• Marginal note:Same meaning

  (4.1) In this Act,

  • (a) “EFTA state” has the same meaning as in subsection 2(1) of the Canada–EFTA Free Trade Agreement Implementation Act;

  • (b) “Iceland Tariff” means the rates of customs duty referred to in section 52.1 of the Customs Tariff;

  • (c) “Norway Tariff” means the rates of customs duty referred to in section 52.2 of the Customs Tariff; and

  • (d) “Switzerland–Liechtenstein Tariff” means the rates of customs duty referred to in section 52.3 of the Customs Tariff.

• Marginal note:Goods imported from an EFTA state, a NAFTA country, Chile or Costa Rica

  (5) For the purposes of this Act, goods are imported from an EFTA state, from a NAFTA country, from Chile or from Costa Rica if they are shipped directly to Canada from the EFTA state, the NAFTA country, Chile or Costa Rica, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.

Definition of “principal cause”

• 19.014 (1) In this section, “principal cause” means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

• Marginal note:Emergency measures — Iceland

  (2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Iceland Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• Marginal note:Terms of reference

  (3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• Marginal note:Tabling of report

  (4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

• Marginal note:Notice of report

  (5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

Definition of “principal cause”

• 19.015 (1) In this section, “principal cause” means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

• Marginal note:Emergency measures — Norway

  (2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Norway Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• Marginal note:Terms of reference

  (3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• Marginal note:Tabling of report

  (4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

• Marginal note:Notice of report

  (5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

Definition of “principal cause”

• 19.016 (1) In this section, “principal cause” means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

• Marginal note:Emergency measures — Switzerland or Liechtenstein

  (2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Switzerland–Liechtenstein Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• Marginal note:Terms of reference

  (3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• Marginal note:Tabling of report

  (4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

• Marginal note:Notice of report

  (5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

Definition of “complaint”

21.1 In sections 23 to 30, “complaint” means a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06), (1.07), (1.08), (1.09), (1.091) or (1.092) and, for the purposes of those subsections, a complaint is properly documented if the Tribunal is satisfied that it contains or is accompanied by the information required by section 23.

• Marginal note:Filing of complaint — Iceland Tariff

  (1.09) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Iceland Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.

• Marginal note:Filing of complaint — Norway Tariff

  (1.091) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Norway Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.

• Marginal note:Filing of complaint — Switzerland–Liechtenstein Tariff

  (1.092) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Switzerland–Liechtenstein Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.

• (c) in the case of a complaint filed under subsection 23(1.03), (1.06), (1.08), (1.09), (1.091) or (1.092), send to the Minister a copy of the complaint and the information examined by the Tribunal in making its determination.

• (i.9) in the case of a complaint filed under subsection 23(1.09), the goods that are entitled to the Iceland Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods,

• (i.91) in the case of a complaint filed under subsection 23(1.091), the goods that are entitled to the Norway Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods,

• (i.92) in the case of a complaint filed under subsection 23(1.092), the goods that are entitled to the Switzerland–Liechtenstein Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, or

• (a.9) in the case of a complaint filed under subsection 23(1.09), the goods that are entitled to the Iceland Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;

• (a.91) in the case of a complaint filed under subsection 23(1.091), the goods that are entitled to the Norway Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;

• (a.92) in the case of a complaint filed under subsection 23(1.092), the goods that are entitled to the Switzerland–Liechtenstein Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods; or

• Marginal note:Effect of detrimental reliance under CEFTA

  (5) If an exporter of goods from an EFTA state demonstrates, to the satisfaction of the Minister, that it has relied, in good faith and to its detriment, on a ruling made by the Agency or the customs administration of an EFTA state with respect to the tariff classification or value of a non-originating material used in the production of goods, a redetermination of origin by the Agency in respect of goods for which preferential tariff treatment under CEFTA is claimed shall apply only to importations of the goods made after the date of the redetermination.

