Bill C-32

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

	39. The Act is amended by adding the following after section 76:
	Bilateral Emergency Measures for Textile and Apparel Goods Imported from Costa Rica
Order by Governor in Council	76.1 (1) If it appears to the satisfaction of the Governor in Council, on the basis of a report of the Minister further to a complaint under subsection 23(1.08) 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.8) of that Act, that textile and apparel goods set out in Appendix III.1.1.1 of Annex III.1 of the Canada - Costa Rica Free Trade Agreement and entitled to the Costa Rica Tariff are being imported 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 damage to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order
	(a) suspend any further reduction of any rate of customs duty in respect of the goods that would otherwise result under section 49.1; or
	(b) impose, in addition to any other duty imposed under this or any other Act of Parliament, a temporary duty on the goods at a rate specified in the order.
Limit on amount of temporary duty	(2) A rate of temporary duty imposed under paragraph (1)(b) may not, when added to the rate of customs duty specified in the List of Tariff Provisions for the goods, exceed the lesser of
	(a) the Most-Favoured-Nation Tariff rate for the goods in effect when the order is made, and
	(b) the Most-Favoured-Nation Tariff rate for the goods in effect on the coming into force of this subsection.
Period	(3) Subject to subsection (4), an order made under subsection (1) remains in effect for a period, not exceeding three years, specified in the order.
Duration of order	(4) If an order is made under subsection (1) on the basis of a report of the Minister, the order ceases to have effect at the end of the one hundred and eightieth 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 subparagraph 26(1)(a)(i.8) of the Canadian International Trade Tribunal Act, that the goods described in the report of the Minister are being imported from the country named in the report under such conditions as to cause or threaten serious damage to domestic producers of like or directly competitive goods.
Extension of order	(5) The Governor in Council may, on the recommendation of the Minister, by order, extend the period of an order made as a result of an inquiry of the Canadian International Trade Tribunal made under subparagraph 26(1)(a)(i.8) of the Canadian International Trade Tribunal Act or an order that remains in effect by virtue of subsection (4) on the basis of a report of that Tribunal, but the total period of the order may not exceed three years.
Rate of duty after order ceases to have effect	(6) If an order made under subsection (1) ceases to have effect in a particular calendar year,
	(a) the rate of customs duty applicable to the goods after the order ceases to have effect and until December 31 of that year is the rate that would have been applicable one year after the making of the order, as reduced in accordance with section 49.1; and
	(b) the rate of customs duty applicable to the goods beginning on January 1 of the following year is the rate specified by the Minister under subsection (7).
Specification of applicable rates	(7) For the purposes of subsection (6), the Minister shall, by order, specify that the rate referred to in paragraph (6)(b) is
	(a) the rate of customs duty that would have been applicable on January 1 of the year following the year in which the order ceases to have effect if the rate of customs duty had been reduced in accordance with section 49.1, reduced to ``Free'' in accordance with that section; or
	(b) the rate of customs duty that would have been applicable one year after the making of the order, reduced to ``Free'' in equal annual stages beginning on January 1 of the year following the year in which the order ceases to have effect and ending on the day on which the rate of customs duty for the goods would otherwise be reduced to ``Free'' in accordance with section 49.1.
Further orders	(8) An order under subsection (1) may not be made more than once during the period beginning on the coming into force of this subsection and ending on the date that is seven years after the coming into force of this subsection in respect of goods of a particular kind.
	40. Section 79 of the Act is replaced by the following:
Goods in transit	79. An order made under subsection 53(2) or 55(1), section 60 or subsection 63(1), 69(2), 70(2), 71.1(2), 72(1), 75(1), 76(1) or 76.1(1) 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.
	41. The definition ``customs duties'' in section 80 of the Act is replaced by the following:
``customs duties'' « droits de douane »	``customs duties'', other than for the purposes of sections 95 and 96, means customs duties imposed under Part 2, other than surtaxes imposed under section 53, 55, 60, 63, 68 or 78 or temporary duties imposed under any of sections 69 to 76.1 .
	42. Subsection 94(1) of the Act is replaced by the following:
Definition of ``customs duties''	94. (1) In sections 95 and 96, ``customs duties'' means customs duties imposed under Part 2, other than additional customs duties levied under section 21, surtaxes imposed under section 53, 55, 60, 63, 68 or 78 or temporary duties imposed under any of sections 69 to 76.1 .
