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Bilateral Emergency Measures - Chile |
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Non-appli- cation
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60.13 (1) This section does not apply in
respect of textile and apparel goods set out in
Appendix 1.1 of Annex C-00-B of the
Canada-Chile Free Trade Agreement.
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Order by
Governor in
Council
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(2) Subject to this section, 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 19.012(2) of the Canadian
International Trade Tribunal Act or further to
a complaint filed under subsection 23(1.05) of
that Act, that goods of any kind that are
entitled to the benefit of the Chile 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, or a threat of
serious injury, to domestic producers of like or
directly competitive goods, the Governor in
Council may, on the recommendation of the
Minister of Finance, by order,
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Terms and
conditions
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(3) An order under subsection (2)
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Rate of duty
when order
ceases to have
effect
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(4) If an order made under subsection (2)
ceases to have effect in a given calendar year,
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Specification
of applicable
rate
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(5) The Minister of Finance shall, by order,
specify either
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Definition of
``principal
cause''
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(6) In this section, ``principal cause''
means, in respect of a serious injury or threat
of serious injury, an important cause that is no
less important than any other cause of the
serious injury or threat.
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Reference to
customs duty
in effect
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(7) For the purposes of paragraph (2)(b), a
reference to the Most-Favoured-Nation rate of
customs duty in effect with respect to a fresh
fruit or vegetable shall be read as a reference
to
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1994, c. 47,
s. 84
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59. Subsection 60.2(4) of the Act is
replaced by the following:
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Where
emergency
actions taken
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(4) No order shall be made in respect of a
fresh fruit or vegetable under subsection (1)
during any period in which an order made
under subsection 59.1(1), (8) or (11) or
60.1(1) of this Act or subsection 5(3), (3.2) or
(4.1) of the Export and Import Permits Act in
respect of the same fresh fruit or vegetable that
is entitled to the benefit of the United States
Tariff is in force and any such order made
under subsection (1) shall not have any force
or effect during any such period.
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1994, c. 47,
s. 85
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60. Subsection 60.3(4) of the Act is
replaced by the following:
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Application of
special
measures
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(4) Any order made under subsection
59.1(1), (8) or (11) of this Act or subsection
5(3), (3.2) or (4.1) of the Export and Import
Permits Act shall have effect in respect of
goods referred to in subsection (2) only during
any period in which the limits specified under
subsection (3) for those goods have not been
exceeded.
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1993, c. 44,
s. 130
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61. The heading before section 60.4 of the
Act is replaced by the following:
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Bilateral Emergency Measures for Textile and Apparel Goods Imported from a NAFTA Country |
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62. The Act is amended by adding the
following after section 60.4:
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Bilateral Emergency Measures for Textile and Apparel Goods Imported from Chile |
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Order by
Governor in
Council
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60.41 (1) The Governor in Council may, on
the recommendation of the Minister of
Finance, make an order as described in
subsection (2) if it appears to the satisfaction
of the Governor in Council on the basis of
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that textile and apparel goods set out in
Appendix 1.1 of Annex C-00-B of the
Canada-Chile Free Trade Agreement that are
entitled to the benefit of the Chile Tariff are
being imported into Canada in such increased
quantities, in absolute terms or relative to the
domestic market for the goods, and under such
conditions as to cause serious damage or an
actual threat of serious injury to domestic
producers of like or directly competitive
goods.
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Terms of
order
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(2) The order may
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Limit on
amount of
temporary
duty
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(3) The rate of temporary duty imposed
under paragraph (2)(b) must not, when added
to the rate of customs duty specified in
Schedule I for the goods, exceed the lesser of
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Period and
revocation
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(4) Every order made under subsection (1)
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Duration of
order
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(5) If an order is made under subsection (1)
on the basis of a report of the Minister of
Finance, the order ceases to have effect on the
expiration of the one hundred and eightieth
day after the day 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 under subparagraph 26(1)(a)(i.6) 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 Chile under such conditions as to
cause serious damage or an actual threat of
serious damage to domestic producers of like
or directly competitive goods, in which case
the order shall remain in effect for the period,
not exceeding three years, that is specified in
the order.
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Extension of
order
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(6) The Governor in Council may, on the
recommendation of the Minister of Finance,
by order, extend the effective period of an
order made as a result of an inquiry of the
Canadian International Trade Tribunal
referred to in paragraph (1)(b) or an order that
remains in effect as a result of a report of that
Tribunal, as provided in subsection (5), but the
total effective period shall not exceed three
years.
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Rate of duty
after order
ceases to have
effect
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(7) Where an order made under subsection
(1) ceases to have effect in a given calendar
year,
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Specification
of applicable
rate
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(8) The Minister of Finance shall, by order,
specify either
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Further orders
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(9) An order made under subsection (1)
shall not be made more than once during the
period beginning on the day this section
comes into force and ending on June 1, 2003
in respect of goods of a particular kind.
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1996, c. 33,
s. 50
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63. Paragraph 62(1)(c) of the Act is
replaced by the following:
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1996, c. 33,
s. 51
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64. The definition ``customs duties'' in
section 66 of the Act is replaced by the
following:
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``customs
duties'' « droits de douane »
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``customs duties'' means the customs duties
imposed under Part I, other than surtaxes
imposed under section 59, 59.1 or 60.01,
temporary duties imposed under section
60.1, 60.12, 60.13 , 60.2 or 60.41 or
surcharges imposed under section 61;
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1996, c. 33,
s. 52
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65. Subsection 83.01(1) of the Act is
replaced by the following:
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Definition of
``customs
duties''
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83.01 (1) In sections 83.02 and 83.03,
``customs duties'' means any customs duties
imposed on imported goods under Part I, other
than additional customs duties levied under
section 20, or surtaxes imposed under section
59, 59.1 or 60.01, temporary duties imposed
under section 60.1, 60.11, 60.12, 60.13 , 60.2,
60.4 or 60.41 or surcharges imposed under
section 61.
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1996, c. 33,
s. 53
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66. (1) Subparagraph 95(1)(a)(iii) of the
Act is replaced by the following:
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(2) Section 95 of the Act is amended by
adding the following after subsection (2):
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Uniform
Regulations
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(2.1) The Governor in Council may, on the
recommendation of the Minister of Finance,
make regulations for the purpose of the
uniform interpretation, application and
administration of Chapters C and D of the
Canada-Chile Free Trade Agreement and any
other matters that may be agreed on from time
to time by the parties to that Agreement.
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1996, c. 33,
s. 54
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67. Paragraph 100(5)(a) of the Act is
replaced by the following:
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68. Schedule I to the Act is amended by
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69. Code 2957 in Schedule II to the Act is
amended by replacing the expression
``Mexico or the United States'' with the
expression ``Mexico, the United States or
Chile '' wherever the former expression
appears.
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