• (b) in the case of goods exported from a NAFTA country, from Chile, from Costa Rica or from an EFTA state, any other matter concerning those goods that is set out in paragraph 1 of Article 509 of NAFTA, in paragraph 1 of Article E-09 of CCFTA, in paragraph 1 of Article V.9 or paragraph 10 of Article IX.2 of CCRFTA or in Article 28(2) of Annex C of CEFTA, as the case may be; and

• (c.11) the goods were imported from Costa Rica, from an EFTA state or from Israel or another CIFTA beneficiary but no claim for preferential tariff treatment under CCRFTA, CEFTA or CIFTA, as the case may be, was made in respect of those goods at the time they were accounted for under subsection 32(1), (3) or (5);

Marginal note:Verification of origin on behalf of an EFTA state

• 97.201 (1) The customs administration of an EFTA state to which goods were exported may request in writing that the Agency conduct a verification and provide an opinion as to whether those goods are originating within the meaning of Annex C of CEFTA.

• Marginal note:Methods of verification

  (2) Any officer, or any officer within a class of officers, designated by the President for the purposes of this section, or any person, or any person within a class of persons, designated by the President to act on behalf of such an officer, may, subject to any prescribed conditions, conduct a verification of origin of goods referred to in subsection (1)

  • (a) by entering any prescribed premises or place at any reasonable time; or

  • (b) in any other prescribed manner.

• Marginal note:Statement of origin

  (3) On completion of a verification of origin requested under subsection (1), an officer or other person designated under subsection (2) shall

  • (a) provide, in the prescribed manner, the customs administration of an EFTA state referred to in subsection (1) with the opinion requested under that subsection and any relevant supporting documents that may be requested by that customs administration; and

  • (b) determine whether the goods are originating within the meaning of Annex C of CEFTA.

• Marginal note:Notice requirement

  (4) The President shall without delay give notice of a decision made under paragraph (3)(b), including the rationale on which the decision is made, to the exporter or producer of the goods, as the case may be, subject to the verification of origin.

• Marginal note:Determination treated as re-determination

  (5) A determination made under paragraph (3)(b) is to be treated for the purposes of this Act as if it were a re-determination under paragraph 59(1)(a).

• Marginal note:Regulations: CEFTA

  (1.4) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of the uniform interpretation, application and administration of Chapter II and Annex C of CEFTA and any other matters that may be agreed on from time to time by the parties to CEFTA.

“Canada–EFTA Free Trade Agreement”

« Accord de libre-échange Canada–AELÉ »

“Canada–EFTA Free Trade Agreement” has the same meaning as “Agreement” in subsection 2(1) of the Canada–EFTA Agreement Implementation Act.

“Iceland”

« Islande »

“Iceland” means

• (a) the land territory, air space, internal waters and territorial sea of Iceland; and

• (b) the exclusive economic zone and continental shelf of Iceland.

“Liechtenstein”

« Liechtenstein »

“Liechtenstein” means the land territory and air space of Liechtenstein.

“Norway”

« Norvège »

“Norway” means

• (a) the land territory, air space, internal waters and territorial sea of Norway; and

• (b) the exclusive economic zone and continental shelf of Norway.

“Switzerland”

« Suisse »

“Switzerland” means the land territory and air space of Switzerland.

Marginal note:Goods imported from an EFTA state, a NAFTA country, Chile or Costa Rica

5. For the purposes of this Act, goods are imported from one of the following countries if they are shipped directly to Canada from that country:

• (a) a NAFTA country;

• (b) Chile;

• (c) Costa Rica;

• (d) Iceland;

• (e) Liechtenstein;

• (f) Norway; or

• (g) Switzerland.

Marginal note:Abbreviations

27. For the purposes of the List of Tariff Provisions and the “F” Staging List, the abbreviations “UST”, “MT”, “MUST”, “CT”, “CRT”, “CIAT”, “GPT”, “LDCT”, “CCCT”, “AUT”, “NZT”, “IT”, “NT” and “SLT” refer, respectively, to “United States Tariff”, “Mexico Tariff”, “Mexico–United States Tariff”, “Chile Tariff”, “Costa Rica Tariff”, “Canada–Israel Agreement Tariff”, “General Preferential Tariff”, “Least Developed Country Tariff”, “Commonwealth Caribbean Countries Tariff”, “Australia Tariff”, “New Zealand Tariff”, “Iceland Tariff”, “Norway Tariff” and “Switzerland–Liechtenstein Tariff”.

Iceland Tariff

Marginal note:Application of IT

• 52.1 (1) Subject to section 24, goods that are entitled to the Iceland Tariff are entitled to the Iceland Tariff rates of customs duty.

