• c) exempter des personnes ou des marchandises, individuellement ou par catégorie, de l’application du paragraphe (1), sous réserve des éventuelles conditions prévues par le règlement.

Marginal note:Déclaration de l’origine

• 42.2 (1) Dès l’achèvement de la vérification de l’origine en application de l’alinéa 42.1(1)a), l’agent désigné, en application du paragraphe 42.1(1), fournit à l’exportateur ou au producteur des marchandises en cause une déclaration établissant si celles-ci sont admissibles, au titre du Tarif des douanes, au traitement tarifaire préférentiel demandé.

Denial or Withdrawal of Benefit of Preferential Tariff Treatment Under Certain Free Trade Agreements

Definition of “identical goods”

• 42.4 (1) In this section, “identical goods” has the meaning assigned to that expression by the provision, set out in column 2 of Part 2 of the schedule, of an agreement set out in column 1.

• Marginal note:Denial or withdrawal of benefit — specified countries

  (2) Notwithstanding section 24 of the Customs Tariff, the Minister may, subject to any prescribed conditions, deny or withdraw preferential tariff treatment under an agreement set out in column 1 of Part 2 of the schedule in respect of goods for which that treatment is claimed if the exporter or producer of the goods has made false representations that identical goods exported or produced by that exporter or producer and for which that treatment was claimed were eligible for that treatment.

• (b) in the case of goods exported from a country or territory set out in column 1 of Part 3 of the schedule, any matter, other than those referred to in paragraphs (a) and (c), concerning those goods that is set out in the provision set out in column 2; and

• (c.11) the goods were imported from Israel or another CIFTA beneficiary or from a country or territory set out in column 1 of Part 4 of the schedule but no claim for preferential tariff treatment under CIFTA or an agreement set out in column 2, 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:Regulations

  (1.1) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of the uniform interpretation, application and administration of a chapter or provision, set out in column 2 of Part 5 of the schedule, of an agreement set out in column 1 and any other matters that may be agreed on from time to time by the parties to that agreement.

“Canada–Jordan Free Trade Agreement”

« Accord de libre-échange Canada-Jordanie »

“Canada–Jordan Free Trade Agreement” has the same meaning as “Agreement” in section 2 of the Canada–Jordan Economic Growth and Prosperity Act.

“Jordan”

« Jordanie »

“Jordan” means the land territory, the air space and the internal waters and territorial sea over which the Hashemite Kingdom of Jordan exercises sovereignty.

Marginal note:Goods imported from certain countries

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 NAFTA country
• Chile
• Colombia
• Costa Rica
• Iceland
• Jordan
• Liechtenstein
• Norway
• Peru
• Switzerland

• (c) by way of compensation for any action taken under any of the following provisions:

  • (i) subsection 55(1),

  • (ii) section 60,

  • (iii) subsection 63(1),

  • (iv) subsection 69(2),

  • (v) subsection 70(2),

  • (vi) subsection 71(2),

  • (vii) subsection 71.01(1),

  • (viii) subsection 71.1(2),

  • (ix) subsection 71.5(1),

  • (x) subsection 71.6(1),

  • (xi) subsection 72(1),

  • (xii) subsection 75(1),

  • (xiii) subsection 76(1),

  • (xiv) subsection 76.1(1),

  • (xv) subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act.

Marginal note:Abbreviations

27. The following abbreviations, as defined below, apply in the List of Tariff Provisions and the “F” Staging List.

“AUT”

« TAU »

“AUT” refers to the Australia Tariff.

“CCCT”

« TPAC »

“CCCT” refers to the Commonwealth Caribbean Countries Tariff.

“CIAT”

« TACI »

“CIAT” refers to the Canada–Israel Agreement Tariff.

“COLT”

« TCOL »

“COLT” refers to the Colombia Tariff.

“CRT”

« TCR »

“CRT” refers to the Costa Rica Tariff.

“CT”

« TC »

“CT” refers to the Chile Tariff.

“GPT”

« TPG »

“GPT” refers to the General Preferential Tariff.

“IT”

« TI »

“IT” refers to the Iceland Tariff.

“JT”

« TJ »

“JT” refers to the Jordan Tariff.

“LDCT”

« TPMD »

“LDCT” refers to the Least Developed Country Tariff.

“MT”

« TM »

“MT” refers to the Mexico Tariff.

“MUST”

« TMÉU »

“MUST” refers to the Mexico–United States Tariff.

“NT”

« TN »

“NT” refers to the Norway Tariff.

“NZT”

« TNZ »

“NZT” refers to the New Zealand Tariff.

“PT”

« TP »

“PT” refers to the Peru Tariff.

“SLT”

« TSL »

“SLT” refers to the Switzerland–Liechtenstein Tariff.

“UST”

« TÉU »

“UST” refers to the United States Tariff.

Jordan Tariff

Marginal note:Application of JT

• 52.4 (1) Subject to section 24, goods that originate in Jordan are entitled to the Jordan 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 “JT” in relation to goods entitled to the Jordan Tariff, the Jordan Tariff rate of customs duty that applies to those goods is the final rate of “Free”.

• Marginal note:“F” staging for JT

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

• Marginal note:Rounding of specific rates

  (4) If a reduction under subsection (3) 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

  (5) If a reduction under subsection (3) 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

  (6) If a reduction under subsection (3) 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 — Jordan

Marginal note:Order by Governor in Council

• 71.6 (1) Subject to subsections (2) and (3), 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 19.018(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.094) of that Act, that goods that are entitled to the Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities in absolute terms 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 52.4;

  • (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 Jordan 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 is 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 was 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 be made more than twice during the period beginning on the coming into force of this subsection and ending on the date that is 10 years after the coming into force of this subsection 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 be made after the date that is 10 years after the coming into force of this subsection only if it is based on an agreement between the Government of Canada and the Government of Jordan relating to the application of subsection (1).

• Marginal note:Application of measures a second time

  (3) A measure referred to in an order made under subsection (1) may be applied a second time if the period that has elapsed since the initial application of the measure ended is equal to at least two years.

• 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, the rate of customs duty applicable to the goods after the order ceases to have effect is the rate of customs duty that is applicable in accordance with section 52.4.

• Definition of “principal cause”

  (5) 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

  (6) 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.