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Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act (S.C. 2018, c. 23)

Assented to 2018-10-25

PART 2Related Amendments and Transitional Provision (continued)

Related Amendments (continued)

1997, c. 36Customs Tariff (continued)

 The Act is amended by adding the following after section 75:

Emergency Measures — CPTPP Countries

Marginal note:Order by Governor in Council

  • 76 (1) Subject to subsections (2) to (5), 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 19.0193(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.082) of that Act, that goods that are entitled to a CPTPP tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause 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 the provision of this Act that gives effect to that CPTPP Tariff; and

    • (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 applicable rate of customs duty 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 at the time the order is made, and

      • (ii) 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.

  • Marginal note:Duration of order

    (2) An order under subsection (1) remains in effect for the period that is specified in the order, which shall not exceed

    • (a) three years in the case of motor vehicles of heading No. 87.03 imported from Japan; and

    • (b) two years in the case of any other goods.

  • Marginal note:Extension of order

    (3) The Governor in Council may, on the recommendation of the Minister, by order, extend the period of an order made under subsection (1), if it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under section 30.07 of the Canadian International Trade Tribunal Act that the order continues to be necessary to prevent or remedy serious injury and to facilitate the adjustment of domestic producers of like or directly competitive goods. The total period of the order is not to exceed

    • (a) five years in the case of motor vehicles of heading No. 87.03 imported from Japan; and

    • (b) three years in the case of any other goods.

  • Marginal note:Terms and conditions

    (4) An order made under subsection (1)

    • (a) is not to be made more than once in respect of goods of any particular kind with the exception of motor vehicles of heading No. 87.03 imported from Japan;

    • (b) may be in effect during the period beginning on the day on which this subsection comes into force and ending

      • (i) on the third anniversary of the first day on which the Comprehensive and Progressive Agreement on Trans-Pacific Partnership is in effect, if the order is in respect of goods, other than motor vehicles of heading No. 87.03 imported from Japan, for which the applicable CPTPP tariff rate of customs duty is at its final rate of “Free” on that anniversary,

      • (ii) on the day on which the applicable CPTPP tariff rate of customs duty is reduced to its final rate of “Free”, if the order is in respect of goods, other than motor vehicles of heading No. 87.03 imported from Japan, for which the applicable CPTPP tariff rate of customs duty is not at its final rate of “Free” on the anniversary referred to in subparagraph (i), and

      • (iii) if the order is in respect of motor vehicles of heading No. 87.03 imported from Japan, on the twelfth anniversary of the day on which that CPTPP tariff rate of customs duty for those goods is reduced to the final rate of “Free”.

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

    (5) When an order made under subsection (1) ceases to have effect, the rate of customs duty applicable to the goods is the rate of customs duty that is applicable in accordance with the provision of this Act that gives effect to the CPTPP Tariff to which the goods are entitled.

Emergency Measures for Textile and Apparel Goods Imported from CPTPP Countries

Marginal note:Order by governor in Council

  • 77 (1) Subject to subsections (2) to (5), if at any time it appears to the satisfaction of the Governor in Council, on the basis of a report of the Minister further to a complaint filed under subsection 23(1.083) of the Canadian International Trade Tribunal Act or as a result of an inquiry made by the Canadian International Trade Tribunal under subparagraph 26(1)(a)(i.83) of that Act, that textile or apparel goods set out in Annex 4-A of the TPP, as defined in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act, that are entitled to a CPTPP tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic market for that good, and under such conditions as to cause serious damage or an actual threat of serious damage to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order make those goods subject to a temporary duty, in addition to any other duty specified in this Act or any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the applicable rate of customs duty specified in the CPTPP Tariff that is in effect in respect of those goods at that time, may not exceed the lesser of

    • (a) 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, and

    • (b) 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.

  • Marginal note:Duration of order

    (2) An order under subsection (1) remains in effect for the period that is specified in the order, which shall not exceed two years.

  • Marginal note:Extension of order

    (3) The Governor in Council may, on the recommendation of the Minister, by order, extend the period of an order made under subsection (1). The total period of the order is not to exceed four years.

  • Marginal note:Terms and conditions

    (4) An order made under subsection (1)

    • (a) is not to be made more than once in respect of goods of any particular kind; and

    • (b) may be in effect during the period beginning on the day on which this subsection comes into force and ending on the fifth anniversary of the day on which the CPTPP rate of customs duty on those goods is reduced to the final rate of “Free”.