• Marginal note:“A” final rate

  (2) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “IT” in relation to goods entitled to the Iceland Tariff, the Iceland Tariff rate of customs duty that applies to those goods is the final rate.

• Marginal note:“F” staging for IT

  (3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “IT” in relation to goods entitled to the Iceland Tariff, the Iceland Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.

• Marginal note:Staging for IT

  (4) If “Q1” or “Q2” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “IT” in relation to goods entitled to the Iceland Tariff, the Iceland Tariff rate of customs duty that applies to those goods is the initial rate, reduced

  • (a) if “Q1” is set out,

    • (i) effective on the day that is three years after the day on which this subsection comes into force, to seven eighths of the initial rate,

    • (ii) effective on the day that is four years after the day on which this subsection comes into force, to six eighths of the initial rate,

    • (iii) effective on the day that is five years after the day on which this subsection comes into force, to five eighths of the initial rate,

    • (iv) effective on the day that is six years after the day on which this subsection comes into force, to four eighths of the initial rate,

    • (v) effective on the day that is seven years after the day on which this subsection comes into force, to three eighths of the initial rate,

    • (vi) effective on the day that is eight years after the day on which this subsection comes into force, to two eighths of the initial rate,

    • (vii) effective on the day that is nine years after the day on which this subsection comes into force, to one eighth of the initial rate, and

    • (viii) effective on the day that is 10 years after the day on which this subsection comes into force, to the final rate of “Free”; and

  • (b) if “Q2” is set out,

    • (i) effective on the day that is three years after the day on which this subsection comes into force, to twelve thirteenths of the initial rate,

    • (ii) effective on the day that is four years after the day on which this subsection comes into force, to eleven thirteenths of the initial rate,

    • (iii) effective on the day that is five years after the day on which this subsection comes into force, to ten thirteenths of the initial rate,

    • (iv) effective on the day that is six years after the day on which this subsection comes into force, to nine thirteenths of the initial rate,

    • (v) effective on the day that is seven years after the day on which this subsection comes into force, to eight thirteenths of the initial rate,

    • (vi) effective on the day that is eight years after the day on which this subsection comes into force, to seven thirteenths of the initial rate,

    • (vii) effective on the day that is nine years after the day on which this subsection comes into force, to six thirteenths of the initial rate,

    • (viii) effective on the day that is 10 years after the day on which this subsection comes into force, to five thirteenths of the initial rate,

    • (ix) effective on the day that is 11 years after the day on which this subsection comes into force, to four thirteenths of the initial rate,

    • (x) effective on the day that is 12 years after the day on which this subsection comes into force, to three thirteenths of the initial rate,

    • (xi) effective on the day that is 13 years after the day on which this subsection comes into force, to two thirteenths of the initial rate,

    • (xii) effective on the day that is 14 years after the day on which this subsection comes into force, to one thirteenth of the initial rate, and

    • (xiii) effective on the day that is 15 years after the day on which this subsection comes into force, to the final rate of “Free”.

• Marginal note:Rounding of specific rates

  (5) If a reduction under subsection (3) or (4) results in a specific rate of customs duty that includes a fraction of one tenth of a cent, the rate shall be rounded down to the nearest one tenth of a cent.

• Marginal note:Rounding of amounts

  (6) If a reduction under subsection (3) or (4) results in a rate of customs duty that includes a fraction of one per cent other than 0.5, the resulting percentage shall be rounded down to the nearest percentage that divides evenly by 0.5.

• Marginal note:Elimination of rates of less than two per cent

  (7) If a reduction under subsection (3) or (4) results in a rate of customs duty that is a percentage of less than two per cent, the rate shall be further reduced to “Free” immediately.

Norway Tariff

Marginal note:Application of NT

• 52.2 (1) Subject to section 24, goods that are entitled to the Norway Tariff are entitled to the Norway Tariff rates of customs duty.

• Marginal note:“A” final rate

  (2) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “NT” in relation to goods entitled to the Norway Tariff, the Norway Tariff rate of customs duty that applies to those goods is the final rate.

• Marginal note:“F” staging for NT

  (3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “NT” in relation to goods entitled to the Norway Tariff, the Norway Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.