	43. Subparagraph 99(a)(iii) of the Act is replaced by the following:
	(iii) the circumstances in which, and the classes of goods in respect of which, relief of duties levied under section 21 or under the Special Import Measures Act, a surtax imposed under section 53, 55, 60, 63, 68 or 78, a temporary duty imposed under any of sections 69 to 76.1 , a tax levied under the Excise Tax Act or a duty imposed under the Excise Act may not be granted,
	44. Paragraph 113(4)(a) of the Act is replaced by the following:
	(a) the circumstances in which, and the classes of goods in respect of which, a refund or drawback of duties levied under section 21 or under the Special Import Measures Act, a surtax levied under section 53, 55, 60, 63, 68 or 78, a temporary duty levied under any of sections 69 to 76.1 , a tax levied under the Excise Tax Act or a duty levied under the Excise Act may not be granted under subsection (1);
	45. Paragraph 133(j) of the Act is replaced by the following:
	(j) for the purpose of tariff item No. 9971.00.00 or 9992.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary for repair or alteration may be imported;
	46. (1) The List of Tariff Provisions set out in the schedule to the Act is amended by
	(a) adding in the column ``Preferential Tariff / Initial Rate'', below the reference to ``CIAT'', a reference to ``CRT:'';
	(b) adding in the column ``Preferential Tariff / Final Rate'', below the reference to ``CIAT'', a reference to ``CRT:'';
	(c) adding in the column ``Preferential Tariff / Initial Rate'' a reference to ``Free'' after the abbreviation ``CRT'', and adding in the column ``Preferential Tariff / Final Rate'' a reference to ``Free (A)'' after the abbreviation ``CRT'', for all tariff items except those set out in Schedules 1 to 3 to this Act;
	(d) adding in the columns ``Preferential Tariff / Initial Rate'' and ``Preferential Tariff / Final Rate'' a reference to ``N/A'' after the abbreviation ``CRT'' for the tariff items set out in Schedule 1 to this Act; and
	(e) adding in the columns ``Preferential Tariff / Initial Rate'' and ``Preferential Tariff / Final Rate'' after the abbreviation ``CRT'', for each tariff item set out in Schedule 2 to this Act, the rates of duty and staging categories set out with respect to that tariff item No. in that Schedule.
	(2) The Description of Goods of tariff item No. 9929.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to ``imported from the United States, Mexico or Chile'' with a reference to ``imported from the United States, Mexico, Chile or Costa Rica''.
	(3) The Description of Goods of tariff item No. 9938.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to ``certified by the Government of Mexico, the United States or Chile or by any authority in Mexico, the United States or Chile recognized by the Minister of National Revenue'' with a reference to ``certified by the Government of Mexico, the United States, Chile or Costa Rica or by any authority in Mexico, the United States, Chile or Costa Rica recognized by the Minister of National Revenue''.
	(4) The Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to ``exported to the United States, Mexico, Chile or Israel or another CIFTA beneficiary for repair or alteration'' with a reference to ``exported to the United States, Mexico, Chile, Costa Rica or Israel or another CIFTA beneficial for repair or alteration''.
	(5) The Description of Goods of tariff item No. 9990.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by
	(a) replacing the reference to ``Commercial samples imported from the United States, Mexico or Chile'' with a reference to ``Commercial samples imported from the United States, Mexico, Chile or Costa Rica''; and
	(b) replacing, in paragraph (i), the reference to ``in Canadian, Chilean or Mexican currency'' with a reference to ``in Canadian, Chilean, Mexican or Costa Rican currency''.
	(6) The Description of Goods of tariff item No. 9992.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to ``exported to the United States, Mexico, Chile, or Israel or another CIFTA beneficiary for repair or alteration'' with a reference to ``exported to the United States, Mexico, Chile, Costa Rica, or Israel or another CIFTA beneficiary for repair or alteration''.
	(7) The List of Intermediate and Final Rates for Tariff Items of the ``F'' Staging Category set out in the schedule to the Act is amended by
	(a) deleting tariff item No. 3921.90.12; and
	(b) adding, in numerical order, the tariff items set out in Schedule 3 to this Act.
R.S., c. E-19	Export and Import Permits Act
	47. *(1) Subsection 2(1) of the Export and Import Permits Act* is amended by adding the following in alphabetical order:**
``CCRFTA'' « ALÉCCR »	``CCRFTA'' has the same meaning as ``Agreement'' in subsection 2(1) of the Canada - Costa Rica Free Trade Agreement Implementation Act;
``Costa Rica'' « Costa Rica »	``Costa Rica'' has the same meaning as in subsection 2(1) of the Customs Tariff;
1997, c. 14, s. 70(3)	(2) Subsection 2(2) of the Act is replaced by the following:
Goods imported from a NAFTA country, Chile or Costa Rica	(2) For the purposes of this Act, goods are imported from a NAFTA country, from Chile or from Costa Rica if they are shipped directly to Canada from the NAFTA country, from Chile or from Costa Rica , as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.
