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Application of
staging
provisions
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(7) Where the customs duties imposed on
goods entitled to the benefit of the
Most-Favoured-Nation Tariff are subject to
reduction or removal under subsection 68(2),
the references to Schedule I in this section
shall be interpreted as references to Schedule
II.
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1993, c. 44,
s. 120
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78. Section 33 of the Act is replaced by the
following:
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Goods in
transit
|
33. If, before the date on which an order
made pursuant to paragraph 23(1)(b),
27(1)(b), 28(1)(b), 36(1)(b) or 38(1)(b),
section 49 or 52, paragraph 54(1)(a) or
subsection 59(2), 59.1(1), (8) or (11), 60(1) or
(6.1), 60.1(1), 60.11(2) or 60.4(1) becomes
effective, goods were in transit to Canada, the
goods are entitled to the benefit of the tariff
treatment that was applicable to those goods
before that date if the order specifies that the
tariff treatment shall apply thereto.
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79. Section 46 of the Act is renumbered as
subsection 46(1) and is amended by adding
the following:
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Exception
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(2) Notwithstanding subsection (1), goods
referred to in that subsection are subject to the
rates of customs duty set out with respect to
those goods in the Most-Favoured-Nation
Tariff in Schedule I in cases where those rates
are more than thirty-five per cent or are
equivalent to rates of more than thirty-five per
cent.
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80. Section 53 of the Act is replaced by the
following:
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Application of
tariff
treatment
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53. Subject to sections 53.1 to 57, the rates
of customs duty under Schedule I shall be free
in respect of goods that originate in a country
that is listed in Schedule III as a beneficiary of
the Commonwealth Caribbean Countries
tariff treatment.
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Exception
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53.1 Goods referred to in section 53 are
subject to the rates of customs duty set out
with respect to those goods in the
Most-Favoured-Nation Tariff in Schedule I in
cases where those rates are more than
thirty-five per cent or are equivalent to rates of
more than thirty-five per cent.
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1993, c. 44,
s. 126
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81. (1) The portion of subsection 59.1(1)
of the Act after paragraph (d) is replaced by
the following:
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but no such rate shall, at the maximum, exceed
the rate that in the opinion of the Governor in
Council is sufficient to prevent or remedy
serious injury.
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1993, c. 44,
s. 126
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(2) Subsection 59.1(2) of the Act is
replaced by the following:
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Exception for
certain
agricultural
goods in
certain cases
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(2) No order may be made under
subsection (1), as a result of a report of the
Minister of Finance, with respect to
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(3) Section 59.1 of the Act is amended by
adding the following after subsection (3):
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Prohibition
against further
orders
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(3.1) Subject to subsection (3.2), no order
may be made pursuant to subsection (1) with
respect to goods that have already been the
subject of an order made pursuant to that
subsection or subsection 5(3) of the Export
and Import Permits Act unless, following the
expiration of the order and any related orders
made pursuant to subsection 59.1(8) or (11) of
the Customs Tariff or subsection 5(3.2) or
(4.01) of the Export and Import Permits Act,
there has elapsed a period equal to the greater
of two years and the total period during which
the order or orders were in effect.
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Exception
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(3.2) Where the previous order made
pursuant to subsection (1) was effective with
respect to any goods for a period of one
hundred and eighty days or less, a further order
may be made pursuant to that subsection with
respect to the goods if
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1993, c. 44,
s. 126
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(4) Subsection 59.1(4) of the Act is
replaced by the following:
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Period and
revocation
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(4) Every order made pursuant to
subsection (1)
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1993, c. 44,
s. 126
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(5) Subsections 59.1(5) and (6) of the Act
are replaced by the following:
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Refund orders
|
(4.2) For the purpose of carrying out
Article 6 of the Agreement on Safeguards in
Annex 1A of the World Trade Organization
Agreement, the Governor in Council may, on
the recommendation of the Minister of
Finance, by order, refund any surtaxes paid as
required by an order made pursuant to
paragraph (1)(a).
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Duration of
order
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(5) Where an order is made pursuant to
subsection (1) on the basis of a report of the
Minister of Finance, the order ceases to have
effect on the expiration 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
pursuant to an inquiry made under section 20
or 26 of the Canadian International Trade
Tribunal Act that the goods described in the
report of the Minister of Finance are being
imported into Canada from the country named
in the report under such conditions as to cause
or threaten serious injury to domestic
producers of like or directly competitive
goods, in which case the order shall remain in
effect for such period, not exceeding four
years, as is specified in the order.