• Marginal note:Staging for NT

  (4) If “Q1” or “Q2” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “NT” in relation to goods entitled to the Norway Tariff, the Norway Tariff rate of customs duty that applies to those goods is the initial rate, reduced

  • (a) if “Q1” is set out,

    • (i) effective on the day that is three years after the day on which this subsection comes into force, to seven eighths of the initial rate,

    • (ii) effective on the day that is four years after the day on which this subsection comes into force, to six eighths of the initial rate,

    • (iii) effective on the day that is five years after the day on which this subsection comes into force, to five eighths of the initial rate,

    • (iv) effective on the day that is six years after the day on which this subsection comes into force, to four eighths of the initial rate,

    • (v) effective on the day that is seven years after the day on which this subsection comes into force, to three eighths of the initial rate,

    • (vi) effective on the day that is eight years after the day on which this subsection comes into force, to two eighths of the initial rate,

    • (vii) effective on the day that is nine years after the day on which this subsection comes into force, to one eighth of the initial rate, and

    • (viii) effective on the day that is 10 years after the day on which this subsection comes into force, to the final rate of “Free”; and

  • (b) if “Q2” is set out,

    • (i) effective on the day that is three years after the day on which this subsection comes into force, to twelve thirteenths of the initial rate,

    • (ii) effective on the day that is four years after the day on which this subsection comes into force, to eleven thirteenths of the initial rate,

    • (iii) effective on the day that is five years after the day on which this subsection comes into force, to ten thirteenths of the initial rate,

    • (iv) effective on the day that is six years after the day on which this subsection comes into force, to nine thirteenths of the initial rate,

    • (v) effective on the day that is seven years after the day on which this subsection comes into force, to eight thirteenths of the initial rate,

    • (vi) effective on the day that is eight years after the day on which this subsection comes into force, to seven thirteenths of the initial rate,

    • (vii) effective on the day that is nine years after the day on which this subsection comes into force, to six thirteenths of the initial rate,

    • (viii) effective on the day that is 10 years after the day on which this subsection comes into force, to five thirteenths of the initial rate,

    • (ix) effective on the day that is 11 years after the day on which this subsection comes into force, to four thirteenths of the initial rate,

    • (x) effective on the day that is 12 years after the day on which this subsection comes into force, to three thirteenths of the initial rate,

    • (xi) effective on the day that is 13 years after the day on which this subsection comes into force, to two thirteenths of the initial rate,

    • (xii) effective on the day that is 14 years after the day on which this subsection comes into force, to one thirteenth of the initial rate, and

    • (xiii) effective on the day that is 15 years after the day on which this subsection comes into force, to the final rate of “Free”.

• Marginal note:Rounding of specific rates

  (5) If a reduction under subsection (3) or (4) results in a specific rate of customs duty that includes a fraction of one tenth of a cent, the rate shall be rounded down to the nearest one tenth of a cent.

• Marginal note:Rounding of amounts

  (6) If a reduction under subsection (3) or (4) results in a rate of customs duty that includes a fraction of one per cent other than 0.5, the resulting percentage shall be rounded down to the nearest percentage that divides evenly by 0.5.

• Marginal note:Elimination of rates of less than two per cent

  (7) If a reduction under subsection (3) or (4) results in a rate of customs duty that is a percentage of less than two per cent, the rate shall be further reduced to “Free” immediately.

Switzerland–Liechtenstein Tariff

Marginal note:Application of SLT

• 52.3 (1) Subject to section 24, goods that are entitled to the Switzerland–Liechtenstein Tariff are entitled to the Switzerland–Liechtenstein Tariff rates of customs duty.

• Marginal note:“A” final rate

  (2) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “SLT” in relation to goods entitled to the Switzerland–Liechtenstein Tariff, the Switzerland–Liechtenstein Tariff rate of customs duty that applies to those goods is the final rate.

• Marginal note:“F” staging for SLT

  (3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “SLT” in relation to goods entitled to the Switzerland–Liechtenstein Tariff, the Switzerland–Liechtenstein Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.