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

    (5) When an order made under subsection (1) ceases to have effect, the rate of customs duty applicable to the goods is the rate of customs duty that is applicable in accordance with the provision of this Act that gives effect to the CPTPP Tariff to which the goods are entitled.

 Section 87 of the Act is amended by adding the following after subsection (6):

  • Marginal note:Goods of tariff item No. 9971.00.00 — CPTPP country

    (7) Despite subsection 20(2), the value for duty of goods of tariff item No. 9971.00.00 that are entitled to a CPTPP tariff is the value of the repairs or alterations made to those goods in a CPTPP country.

  •  (1) Paragraph 133(j) of the Act is amended by adding, in alphabetical order, a reference to “CPTPP country” in the list of countries.

  • (2) Paragraph 133(j.1) of the Act is amended by adding, in alphabetical order, a reference to “CPTPP country” in the list of countries.

  •  (1) The List of Tariff Provisions set out in the schedule to the Act is amended by

    • (a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “GPT”, a reference to “CPTPT:”;

    • (b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “GPT”, a reference to “CPTPT:”;

    • (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “CPTPT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “CPTPT”, for all tariff items except those set out in Schedules 1 to 3 to this Act;

    • (d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “CPTPT” for the tariff items set out in Schedule 1 to this Act; and

    • (e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “CPTPT”, for each tariff item set out in Schedule 2 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.

  • (2) The List of Tariff Provisions set out in the schedule to the Act is amended by

    • (a) adding in the column “Preferential Tariff / Initial Rate”, below the reference to “CPTPT”, a reference to “CPAUT:”;

    • (b) adding in the column “Preferential Tariff / Final Rate”, below the reference to “CPTPT”, a reference to “CPAUT:”;

    • (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “CPAUT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “CPAUT”, for all tariff items except those set out in Schedules 1, 3 and 4 to this Act;

    • (d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “CPAUT” for the tariff items set out in Schedule 1 to this Act; and

    • (e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “CPAUT”, for each tariff item set out in Schedule 4 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.

  • (3) The List of Tariff Provisions set out in the schedule to the Act is amended by

    • (a) adding in the column “Preferential Tariff / Initial Rate”, below the reference to “CPAUT”, a reference to “CPBNT:”;

    • (b) adding in the column “Preferential Tariff / Final Rate”, below the reference to “CPAUT”, a reference to “CPBNT:”;

    • (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “CPBNT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “CPBNT”, for all tariff items except those set out in Schedules 1, 3 and 5 to this Act;

    • (d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “CPBNT” for the tariff items set out in Schedule 1 to this Act; and

    • (e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “CPBNT”, for each tariff item set out in Schedule 5 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.

  • (4) The List of Tariff Provisions set out in the schedule to the Act is amended by

    • (a) adding in the column “Preferential Tariff / Initial Rate”, below the reference to “CPBNT”, a reference to “CPCLT:”;

    • (b) adding in the column “Preferential Tariff / Final Rate”, below the reference to “CPBNT”, a reference to “CPCLT:”;

    • (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “CPCLT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “CPCLT”, for all tariff items except those set out in Schedules 1, 3 and 6 to this Act;

    • (d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “CPCLT” for the tariff items set out in Schedule 1 to this Act; and

    • (e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “CPCLT”, for each tariff item set out in Schedule 6 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.

  • (5) The List of Tariff Provisions set out in the schedule to the Act is amended by

    • (a) adding in the column “Preferential Tariff / Initial Rate”, below the reference to “CPCLT”, a reference to “CPJPT:”;

    • (b) adding in the column “Preferential Tariff / Final Rate”, below the reference to “CPCLT”, a reference to “CPJPT:”;

    • (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “CPJPT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “CPJPT”, for all tariff items except those set out in Schedules 1, 3 and 7 to this Act;

    • (d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “CPJPT” for the tariff items set out in Schedule 1 to this Act; and

    • (e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “CPJPT”, for each tariff item set out in Schedule 7 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.

  • (6) The List of Tariff Provisions set out in the schedule to the Act is amended by

    • (a) adding in the column “Preferential Tariff / Initial Rate”, below the reference to “CPJPT”, a reference to “CPMYT:”;

    • (b) adding in the column “Preferential Tariff / Final Rate”, below the reference to “CPJPT”, a reference to “CPMYT:”;

    • (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “CPMYT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “CPMYT”, for all tariff items except those set out in Schedules 1, 3 and 8 to this Act;

    • (d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “CPMYT” for the tariff items set out in Schedule 1 to this Act; and

    • (e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “CPMYT”, for each tariff item set out in Schedule 8 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.

