Textile and Apparel Extension of Benefit Order (SOR/93-581)

Regulations are current to 2019-07-01

Textile and Apparel Extension of Benefit Order

SOR/93-581

CUSTOMS TARIFF

Registration 1993-12-14

Order Respecting the Extension of the Benefit of the Mexico Tariff and the United States Tariff to Certain Textile and Apparel Goods

The Minister of Finance, pursuant to subsection 25.2(7)Footnote * of the Customs TariffFootnote **, hereby makes the annexed Order respecting the extension of the benefit of the Mexico Tariff and the United States Tariff to certain textile and apparel goods, effective on the day on which subsection 117(3) of An Act to implement the North American Free Trade Agreement, being chapter 44 of the Statutes of Canada, 1993, comes into force.

Ottawa, December 14, 1993

PAUL MARTIN
Minister of Finance

Short Title

 This Order may be cited as the Textile and Apparel Extension of Benefit Order.

Interpretation

 In this Order,

apparel

apparel means goods referred to in Chapters 61 and 62 of Schedule I to the Customs Tariff that are cut or knit to shape and are sewn or otherwise assembled in Mexico or the United States from fabric or yarn produced or obtained outside the free trade area; (vêtements)

fabric and made-up goods

fabric and made-up goods means

  • (a) cotton or man-made fibre fabric or cotton or man-made fibre made-up textile goods referred to in Chapters 52 to 55 of Schedule I to the Customs Tariff, other than goods containing 36% or more by weight of wool or fine animal hair, and in Chapters 58, 60 and 63 of Schedule I to the Customs Tariff that are woven or knitted in Mexico or the United States from yarn produced or obtained outside the free trade area or that are knitted in Mexico or the United States from yarn spun in Mexico or the United States from fibre produced or obtained outside the free trade area, or

  • (b) goods of subheading No. 9404.90 of Schedule I to the Customs Tariff that are finished and cut and sewn or otherwise assembled from fabrics referred to in any of subheading Nos. 5208.11 to 5208.29, 5209.11 to 5209.29, 5210.11 to 5210.29, 5211.11 to 5211.29, 5212.11, 5212.12, 5212.21, 5212.22, 5407.41, 5407.51, 5407.71, 5407.81, 5407.91, 5408.21, 5408.31, 5512.11, 5512.21, 5512.91, 5513.11 to 5513.19, 5514.11 to 5514.19, 5516.11, 5516.21, 5516.31, 5516.41 and 5516.91 of Schedule I to the Customs Tariff that are produced or obtained outside the free trade area; (tissus et articles confectionnés)

free trade area

free trade area means the area comprising Canada, Mexico and the United States; (zone de libre-échange)

spun yarn

spun yarn means cotton or man-made fibre yarns referred to in any of heading Nos. 52.05 to 52.07 or 55.09 to 55.11 of Schedule I to the Customs Tariff that are spun in Mexico or the United States from fibre referred to in any of heading Nos. 52.01 to 52.03 or 55.01 to 55.07 of Schedule I to the Customs Tariff that is produced or obtained outside the free trade area. (filés)

Extension of Benefit

 Subject to section 4, the benefit of the United States Tariff and the Mexico Tariff is extended to apparel, fabric and made-up goods and spun yarn imported into Canada from the United States and Mexico, respectively, in an amount not exceeding the respective annual quantitative limits for each of those goods set out in Schedules 6.B.1, 6.B.2 and 6.B.3 to Appendix 6 of Annex 300-B to Chapter Three of the North American Free Trade Agreement.

 The benefit referred to in section 3 is extended on the condition that the importer or owner provides to the officer, at the request of the officer,

  • (a) at the time that the apparel, fabric and made-up goods or spun yarn referred to in that section are accounted for under subsection 32(1), (3) or (5) of the Customs Act or are the subject of an application for a refund under paragraph 74(1)(c.2) of that Act, a written declaration, in English or French, indicating that the certification referred to in paragraph (b) is in the possession of the importer or owner; and

  • (b) at the time that the apparel, fabric and made-up goods or spun yarn referred to in that section are released, or at any other time after the importer or owner provides a declaration referred to in paragraph (a) in respect of the goods,

    • (i) a certification of the exporter, in English, French or Spanish, containing the statement set out in, and the information requested by, the form set out in the schedule, accompanied by a copy of the applicable invoice or sales agreement, and

    • (ii) where the certification referred to in subparagraph (i) is in Spanish, at the further request of the officer, a translation of the certification into English or French.

 
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