• Marginal note:Staging for SLT

  (4) If “Q1” or “Q2” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “SLT” in relation to goods entitled to the Switzerland–Liechtenstein Tariff, the Switzerland–Liechtenstein Tariff rate of customs duty that applies to those goods is the initial rate, reduced

  • (a) if “Q1” is set out,

    • (i) effective on the day that is three years after the day on which this subsection comes into force, to seven eighths of the initial rate,

    • (ii) effective on the day that is four years after the day on which this subsection comes into force, to six eighths of the initial rate,

    • (iii) effective on the day that is five years after the day on which this subsection comes into force, to five eighths of the initial rate,

    • (iv) effective on the day that is six years after the day on which this subsection comes into force, to four eighths of the initial rate,

    • (v) effective on the day that is seven years after the day on which this subsection comes into force, to three eighths of the initial rate,

    • (vi) effective on the day that is eight years after the day on which this subsection comes into force, to two eighths of the initial rate,

    • (vii) effective on the day that is nine years after the day on which this subsection comes into force, to one eighth of the initial rate, and

    • (viii) effective on the day that is 10 years after the day on which this subsection comes into force, to the final rate of “Free”; and

  • (b) if “Q2” is set out,

    • (i) effective on the day that is three years after the day on which this subsection comes into force, to twelve thirteenths of the initial rate,

    • (ii) effective on the day that is four years after the day on which this subsection comes into force, to eleven thirteenths of the initial rate,

    • (iii) effective on the day that is five years after the day on which this subsection comes into force, to ten thirteenths of the initial rate,

    • (iv) effective on the day that is six years after the day on which this subsection comes into force, to nine thirteenths of the initial rate,

    • (v) effective on the day that is seven years after the day on which this subsection comes into force, to eight thirteenths of the initial rate,

    • (vi) effective on the day that is eight years after the day on which this subsection comes into force, to seven thirteenths of the initial rate,

    • (vii) effective on the day that is nine years after the day on which this subsection comes into force, to six thirteenths of the initial rate,

    • (viii) effective on the day that is 10 years after the day on which this subsection comes into force, to five thirteenths of the initial rate,

    • (ix) effective on the day that is 11 years after the day on which this subsection comes into force, to four thirteenths of the initial rate,

    • (x) effective on the day that is 12 years after the day on which this subsection comes into force, to three thirteenths of the initial rate,

    • (xi) effective on the day that is 13 years after the day on which this subsection comes into force, to two thirteenths of the initial rate,

    • (xii) effective on the day that is 14 years after the day on which this subsection comes into force, to one thirteenth of the initial rate, and

    • (xiii) effective on the day that is 15 years after the day on which this subsection comes into force, to the final rate of “Free”.

• Marginal note:Rounding of specific rates

  (5) If a reduction under subsection (3) or (4) results in a specific rate of customs duty that includes a fraction of one tenth of a cent, the rate shall be rounded down to the nearest one tenth of a cent.

• Marginal note:Rounding of amounts

  (6) If a reduction under subsection (3) or (4) results in a rate of customs duty that includes a fraction of one per cent other than 0.5, the resulting percentage shall be rounded down to the nearest percentage that divides evenly by 0.5.

• Marginal note:Elimination of rates of less than two per cent

  (7) If a reduction under subsection (3) or (4) results in a rate of customs duty that is a percentage of less than two per cent, the rate shall be further reduced to “Free” immediately.

Bilateral Emergency Measures — Iceland

Marginal note:Orders by Governor in Council

• 71.2 (1) Subject to subsections (2) to (4), if at any time it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 19.014(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.09) of that Act, that goods that are entitled to the Iceland Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions as to alone constitute a principal cause of serious injury, or a threat of serious injury, to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order

  • (a) suspend, during the period that the order is in effect, any reduction of the rate of customs duty with respect to those goods that would otherwise be made after that time by virtue of section 52.1;

  • (b) in respect of goods on which a customs duty is imposed on a seasonal basis, make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty set out in the List of Tariff Provisions that is in effect in respect of those goods at that time, may not exceed the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before the coming into force of this subsection; and

  • (c) in respect of goods other than goods referred to in paragraph (b), make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the Iceland Tariff that is in effect in respect of those goods at that time, may not exceed the lesser of

    • (i) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before the coming into force of this subsection, and

    • (ii) the Most-Favoured-Nation Tariff rate of customs duty that is in effect in respect of those goods at the time the order is made.