  • (7) The List of Tariff Provisions set out in the schedule to the Act is amended by

    • (a) adding in the column “Preferential Tariff / Initial Rate”, below the reference to “CPMYT”, a reference to “CPMXT:”;

    • (b) adding in the column “Preferential Tariff / Final Rate”, below the reference to “CPMYT”, a reference to “CPMXT:”;

    • (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “CPMXT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “CPMXT”, for all tariff items except those set out in Schedules 1, 3 and 9 to this Act;

    • (d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “CPMXT” for the tariff items set out in Schedule 1 to this Act; and

    • (e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “CPMXT”, for each tariff item set out in Schedule 9 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.

  • (8) The List of Tariff Provisions set out in the schedule to the Act is amended by

    • (a) adding in the column “Preferential Tariff / Initial Rate”, below the reference to “CPMXT”, a reference to “CPNZT:”;

    • (b) adding in the column “Preferential Tariff / Final Rate”, below the reference to “CPMXT”, a reference to “CPNZT:”;

    • (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “CPNZT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “CPNZT”, for all tariff items except those set out in Schedules 1, 3 and 10 to this Act;

    • (d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “CPNZT” for the tariff items set out in Schedule 1 to this Act; and

    • (e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “CPNZT”, for each tariff item set out in Schedule 10 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.

  • (9) The List of Tariff Provisions set out in the schedule to the Act is amended by

    • (a) adding in the column “Preferential Tariff / Initial Rate”, below the reference to “CPNZT”, a reference to “CPPET:”;

    • (b) adding in the column “Preferential Tariff / Final Rate”, below the reference to “CPNZT”, a reference to “CPPET:”;

    • (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “CPPET”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “CPPET”, for all tariff items except those set out in Schedules 1, 3 and 11 to this Act;

    • (d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “CPPET” for the tariff items set out in Schedule 1 to this Act; and

    • (e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “CPPET”, for each tariff item set out in Schedule 11 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.

  • (10) The List of Tariff Provisions set out in the schedule to the Act is amended by

    • (a) adding in the column “Preferential Tariff / Initial Rate”, below the reference to “CPPET”, a reference to “CPSGT:”;

    • (b) adding in the column “Preferential Tariff / Final Rate”, below the reference to “CPPET”, a reference to “CPSGT:”;

    • (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “CPSGT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “CPSGT”, for all tariff items except those set out in Schedules 1, 3 and 12 to this Act;

    • (d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “CPSGT” for the tariff items set out in Schedule 1 to this Act; and

    • (e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “CPSGT”, for each tariff item set out in Schedule 12 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.

  • (11) The List of Tariff Provisions set out in the schedule to the Act is amended by

    • (a) adding in the column “Preferential Tariff / Initial Rate”, below the reference to “CPSGT”, a reference to “CPVNT:”;

    • (b) adding in the column “Preferential Tariff / Final Rate”, below the reference to “CPSGT”, a reference to “CPVNT:”;

    • (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “CPVNT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “CPVNT”, for all tariff items except those set out in Schedules 1, 3 and 13 to this Act;

    • (d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “CPVNT” for the tariff items set out in Schedule 1 to this Act; and

    • (e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “CPVNT”, for each tariff item set out in Schedule 13 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.

  • (12) The Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by adding, in alphabetical order, a reference to “CPTPP country” in the list of countries.

  • (13) Note 1 to the Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Act is replaced by the following:

    Note 1: The Canada-European Union Tariff, Iceland Tariff, Korea Tariff, Norway Tariff, Switzerland-Liechtenstein Tariff and the CPTPP tariff rate of customs duty applicable to goods classified under this tariff item shall be, in respect of the value of the repair or alteration to the goods carried out only in an EU country or other CETA beneficiary, Iceland, Korea, Norway, Switzerland, Liechtenstein, or a CPTPP country, respectively, determined under section 87 of this Act, in accordance with their classification in Chapters 1 to 97.

  • (14) The Description of Goods of tariff item No. 9990.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by adding, in alphabetical order, a reference to “CPTPP country” in the list of countries.

  • (15) The Description of Goods of tariff item No. 9992.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by adding, in alphabetical order, a reference to “CPTPP country” in the list of countries.

  • (16) Tariff item Nos. 6403.51.00, 6403.59.90 and 6403.99.90 in the List of Tariff Provisions set out in the schedule to the Act are repealed.

  • (17) The List of Tariff Provisions set out in the schedule to the Act is amended by adding, in numerical order, the tariff provisions set out in Schedule 3 to this Act.

 

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