Customs Tariff (S.C. 1997, c. 36)

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Act current to 2018-10-03 and last amended on 2017-09-21. Previous Versions

PART 2Customs Duties (continued)

DIVISION 4Special Measures, Emergency Measures and Safeguards (continued)

Bilateral Emergency Measures — Ukraine

Marginal note:Order by Governor in Council

  •  (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 19.0192(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.098) of that Act, that goods that are entitled to the Ukraine Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, 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 52.5;

    • (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 Ukraine Tariff that is in effect in respect of those goods at that time, is not to 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 Ukraine Tariff that is in effect in respect of those goods at that time, is not to 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:Terms and conditions

    (2) An order referred to in subsection (1)

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

    • (b) remains in effect only for the period, not exceeding three years, that is specified in the order; and

    • (c) may be in effect during the period beginning on the day on which this section comes into force and ending on the day before the seventh anniversary of the day on which this section comes into force.

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

    (3) 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 section 52.5.

  • Marginal note:Definition of principal cause

    (4) 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.

  • 1997, c. 36, s. 75;
  • 2011, c. 24, s. 128;
  • 2017, c. 8, s. 37.

 [Repealed, 2011, c. 24, s. 128]

 [Repealed, 2011, c. 24, s. 128]

 [Repealed, 2011, c. 24, s. 128]

Safeguard Measures in Respect of China

Marginal note:Definitions

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

    market disruption

    désorganisation du marché

    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

    cause importante

    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.

  • 2002, c. 19, s. 7.

Marginal note:Period and repeal

  •  (1) An order made under subsection 77.1(2)

    • (a) subject to section 77.3, has effect for a period specified in the order; and

    • (b) may be amended or repealed at any time by the Governor in Council on the recommendation of the Minister unless, before that time, a resolution directing that the order cease to have effect has been adopted by both Houses of Parliament under section 77.4.

  • Marginal note:Cessation

    (2) If an order is made under subsection 77.1(2) on the basis of a report of the Minister, the order ceases to have effect at the end of the two hundredth day after the day on which the order is made unless, before the order so ceases to have effect, the Canadian International Trade Tribunal reports to the Governor in Council, on the basis of an inquiry made under section 30.21 or 30.22 of the Canadian International Trade Tribunal Act, that the goods described in the report of the Minister 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.

  • 2002, c. 19, s. 7.

Marginal note:Extension order

  •  (1) If, at any time before the expiry of an order with respect to any goods made under this subsection or subsection 77.1(2) or under subsection 5.4(2) or (4) of the Export and Import Permits Act, 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 30.25(7) of the Canadian International Trade Tribunal Act, that an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, make an extension order imposing a surtax on any goods specified in the previous order.

  • Marginal note:Scope and rate

    (2) If an extension order is made under subsection (1),

    • (a) the extension order applies to goods imported into Canada, or any region or part of Canada, specified in the order during the period that the order is in effect; and

    • (b) the rate of the surtax imposed by the extension order must, subject to subsection (3),

      • (i) be at a rate specified in the extension order, or

      • (ii) be at a rate specified in the extension 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 totals specified in the order.

  • Marginal note:Maximum rate

    (3) The rate specified in the extension order 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:Period and repeal of extension orders

    (4) Every extension order made under subsection (1)

    • (a) remains in effect, subject to this section, for the period that is specified in the order; and

    • (b) may, notwithstanding any other provision of this section, be amended or repealed at any time by the Governor in Council on the recommendation of the Minister unless, before that time, a resolution directing that the order cease to have effect has been adopted by both Houses of Parliament under section 77.4.

  • 2002, c. 19, s. 7.
 
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