• Marginal note:Terms and conditions

  (2) An order under subsection (1)

  • (a) may not, other than for tariff items referred to in subsection (3), be made more than once during the period beginning on the day on which this subsection comes into force and ending on the day before the day that is five years after the day on which this subsection comes into force in respect of goods of a particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order; and

  • (b) may, other than for tariff items referred to in subsection (3), be made after the expiry of the period referred to in paragraph (a) only if it is based on an agreement between the Government of Canada and the Government of the Republic of Iceland relating to the application of subsection (1).

• Marginal note:Certain tariff items

  (3) An order under subsection (1)

  • (a) may not, in the case of tariff item Nos. 8901.20.90, 8902.00.10, 8905.20.10, 8905.20.20, 8905.90.10 and 8906.90.99, be made more than once during the period beginning on the day that is three years after the day on which this subsection comes into force and ending on the day before the day that is 10 years after the day on which this subsection comes into force in respect of goods of a particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order; and

  • (b) may not, in the case of tariff item Nos. 8901.10.90, 8901.90.99, 8904.00.00, 8905.10.00 and 8905.90.90, be made more than once during the period beginning on the day that is three years after the day on which this subsection comes into force and ending on the day before the day that is 15 years after the day on which this subsection comes into force in respect of goods of a particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order.

• Marginal note:Rate of duty when order ceases to have effect

  (4) If an order made under subsection (1) ceases to have effect in a particular calendar year,

  • (a) the rate of customs duty applicable to the goods after the order ceases to have effect and until December 31 of that year is the rate that would otherwise have been applicable one year after the making of the order, as reduced in accordance with section 52.1; and

  • (b) the rate of customs duty applicable to the goods beginning on January 1 of the following year is the rate specified by the Minister under subsection (5).

• Marginal note:Specification of applicable rate

  (5) For the purposes of subsection (4), the Minister shall, by order, specify that the rate referred to in paragraph (4)(b) is

  • (a) the rate of customs duty that would have been applicable on January 1 of the year following the year in which the order ceases to have effect, if the rate of customs duty had been reduced in accordance with section 52.1, reduced for subsequent years in accordance with that section; or

  • (b) the rate of customs duty that would have been applicable one year after the making of the order, reduced in equal annual stages beginning on January 1 of the year following the year in which the order ceases to have effect and ending on the day on which the rate of customs duty for the goods would otherwise be reduced to the final rate in accordance with section 52.1.

• Definition of “principal cause”

  (6) In this section, “principal cause” means, in respect of a serious injury or threat of serious injury, an important cause that is not less important than any other cause of the serious injury or threat.

• Marginal note:Reference to customs duty in effect

  (7) For the purposes of paragraph (1)(b), the Most-Favoured-Nation Tariff rate of customs duty in effect in respect of a fresh fruit or vegetable is

  • (a) in respect of a fresh vegetable, the rate of customs duty applicable to that vegetable set out in the applicable tariff item referred to in Supplementary Note 2(b) in Chapter 7 of the List of Tariff Provisions; and

  • (b) in respect of a fresh fruit, the rate of customs duty applicable to that fruit set out in the applicable tariff item referred to in Supplementary Note 4(b) in Chapter 8 of the List of Tariff Provisions.

Bilateral Emergency Measures — Norway

Marginal note:Orders by Governor in Council

• 71.3 (1) Subject to subsections (2) to (4), if at any time it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 19.015(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.091) of that Act, that goods that are entitled to the Norway Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions as to alone constitute a principal cause of serious injury, or a threat of serious injury, to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order

  • (a) suspend, during the period that the order is in effect, any reduction of the rate of customs duty with respect to those goods that would otherwise be made after that time by virtue of section 52.2;

  • (b) in respect of goods on which a customs duty is imposed on a seasonal basis, make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty set out in the List of Tariff Provisions that is in effect in respect of those goods at that time, may not exceed the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before the coming into force of this subsection; and

  • (c) in respect of goods other than goods referred to in paragraph (b), make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the Norway Tariff that is in effect in respect of those goods at that time, may not exceed the lesser of

    • (i) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before the coming into force of this subsection, and

    • (ii) the Most-Favoured-Nation Tariff rate of customs duty that is in effect in respect of those goods at the time the order is made.

