NAFTA Marking Determination, Re-determination and Further Re-determination Regulations (SOR/98-49)
Full Document:
- HTMLFull Document: NAFTA Marking Determination, Re-determination and Further Re-determination Regulations (Accessibility Buttons available) |
- XMLFull Document: NAFTA Marking Determination, Re-determination and Further Re-determination Regulations [7 KB] |
- PDFFull Document: NAFTA Marking Determination, Re-determination and Further Re-determination Regulations [132 KB]
Regulations are current to 2024-11-26
NAFTA Marking Determination, Re-determination and Further Re-determination Regulations
SOR/98-49
Registration 1997-12-29
NAFTA Marking Determination, Re-determination and Further Re-determination Regulations
P.C. 1997-2021 1997-12-29
Whereas the proposed NAFTA Marking Determination, Re-determination and Further Re-determination Regulations give effect, in part, to a public announcement made on October 27, 1997 and are therefore, by virtue of paragraph 164(4)(a.2)Footnote a of the Customs ActFootnote b, not required to be published under subsection 164(3) of that Act;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to subsections 57.01(1)Footnote c and 61(2)Footnote d and paragraph 164(1)(i)Footnote e of the Customs ActFootnote b, hereby makes the annexed NAFTA Marking Determination, Re-determination and Further Re-determination Regulations.
Return to footnote aS.C. 1992, c. 28, s. 30(3)
Return to footnote bR.S., c. 1 (2nd Supp.)
Return to footnote cS.C. 1997, c. 36, s. 165
Return to footnote dS.C. 1997, c. 36, s. 166
Return to footnote eS.C. 1992, c. 28, s. 30(1)
Interpretation
1 In these Regulations, Act means the Customs Act. (Loi)
Manner of Making a Determination
2 An officer who is designated by the Minister for the purposes of subsection 57.01(1) of the Act shall determine whether goods imported from a NAFTA country have been marked in the manner referred to in section 35.01 of the Act by reviewing, analyzing or examining any of the following material:
(a) advance rulings given in respect of the goods pursuant to section 43.1 of the Act, or by the customs administration of a NAFTA country other than Canada;
(b) determinations, re-determinations or further re-determinations, made under the Act, in respect of marking, tariff classification or origin of goods imported from a NAFTA country;
(c) decisions made by the Canadian International Trade Tribunal, the Federal Court or the Supreme Court of Canada in respect of goods imported from a NAFTA country;
(d) reports prepared by an officer at the time the goods were examined in accordance with subsection 99(1) of the Act;
(e) samples of the goods taken by an officer in accordance with subsection 99(1) of the Act;
(f) information provided by the person who accounted for the goods pursuant to section 32 of the Act; and
(g) any other material provided by the importer, exporter or producer of the goods in respect of the marking of the goods.
Class of Persons
3 The officer referred to in section 2 shall give notice of the marking determination made in respect of goods imported from a NAFTA country to the importer, exporter and producer of those goods.
4 For the purposes of subsection 61(2) of the Act, the Deputy Minister shall give notice of any re-determination or further re-determination of a marking determination made pursuant to paragraph 61(1)(b) of the Act in respect of goods imported from a NAFTA country to the importer, exporter and producer of those goods.
Repeal
5 [Repeal]
Coming into Force
6 These Regulations come into force on January 1, 1998.
- Date modified: