Hyperlawhypertext legal database NAFTA Marking Determination, Re-determination and Further Re-determination Regulations current to 2019-06-21

SOR-98-49 NAFTA Marking Determination, Re-determination and Further Re-determination Regulations

Current to 2019-06-21 · last amended 2006-03-22

Contents
Provision

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) a of the Customs Act b, not required to be published under subsection 164(3) of that Act;

Provision

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to subsections 57.01(1) c and 61(2) d and paragraph 164(1)(i) e of the Customs Act b, hereby makes the annexed NAFTA Marking Determination, Re-determination and Further Re-determination Regulations. S.C. 1992, c. 28, s. 30(3) R.S., c. 1 (2nd Supp.) S.C. 1997, c. 36, s. 165 S.C. 1997, c. 36, s. 166 S.C. 1992, c. 28, s. 30(1)

Interpretation

s. 1

In these Regulations, Act means the Customs Act. (Loi)

Manner of Making a Determination

s. 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:

s. 2(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;

s. 2(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;

s. 2(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;

s. 2(d)

reports prepared by an officer at the time the goods were examined in accordance with subsection 99(1) of the Act;

s. 2(e)

samples of the goods taken by an officer in accordance with subsection 99(1) of the Act;

s. 2(f)

information provided by the person who accounted for the goods pursuant to section 32 of the Act; and

s. 2(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

s. 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.

s. 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

s. 5

[Repeal]

Coming into Force

s. 6

These Regulations come into force on January 1, 1998.