaires)

“CIFTA country”

“CIFTA country” means Canada or Israel or another CIFTA beneficiary. (pays ALÉCI)

“Customs Valuation Code”

“Customs Valuation Code” means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 set out in Annex 1A of the Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations. (Code de la valeur en douane)

“fungible goods”

“fungible goods” means goods that are interchangeable for commercial purposes and the properties of which are essentially identical. (produits fongibles)

“fungible materials”

“fungible materials” means materials that are interchangeable for commercial purposes and the properties of which are essentially identical. (matières fongibles)

“identical materials”

“identical materials” means materials that are the same in all respects, including physical characteristics, quality and reputation but excluding minor differences in appearance. (matières identiques)

“indirect material”

“indirect material” means a good used in the production, testing or inspection of another good but not physically incorporated into the other good, or a good used in the maintenance of buildings or the operation of equipment associated with the production of another good, and includes

  • (a) fuel and energy;

  • (b) tools, dies and moulds;

  • (c) spare parts and materials used in the maintenance of equipment and buildings;

  • (d) lubricants, greases, compounding materials and other materials used in production or used to operate equipment and buildings;

  • (e) gloves, glasses, footwear, clothing, safety equipment and supplies;

  • (f) equipment, devices and supplies used for testing or inspecting the other good;

  • (g) catalysts and solvents; and

  • (h) any good that is not incorporated into the other good but the use of which in the production of the other good can reasonably be demonstrated to be part of that production. (matière indirecte)

“material”

“material” means a good that is used in the production of another good, and includes a part or an ingredient. (matière)

“minor processing”

“minor processing” means, with respect to a good,

  • (a) mere dilution with water or any other substance that does not materially alter the characteristics of the good;

  • (b) cleaning, including removal of rust, grease, paint or any other coating;

  • (c) applying any preservative or decorative coating, including any lubricant, protective encapsulation, preservative or decorative paint, or metallic coating;

  • (d) trimming, filing or cutting off small amounts of excess material;

  • (e) packing or repacking of the good for transport, storage or sale;

  • (f) packaging or repackaging of the good for retail sale or relabelling of the good in one or more official languages of a party to the Agreement; or

  • (g) repairs or alterations, washing, laundering or sterilizing. (traitement mineur)

“non-originating good”

“non-originating good” means a good that does not qualify as originating under these Regulations. (produit non originaire)

“non-originating material”

“non-originating material” means a material that does not qualify as originating under these Regulations. (matière non originaire)

“originating good”

“originating good” means a good that qualifies as originating under these Regulations. (produit originaire)

“originating material”

“originating material” means a material that qualifies as originating under these Regulations. (matière originaire)

“point of direct shipment”

“point of direct shipment” means the location from which a producer of a good normally ships that good to the buyer of the good. (point d’expédition directe)

“packaging materials and containers”

“packaging materials and containers” means materials and containers in which a good is packaged for retail sale. (matières de conditionnement et contenants)

“packing materials and containers”

“packing materials and containers” means materials and containers that are used to protect a good during transportation, but does not include packaging materials and containers. (matières d’emballage et contenants)

“producer”

“producer” means a person who grows, mines, harvests, fishes, traps, hunts, manufactures, processes or assembles a good. (producteur)

“production”

“production” means growing, mining, harvesting, fishing, trapping, hunting, manufacturing, processing or assembling a good. (production)

“repair”

“repair” means the adjustment of a machine, instrument, electrical device or other article, including replacing or refitting parts to restore the article to its original operating condition. (réparation)

“similar materials”

“similar materials” means materials that, although not alike in all respects, have similar characteristics and component materials that enable the materials to perform the same functions and to be commercially interchangeable when used in the production of a good. (matières similaires)

“tariff provision”

“tariff provision” means a heading, subheading or tariff item. (poste tarifaire)

“territory”

“territory” means, with respect to Canada, the territory to which its customs laws apply, including any areas beyond the territorial seas of Canada within which, in accordance with international law and its domestic law, Canada may exercise rights with respect to the seabed and subsoil and their natural resources; (territoire)

“used”

“used” means used or consumed in the production of a good. (utilisé)

  • SOR/2002-252, s. 1.