1997, c. 14, s. 73	48. Subsections 5.2(1) and (2) of the Act are replaced by the following:
Addition to Export Control List or Import Control List	5.2 (1) If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to the exportation or importation of any goods in respect of which a specified quantity is eligible each year for the rate of duty provided for in the Schedules to Annex 302.2 of NAFTA in accordance with Appendix 6 of Annex 300-B of NAFTA, for the rate of duty provided for in the Schedules to Annex C-02.2 of CCFTA in accordance with Appendix 5.1 of Annex C-00-B of CCFTA or for the rate of duty provided for in the Schedule to Annex III.3.1 of CCRFTA in accordance with Appendix III.1.6.1 of Annex III.1 of CCRFTA , as the case may be, the Governor in Council may, by order and without reference to that quantity, include those goods on the Export Control List or the Import Control List, or on both, in order to facilitate the collection of that information.
Addition to Import Control List	(2) If at any time it appears to the satisfaction of the Governor in Council that, for the purposes of implementing NAFTA, CCFTA or CCRFTA it is advisable to collect information with respect to the importation into Canada of any goods listed in Appendix 1.1 of Annex 300-B of NAFTA, in Appendix 1.1 of Annex C-00-B of CCFTA or in Appendix III.1.1.1 of Annex III.1 of CCRFTA as the case may be, the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information.
1997, c. 14, s. 74, c. 36, s. 210	49. Section 6.1 of the Act is replaced by the following:
Definition of ``originating goods''	6.1 (1) In this section, ``originating goods'' means goods that are entitled under the Customs Tariff to the United States Tariff, the Mexico Tariff, the Mexico - United States Tariff, the Chile Tariff or the Costa Rica Tariff .
When Minister may take measures	(2) If at any time it appears to the satisfaction of the Minister that any goods that are referred to in paragraph (a) or (b) and are not originating goods are being imported from a NAFTA country, from Chile or from Costa Rica , as the case may be, in such increased quantities, measured in absolute terms or relative to the domestic market, and under such conditions as to cause serious damage or actual threat of serious damage to domestic producers of like or directly competitive goods, the Minister may take the measures set out
	(a) in the case of goods listed in Appendix 1.1 of Annex 300-B of NAFTA that are imported from a NAFTA country, in section 5 of that Annex in relation to those goods;
	(b) in the case of goods listed in Appendix 1.1 of Annex C-00-B of CCFTA that are imported from Chile, in section 4 of that Annex in relation to those goods; and
	(c) in the case of goods listed in Appendix III.1.1.1 of Annex III.1 of CCRFTA that are imported from Costa Rica, in section 5 of that Annex in relation to those goods.
Factors to be considered	(3) In determining whether the conditions referred to in subsection (2) exist, the Minister shall have regard to paragraph 2 of section 4 of Annex 300-B of NAFTA, paragraph 2 of section 3 of Annex C-00-B of CCFTA or paragraph 2 of section 4 of Annex III.1 of CCRFTA , as the case may be.
1997, c. 14, s. 77	50. Section 9.1 of the Act is replaced by the following:
Minister may issue certificate	9.1 The Minister may, for the purpose of implementing an intergovernmental arrangement with a NAFTA country respecting the administration of Appendix 6 to Annex 300-B of NAFTA, with Chile respecting the administration of Appendix 5.1 to Annex C-00-B of CCFTA or with Costa Rica respecting the administration of Appendix III.1.6.1 to Annex III.1 of CCRFTA , issue a certificate with respect to an exportation of goods to the NAFTA country, to Chile or to Costa Rica , as the case may be, stating the specific quantity of those goods that
	(a) in the case of an exportation of goods to the NAFTA country, on importation into the NAFTA country is eligible for the rate of duty provided for in the Schedules to Annex 302.2 of NAFTA in accordance with Appendix 6 to Annex 300-B of NAFTA;
	(b) in the case of an exportation of goods to Chile, on importation into Chile is eligible for the rate of duty provided for in the Schedules to Annex C-02.2 of CCFTA in accordance with Appendix 5.1 to Annex C-00-B of CCFTA; and
	(c) in the case of an exportation of goods to Costa Rica, on importation into Costa Rica is eligible for the rate of duty provided for in the Schedules to Annex III.3.1 of CCRFTA in accordance with Appendix III.1.6.1 to Annex III.1 of CCRFTA.

Bill C-32

Export and Import Permits Act