• Marginal note:Terms and conditions

  (2) An order under subsection (1)

  • (a) may not, other than for tariff items referred to in subsection (3), be made more than once during the period beginning on the day on which this subsection comes into force and ending on the day before the day that is five years after the day on which this subsection comes into force in respect of goods of a particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order; and

  • (b) may, other than for tariff items referred to in subsection (3), be made after the expiry of the period referred to in paragraph (a) only if it is based on an agreement between the Government of Canada and the Government of the Kingdom of Norway relating to the application of subsection (1).

• Marginal note:Certain tariff items

  (3) An order under subsection (1)

  • (a) may not, in the case of tariff item Nos. 8901.20.90, 8902.00.10, 8905.20.10, 8905.20.20, 8905.90.10 and 8906.90.99, be made more than once during the period beginning on the day that is three years after the day on which this subsection comes into force and ending on the day before the day that is 10 years after the day on which this subsection comes into force in respect of goods of a particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order; and

  • (b) may not, in the case of tariff item Nos. 8901.10.90, 8901.90.99, 8904.00.00, 8905.10.00 and 8905.90.90, be made more than once during the period beginning on the day that is three years after the day on which this subsection comes into force and ending on the day before the day that is 15 years after the day on which this subsection comes into force in respect of goods of a particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order.

• Marginal note:Rate of duty when order ceases to have effect

  (4) If an order made under subsection (1) ceases to have effect in a particular calendar year,

  • (a) the rate of customs duty applicable to the goods after the order ceases to have effect and until December 31 of that year is the rate that would otherwise have been applicable one year after the making of the order, as reduced in accordance with section 52.2; and

  • (b) the rate of customs duty applicable to the goods beginning on January 1 of the following year is the rate specified by the Minister under subsection (5).

• Marginal note:Specification of applicable rate

  (5) For the purposes of subsection (4), the Minister shall, by order, specify that the rate referred to in paragraph (4)(b) is

  • (a) the rate of customs duty that would have been applicable on January 1 of the year following the year in which the order ceases to have effect, if the rate of customs duty had been reduced in accordance with section 52.2, reduced for subsequent years in accordance with that section; or

  • (b) the rate of customs duty that would have been applicable one year after the making of the order, reduced in equal annual stages beginning on January 1 of the year following the year in which the order ceases to have effect and ending on the day on which the rate of customs duty for the goods would otherwise be reduced to the final rate in accordance with section 52.2.

• Definition of “principal cause”

  (6) In this section, “principal cause” means, in respect of a serious injury or threat of serious injury, an important cause that is not less important than any other cause of the serious injury or threat.

• Marginal note:Reference to customs duty in effect

  (7) For the purposes of paragraph (1)(b), the Most-Favoured-Nation Tariff rate of customs duty in effect in respect of a fresh fruit or vegetable is

  • (a) in respect of a fresh vegetable, the rate of customs duty applicable to that vegetable set out in the applicable tariff item referred to in Supplementary Note 2(b) in Chapter 7 of the List of Tariff Provisions; and

  • (b) in respect of a fresh fruit, the rate of customs duty applicable to that fruit set out in the applicable tariff item referred to in Supplementary Note 4(b) in Chapter 8 of the List of Tariff Provisions.

• Marginal note:Non-application

  (8) This section does not apply in respect of goods of the territory of Svalbard.

Bilateral Emergency Measures —Switzerland–Liechtenstein

Marginal note:Orders by Governor in Council

• 71.4 (1) Subject to subsections (2) to (4), if at any time it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 19.016(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.092) of that Act, that goods that are entitled to the Switzerland–Liechtenstein Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions as to alone constitute a principal cause of serious injury, or a threat of serious injury, to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order

  • (a) suspend, during the period that the order is in effect, any reduction of the rate of customs duty with respect to those goods that would otherwise be made after that time by virtue of section 52.3;

  • (b) in respect of goods on which a customs duty is imposed on a seasonal basis, make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty set out in the List of Tariff Provisions that is in effect in respect of those goods at that time, may not exceed the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before the coming into force of this subsection; and

  • (c) in respect of goods other than goods referred to in paragraph (b), make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the Switzerland–Liechtenstein Tariff that is in effect in respect of those goods at that time, may not exceed the lesser of

    • (i) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before the coming into force of this subsection, and

    • (ii) the Most-Favoured-Nation Tariff rate of customs duty that is in effect in respect of those goods at the time the order is made.

