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Customs Tariff

Version of section 72 from 2003-01-01 to 2011-12-14:


Marginal note:Orders by Governor in Council

  •  (1) Subject to subsection (2), 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 19.011(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.04) of that Act, that goods that are entitled to the Canada–Israel Agreement Tariff are, as a result of that entitlement, being imported into Canada in such increased quantities and under such conditions as to alone constitute a principal cause 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 under the Canada–Israel Agreement Tariff; and

    • (b) make those goods subject to a temporary duty, in addition to any other duties imposed under this Act or any other Act of Parliament relating to customs, at a rate set out in the order, but no such rate may, when added to the rate of customs duty specified in the Canada–Israel Agreement Tariff that is in effect in respect of those goods at that time, 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 or General Preferential Tariff rate of customs duty that was in effect in respect of those goods on January 1, 1997.

  • Marginal note:No order after July 1, 1999

    (2) An order under subsection (1) shall not be made, or remain in effect, after July 1, 1999.

  • Marginal note:Definition of “principal cause”

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


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