Customs Tariff (S.C. 1997, c. 36)

Bilateral Emergency Measures — Korea

Marginal note:Order by Governor in Council

• 74 (1) Subject to subsections (3) to (9), 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 19.0191(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.097) of that Act, that goods that are entitled to the Korea 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 49.7;

  • (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 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 Korea 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 for the corresponding season immediately before the order is made, and

    • (ii) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods for the corresponding season 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 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 Korea 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 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:Critical circumstances

  (2) Subject to subsections (3) to (9), if at any time it appears to the satisfaction of the Governor in Council, further to an allegation filed under subsection 30.28(1) of the Canadian International Trade Tribunal Act, that there are critical circumstances resulting from the fact that goods that are entitled to the Korea Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions as to 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 49.7;

  • (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 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 Korea 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 for the corresponding season immediately before the order is made, and

    • (ii) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods for the corresponding season 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 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 Korea 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 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 under subsection (1)

  (3) An order under subsection (1) remains in effect for the period that is specified in the order, which shall not exceed two years. However, if the order results from a complaint filed under subsection 23(1.097) of the Canadian International Trade Tribunal Act and an order under subsection (2) has been made in the context of that complaint, the period shall not exceed two years less the number of days during which the order under subsection (2) was in effect.

• Marginal note:Duration of order under subsection (2)

  (4) An order under subsection (2) ceases to have effect at the beginning of the two-hundredth day after the day on which the order is made.

• Marginal note:Exception — negative determination

  (5) Despite subsection (4), if the inquiry made by the Canadian International Trade Tribunal into the complaint filed under subsection 23(1.097) of the Canadian International Trade Tribunal Act does not result in a finding that the goods that are entitled to the Korea 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,

  • (a) the order made under subsection (2) in the context of the same complaint ceases to have effect on the day that the Governor in Council receives the resulting report of the Canadian International Trade Tribunal under subsection 29(3) of that Act, and

  • (b) the Governor in Council may, on the recommendation of the Minister, by order, refund any surtaxes imposed under the order made under subsection (2).

• Marginal note:Exception — positive determination

  (6) Despite subsection (4), if the inquiry made by the Canadian International Trade Tribunal into the complaint filed under subsection 23(1.097) of the Canadian International Trade Tribunal Act results in a finding that the goods that are entitled to the Korea 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, extend the period of the order made under subsection (2) in the context of the same complaint. The total period of the order is not to exceed two years.

• Marginal note:Extension of order

  (7) The Governor in Council may, on the recommendation of the Minister, by order, extend the period of an order made under subsection (1) or (2), 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 to, and to facilitate the adjustment of, domestic producers of like or directly competitive goods, and that there is evidence that the domestic producers are adjusting. The total period of the order is not to exceed four years.

• Marginal note:Terms and conditions

  (8) An order made under subsection (1) or (2) may be in effect during the period beginning on the day on which this subsection comes into force and ending

  • (a) if the order is in respect of goods for which the Korea Tariff rate of customs duty is reduced to the final rate of “Free” over a period of less than five years, on the day that is ten years after the expiry of the tariff staging period in respect of those goods; and

  • (b) if the order is in respect of goods for which the Korea Tariff rate of customs duty is reduced to the final rate of “Free” over a period of five years or more, on the day that is fifteen years after the coming into force of this subsection.

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

  (9) If an order made under subsection (1) or (2) 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 49.7.

• Marginal note:Definition of principal cause

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

75 [Repealed, 2024, c. 3, s. 36]

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.

76.1 [Repealed, 2011, c. 24, s. 128]

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.

Safeguard Measures in Respect of China

Marginal note:Definitions

• 77.1 (1) The following definitions apply in this section and in sections 77.2 to 77.8.

  market disruption

  market disruption means a rapid increase in the importation of goods that are like or directly competitive with goods produced by a domestic industry, in absolute terms or relative to the production of those goods by a domestic industry, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry. (désorganisation du marché)

  significant cause

  significant cause means, in respect of a material injury or threat thereof, an important cause that need not be as important as, or more important than, any other cause of the material injury or threat. (cause importante)

• Marginal note:Surtax — market disruption

  (2) Subject to section 77.2, if at any time it appears to the satisfaction of the Governor in Council, on the basis of a report of the Minister or of an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.22 of the Canadian International Trade Tribunal Act, that goods originating in the People’s Republic of China are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order, make any such goods, when imported into Canada or a region or part of Canada specified in the order during the period that the order is in effect, subject to a surtax

  • (a) at a rate specified in the order; or

  • (b) at a rate specified in the order that varies from time to time as the quantity of those goods imported into Canada or that region or part of Canada during a period specified in the order equals or exceeds quantities specified in the order.

• Marginal note:Maximum rate

  (3) The rate specified under subsection (2) may not exceed the rate that in the opinion of the Governor in Council is sufficient to prevent or remedy market disruption to domestic producers of like or directly competitive goods.

• Marginal note:Minister’s report

  (4) A report of the Minister referred to in subsection (2) may be made only if there are, in the opinion of the Minister, critical circumstances.

• Marginal note:Inquiry

  (5) If an order is made under subsection (2) on the basis of a report of the Minister, the Governor in Council shall immediately refer the matter to the Canadian International Trade Tribunal for an inquiry under subsection 30.21(1) of the Canadian International Trade Tribunal Act.