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Commonwealth Caribbean Countries Tariff Rules of Origin Regulations (SOR/98-36)

Regulations are current to 2024-10-30

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Commonwealth Caribbean Countries Tariff Rules of Origin Regulations

SOR/98-36

CUSTOMS TARIFF

Registration 1997-12-29

Commonwealth Caribbean Countries Tariff Rules of Origin Regulations

P.C. 1997-2007  1997-12-29

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2) of the Customs TariffFootnote a, hereby makes the annexed Commonwealth Caribbean Countries Tariff Rules of Origin Regulations.

Interpretation

1 In these Regulations, beneficiary country means a country that is a beneficiary of the Commonwealth Caribbean Countries Tariff.

Originating Goods

  • 2 (1) A good originates in a beneficiary country if the good is

    • (a) a mineral good extracted from the soil or the seabed of the country;

    • (b) a vegetable good harvested in the country;

    • (c) a live animal born and raised in the country;

    • (d) a good obtained in the country from a live animal;

    • (e) a good obtained by hunting or fishing in the country;

    • (f) a good derived from sea fishing or other marine goods taken from the sea by a vessel of the country;

    • (g) a product made on board a factory ship of the country exclusively from products referred to in paragraph (f);

    • (h) waste and scrap derived from manufacturing facilities of the country;

    • (i) used goods of the country imported into Canada for use only for the recovery of raw materials; or

    • (j) goods produced in the country exclusively from a product referred to in any of paragraphs (a) to (h).

  • (2) Goods originate in a beneficiary country if the value of the materials, parts or products originating outside the beneficiary country or in an undetermined location and used in the manufacture or production of the goods amounts to not more than 40% of the ex-factory price of the goods as packed for shipment to Canada.

  • (3) For the purposes of subsection (2), the following are deemed to have originated in the beneficiary country

    • (a) any materials, parts or products used in the manufacture or production of the goods referred to in that subsection and originating in any other beneficiary country or from Canada, and

    • (b) any packing required for the transportation of the goods, excluding packing in which the goods are ordinarily sold for consumption in the beneficiary country.

  • 3 (1) For the purpose of determining the origin of goods, each good in a shipment shall be considered separately, except that

    • (a) if a group, set or assembly of goods is classified in one item, the group, set or assembly shall be considered to be one good, and

    • (b) tools, parts and accessories

      • (i) that are imported with a good,

      • (ii) that constitute the standard equipment customarily included in the sale of a good of that kind, and

      • (iii) the price of which is included in the price of the good and for which no separate charge is made,

      shall be considered as forming a whole with the good.

  • (2) An unassembled good that is imported in more than one shipment because it is not feasible for transport or production reasons to import it in one shipment shall be considered to be one good.

Direct Shipment

4 Goods are entitled to the Commonwealth Caribbean Countries Tariff only if the goods are shipped directly to Canada, with or without transhipment, from a beneficiary country.

Repeal

5 [Repeal]

Coming into Force

6 These Regulations come into force on January 1, 1998.

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AMENDMENTS NOT IN FORCE

  • — SOR/2023-211, s. 1

      • 1 (1) Subsection 2(2) of the Commonwealth Caribbean Countries Tariff Rules of Origin RegulationsFootnote 1 is replaced by the following:

        • (2) Goods, other than those set out in Chapters 61 to 63 of the List of Tariff Provisions, originate in a beneficiary country if the value of the materials, parts or products originating outside the beneficiary country or in an undetermined location and used in the manufacture or production of the goods is no more than 40% of the ex-factory price of the goods as packed for shipment to Canada.

      • (2) Section 2 of the Regulations is amended by adding the following after subsection (3):

        • (4) Goods set out in Chapters 61 and 62 of the List of Tariff Provisions originate in a beneficiary country if they are cut, or knit to shape, and sewn or otherwise assembled in that beneficiary country.

        • (5) Goods set out in Chapter 63 of the List of Tariff Provisions originate in a beneficiary country if they are cut, or knit to shape, and sewn or otherwise assembled in that beneficiary country from fabric produced in any beneficiary country or Canada.

        • (6) For the purpose of determining whether a good set out in Chapters 61 to 63 of the List of Tariff Provisions originates in a beneficiary country, subsections (4) and (5) apply only to the fabric or the parts knit to shape that determine the tariff classification of the good, identified in accordance with the General Rules for the Interpretation of the Harmonized System set out in the schedule to the Customs Tariff.

        • (7) When a good that qualifies as originating is transported outside a beneficiary country, the good retains its originating status only if

          • (a) the good remains under customs control outside the beneficiary country; and

          • (b) the good does not undergo any further production or other operation outside the beneficiary country, other than unloading, reloading, separation from a bulk shipment, storing or any other operation necessary to transport the good to Canada or to preserve it in good condition.


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