• Marginal note:Terms and conditions

  (2) An order under subsection (1)

  • (a) may not, other than for tariff items referred to in subsection (3), be made more than once during the period beginning on the day on which this subsection comes into force and ending on the day before the day that is five years after the day on which this subsection comes into force in respect of goods of a particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order; and

  • (b) may, other than for tariff items referred to in subsection (3), be made after the expiry of the period referred to in paragraph (a) only if it is based on an agreement between the Government of Canada and the Government of the Swiss Confederation relating to the application of subsection (1).

• Marginal note:Certain tariff items

  (3) An order under subsection (1)

  • (a) may not, in the case of tariff item Nos. 8901.20.90, 8902.00.10, 8905.20.10, 8905.20.20, 8905.90.10 and 8906.90.99, be made more than once during the period beginning on the day that is three years after the day on which this subsection comes into force and ending on the day before the day that is 10 years after the day on which this subsection comes into force in respect of goods of a particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order; and

  • (b) may not, in the case of tariff item Nos. 8901.10.90, 8901.90.99, 8904.00.00, 8905.10.00 and 8905.90.90, be made more than once during the period beginning on the day that is three years after the day on which this subsection comes into force and ending on the day before the day that is 15 years after the day on which this subsection comes into force in respect of goods of a particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order.

• Marginal note:Rate of duty when order ceases to have effect

  (4) If an order made under subsection (1) ceases to have effect in a particular calendar year,

  • (a) the rate of customs duty applicable to the goods after the order ceases to have effect and until December 31 of that year is the rate that would otherwise have been applicable one year after the making of the order, as reduced in accordance with section 52.3; and

  • (b) the rate of customs duty applicable to the goods beginning on January 1 of the following year is the rate specified by the Minister under subsection (5).

• Marginal note:Specification of applicable rate

  (5) For the purposes of subsection (4), the Minister shall, by order, specify that the rate referred to in paragraph (4)(b) is

  • (a) the rate of customs duty that would have been applicable on January 1 of the year following the year in which the order ceases to have effect, if the rate of customs duty had been reduced in accordance with section 52.3, reduced for subsequent years in accordance with that section; or

  • (b) the rate of customs duty that would have been applicable one year after the making of the order, reduced in equal annual stages beginning on January 1 of the year following the year in which the order ceases to have effect and ending on the day on which the rate of customs duty for the goods would otherwise be reduced to the final rate in accordance with section 52.3.

• Definition of “principal cause”

  (6) In this section, “principal cause” means, in respect of a serious injury or threat of serious injury, an important cause that is not less important than any other cause of the serious injury or threat.

• Marginal note:Reference to customs duty in effect

  (7) For the purposes of paragraph (1)(b), the Most-Favoured-Nation Tariff rate of customs duty in effect in respect of a fresh fruit or vegetable is

  • (a) in respect of a fresh vegetable, the rate of customs duty applicable to that vegetable set out in the applicable tariff item referred to in Supplementary Note 2(b) in Chapter 7 of the List of Tariff Provisions; and

  • (b) in respect of a fresh fruit, the rate of customs duty applicable to that fruit set out in the applicable tariff item referred to in Supplementary Note 4(b) in Chapter 8 of the List of Tariff Provisions.

Marginal note:Goods of tariff item No. 9971.00.00

• 87. (1) Despite subsection 20(2), the value for duty of goods of tariff item No. 9971.00.00 that are entitled to the Iceland Tariff, the Norway Tariff or the Switzerland–Liechtenstein Tariff is the value of the repairs or alterations made to those goods in Iceland, Norway, Switzerland or Liechtenstein, as the case may be.

• Marginal note:Limitation

  (2) Subsection (1) ceases to have effect on the day before the day that is 15 years after the day on which this subsection comes into force.

• (j) for the purpose of tariff item No. 9971.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary, Iceland, Norway, Switzerland or Liechtenstein for repair or alteration may be imported;

• (j.1) for the purpose of tariff item No. 9992.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary for repair or alteration may be imported;