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Customs Tariff (S.C. 1997, c. 36)

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Act current to 2022-01-12 and last amended on 2021-06-21. Previous Versions

PART 2Customs Duties (continued)

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

Emergency Measures — CPTPP Countries (continued)

 [Repealed, 2011, c. 24, s. 128]

Emergency Measures for Textile and Apparel Goods Imported from CPTPP Countries

Marginal note:Order by governor in Council

  •  (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.

  • 1997, c. 36, s. 77
  • 2011, c. 24, s. 128
  • 2018, c. 23, s. 44

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

    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.

  • 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

Marginal note:Resolution of Parliament of cessation

 Notwithstanding sections 77.1 to 77.3 and 77.5 to 77.8, if a resolution directing that an order made under subsection 77.1(2), 77.3(1) or 77.6(2) cease to have effect is adopted by both Houses of Parliament, the order ceases to have effect on the day that the resolution is adopted or, if the adopted resolution specifies a day on which the order ceases to have effect, on that specified day.

  • 2002, c. 19, s. 7

Marginal note:Notice in Canada Gazette

 If an order made under

  • (a) subsection 77.1(2) remains in effect by reason of subsection 77.2(2), or

  • (b) subsection 77.1(2), 77.3(1) or 77.6(2) ceases to have effect by reason of a resolution of both Houses of Parliament,

the Minister shall cause a notice to that effect to be published in the Canada Gazette.

  • 2002, c. 19, s. 7

Marginal note:Definitions

  •  (1) The following definitions apply in this section.

    action

    action means

    • (a) any action, including a provisional action, taken

      • (i) by the People’s Republic of China to prevent or remedy market disruption in a WTO Member other than Canada, or

      • (ii) by a WTO Member other than Canada to withdraw concessions under the World Trade Organization Agreement or otherwise to limit imports to prevent or remedy market disruption in that Member caused or threatened by the importation of goods originating in the People’s Republic of China; or

    • (b) any combination of actions referred to in paragraph (a). (mesure)

    WTO Member

    WTO Member means a Member of the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. (membre de l’OMC)

  • Marginal note:Surtax — trade diversion

    (2) If at any time it appears to the satisfaction of the Governor in Council, on the basis of an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.23 of the Canadian International Trade Tribunal Act, that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, the Governor in Council may, on the recommendation of the Minister, by order, make any goods originating in the People’s Republic of China, 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 diversion of trade into the domestic market in Canada.

  • Marginal note:Amendment or repeal

    (4) An order made under subsection (2) 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.

  • 2002, c. 19, s. 7

Marginal note:Regulations

 The Governor in Council may make regulations for carrying out the purposes of sections 77.1 to 77.6 and may, by order, suspend a surtax or rate in whole or in part from application to any goods or any class of goods.

  • 2002, c. 19, s. 7

Marginal note:Decision of Governor in Council final

 The decision of the Governor in Council is final on any question that may arise regarding the application of the surtax or rate imposed under sections 77.1 to 77.6.

  • 2002, c. 19, s. 7

Marginal note:Expiry date

 Sections 77.1 to 77.8 cease to have effect on December 11, 2013.

  • 2002, c. 19, s. 7

Surtaxes

Marginal note:Surtax

  •  (1) If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister, that Canada’s external financial position and its balance of payments are such as to require special measures respecting Canadian imports, the Governor in Council may, by order, subject goods that originate in a country or that are entitled to any tariff treatment under regulations made under section 16, or any class of such goods, to a surtax that is in addition to the duties imposed under this Act.

  • Marginal note:Amount of surtax

    (2) A surtax referred to in subsection (1) may differ in amount for different goods or classes of goods.

  • Marginal note:Order ceases to have effect unless approved by Parliament

    (3) An order the period of which is longer than 180 days ceases to have effect on the one hundred and eightieth day after it is made if Parliament is then sitting or, if Parliament is not then sitting, at the end of the fifteenth sitting day of the next sitting of Parliament, unless before that day the order is approved by a resolution adopted by both Houses of Parliament.

  • Marginal note:Meaning of sitting day

    (4) For the purposes of subsection (3), a day on which either House of Parliament sits is deemed to be a sitting day.

Goods in Transit

Marginal note:Goods in transit

 An order made under any of the following provisions may provide that goods that are in transit to Canada at the time the order comes into force are entitled to the tariff treatment that was applicable to those goods immediately before that time:

  • (a) subsection 53(2);

  • (b) subsection 55(1);

  • (c) section 60;

  • (d) subsection 63(1);

  • (e) [Repealed, 2020, c. 1, s. 197]

  • (f) [Repealed, 2020, c. 1, s. 197]

  • (g) subsection 71.01(1);

  • (h) subsection 71.1(2);

  • (i) subsection 71.41(1);

  • (j) subsection 71.5(1);

  • (k) subsection 71.6(1);

  • (l) subsection 72(2);

  • (m) subsection 73(1);

  • (n) subsection 74(1);

  • (o) subsection 74(2);

  • (p) subsection 75(1).

  • 1997, c. 36, s. 79
  • 2001, c. 28, s. 40
  • 2009, c. 16, ss. 47, 56
  • 2010, c. 4, s. 40
  • 2011, c. 24, s. 129
  • 2012, c. 18, ss. 38, 44, c. 26, ss. 47, 61 to 63
  • 2014, c. 14, s. 45, c. 28, s. 52
  • 2017, c. 8, s. 38
  • 2020, c. 1, s. 197
 
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