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Idem
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(6) Where an order that applies to goods
imported from a NAFTA country is made
pursuant to subsection (1) on the basis of a
report of the Minister of Finance, the order
ceases to have effect with respect to those
goods on the expiration 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
pursuant to the Canadian International Trade
Tribunal Act that the quantity of the goods
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in which case the order shall remain in effect
for such period, not exceeding four years, as is
specified in the order.
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1993, c. 44,
s. 126
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(6) Subsections 59.1(8) to (13) of the Act
are replaced by the following:
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Extension
order
|
(8) Where, at any time before the expiration
of an order with respect to any goods made
pursuant to this subsection, subsection (1) or
(11) of this section or subsection 5(3), (3.2) or
(4.01) 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 section 30.07 of the Canadian
International Trade Tribunal Act, that
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the Governor in Council may, on the
recommendation of the Minister of Finance,
make an extension order imposing a surtax on
any goods specified in the previous order
imported from any country specified in the
extension order.
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Scope and
rate
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(8.1) Where an extension order is made
pursuant to subsection (8),
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Maximum
rate
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(8.2) The rate specified in the extension
order shall not exceed
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Exception for
NAFTA
goods
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(8.3) Notwithstanding subsection (8), no
extension order under subsection (8) may be
made applicable to goods of any kind
imported from a NAFTA country unless it
appears to the satisfaction of the Governor in
Council, pursuant to a report under the
Canadian International Trade Tribunal Act,
that the quantity of such goods
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Period and
revocation of
extension
orders
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(8.4) Every extension order made pursuant
to subsection (8)
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Resolution of
Parliament
revoking
order
|
(9) Notwithstanding anything in this
section, where an order made pursuant to
subsection (1), (8) or (11) remains in effect by
reason of any provision of this section and a
resolution praying that it be revoked is
adopted by both Houses of Parliament, the
order shall cease to have effect on the day that
the resolution is adopted or, if the adopted
resolution specifies a day on which the order
shall cease to have effect, on that specified
day.
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Notice in
Canada
Gazette
|
(10) Where an order made pursuant to
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the Minister of Finance shall cause a notice to
that effect to be published in the Canada
Gazette.
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Surtax on
NAFTA
goods
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(11) Where an order has been made under
subsection (1) or (8) imposing a surtax that
does not apply to goods imported from a
NAFTA country because the quantity of such
goods is not substantial in comparison with the
quantity of goods of the same kind imported
from other countries or because such goods
imported from the NAFTA country alone or,
in exceptional circumstances, together with
goods of the same kind imported from each
other NAFTA country, do not contribute
importantly to the serious injury or threat
thereof to domestic producers of like or
directly competitive goods and the Governor
in Council is satisfied, on the recommendation
of the Minister of Finance made as a result of
an inquiry by the Canadian International
Trade Tribunal, that
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the Governor in Council may, by order, make
any goods of that kind that are imported from
the NAFTA country, when imported into
Canada or any region or part thereof specified
in the order during the period that the order is
in effect, subject to a surtax at a rate specified
in the order, or at a rate specified in the order
that varies from time to time as the quantity of
such goods imported into Canada or that
region or part thereof during a period specified
in the order equals or exceeds totals specified
in the order, but no such rate shall, at the
maximum, exceed the rate that, in the opinion
of the Governor in Council, is sufficient to
prevent the undermining of the effectiveness
of the order under subsection (1) or (8).
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Rate
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(12) The rate of a surtax imposed on goods
imported from a NAFTA country under
subsection (1), (8) or (11) need not be the same
rate as that imposed under subsection (1)
or (8) on goods of the same kind imported
from any other country, but it shall in no case
exceed the rate of surtax imposed under
subsection (1) or (8) on goods of the same kind
imported from any other country.
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Limitation
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(13) Where the Governor in Council makes
an order under subsection (1) or (8) that
applies to goods imported from a NAFTA
country by virtue of subsection (3) or (8.3) or
makes an order under subsection (11), the
Governor in Council shall, in respect of goods
imported from a NAFTA country, be guided
by the provisions of subparagraph 5(b) of
Article 802 of the North American Free Trade
Agreement.
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82. The Act is amended by adding the
following after section 59.1:
|
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Revocation or
amendment of
surtax order
|
59.2 Where at any time it appears to the
satisfaction of the Governor in Council, as a
result of a mid-term review by the Canadian
International Trade Tribunal under
section 19.02 of the Canadian International
Trade Tribunal Act, that an order imposing or
extending the application of a surtax under
section 59.1 should be revoked or amended,
the Governor in Council may, on the
recommendation of the Minister of Finance,
by order, revoke or amend the order.
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83. The Act is amended by adding the
following after section 60:
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