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Canada–United States–Mexico Agreement Implementation Act (S.C. 2020, c. 1)

Assented to 2020-03-13

PART 2Related Amendments (continued)

1997, c. 36Customs Tariff (continued)

Marginal note:2011, c. 24, s. 115

187 Subparagraph 24(1)(b)(v) of the Act is replaced by the following:

  • (v) subsection 45(7),

Marginal note:2012, c. 26, s. 63(3)

  • 188 (1) Section 27 of the Act is amended by striking out the following:

    MT

    MT refers to the Mexico Tariff. (TM)

    MUST

    MUST refers to the Mexico–United States Tariff. (TMÉU)

  • (2) Section 27 of the Act is amended by adding the following in alphabetical order:

    MXT

    MXT refers to the Mexico Tariff. (TMX)

189 The heading before section 45 of the Act is replaced by the following:

United States Tariff and Mexico Tariff

190 Subsections 45(3) to (13) of the Act are replaced by the following:

  • Marginal note:“F” staging for UST

    (3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “UST” in relation to goods entitled to the United States Tariff, the United States Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.

  • Marginal note:Application of MXT

    (4) Subject to section 24, goods that are entitled to the Mexico Tariff are entitled to the Mexico Tariff rates of customs duty.

  • Marginal note:“A” final rate for MXT

    (5) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MXT” in relation to goods entitled to the Mexico Tariff, the rate of customs duty that applies to those goods under that Tariff is the final rate of “Free”.

  • Marginal note:“F” staging for MXT

    (6) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MXT” in relation to goods entitled to the Mexico Tariff, the Mexico Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.

  • Marginal note:Extension of UST and MXT

    (7) Despite any other provision of this Act, for the purpose of giving effect to Annex 6-A of the Canada–United States–Mexico Agreement, the Minister may, by order, amend the schedule to extend entitlement to the United States Tariff or the Mexico Tariff to any imported goods under any conditions that are specified in the order.

  • 191 (1) Paragraph 53(2)(c) of the Act is replaced by the following:

    • (c) include on the Import Control List established under section 5 of the Export and Import Permits Act goods that originate in any country or are entitled to a tariff treatment provided for by any regulations made under section 16, or a class of such goods; and

  • (2) Section 53 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Retroactivity

      (3.1) An order made under subsection (2) may, if it so provides, be retroactive and have effect in respect of a period before it is made, but no such order may have effect in respect of a period before this subsection comes into force.

Marginal note:2011, c. 24, s. 124

  • 192 (1) The definition contribute importantly in section 54 of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.

  • (2) The definition contribute importantly in section 54 of the Act is amended by adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries.

  • Marginal note:2011, c. 24, s. 124

    (3) Paragraph (a) of the definition surge in section 54 of the Act is replaced by the following:

    • (a) the United States or Mexico, means a significant increase in imports over the trend for a recent representative base period; or

  • 193 (1) Paragraph 59(1)(b) of the Act is replaced by the following:

    • (b) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, contributes importantly to serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

  • (2) Paragraph 59(2)(b) of the Act is replaced by the following:

    • (b) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

  • (3) Paragraph 59(3)(a) of the Act is replaced by the following:

    • (a) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, that the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, does not contribute importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

194 Subsection 61(2) of the Act is replaced by the following:

  • Marginal note:Limitation

    (2) If the Governor in Council makes an order under subsection 55(1) or 63(1) that applies to goods imported from a free trade partner that meet the conditions set out in subsection 59(1) or 63(4) or makes an order under section 60, the Governor in Council shall be guided, as the case may be, by

    • (a) subparagraph 5(b) of Article 10.2 of the Canada–United States–Mexico Agreement;

    • (b) subparagraph 5(b) of Article F-02 of the Canada–Chile Free Trade Agreement; or

    • (c) subparagraph 5(b) of Article 4.6 of the Canada–Israel Free Trade Agreement.

195 Paragraph 63(4)(b) of the Act is replaced by the following:

  • (b) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

Marginal note:2018, c. 27, ss. 70 and 71

196 The heading before section and sections 69 and 70 of the Act are repealed.

Marginal note:2012, c. 26, s. 63(4)

197 Paragraphs 79(e) and (f) of the Act are repealed.

  • 198 (1) The portion of subsection 95(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Repayment of relief

    • 95 (1) If relief is granted under section 89 or 92 in respect of goods that are subsequently exported to the United States or Mexico,

  • Marginal note:2005, c. 38, par. 145(2)(j)

    (2) Subsections 95(3) to (5) of the Act are replaced by the following:

    • Marginal note:Reduction of amount repayable

      (4) The amount of the customs duties levied under subsection (1) shall be reduced in accordance with subsection (5) if, within 60 days after the goods are exported, evidence satisfactory to the Minister of Public Safety and Emergency Preparedness is submitted to that Minister that customs duties in respect of the exportation of the goods have been paid to the government of the United States or of Mexico.

    • Marginal note:Amount of reduction

      (5) Subject to subsection (4), the amount of customs duties levied under subsection (1) shall be reduced by the amount of customs duties paid to the government of the United States or of Mexico or, if that amount is equal to or greater than the amount of the customs duties levied, the amount levied shall be reduced to zero.

  • (3) Paragraph 95(6)(a) of the Act is replaced by the following:

    • (a) imported goods that originate in the United States or Mexico that are

      • (i) subsequently exported to the United States or Mexico,

      • (ii) used as materials in the production of goods that are subsequently exported to the United States or Mexico, or

      • (iii) substituted by identical or similar goods used as materials in the production of other goods that are subsequently exported to the United States or Mexico;

  • (4) Paragraph 95(6)(d) of the Act is replaced by the following:

    • (d) imported goods used as materials in the production of, or for which identical or similar goods are substituted and used as materials in the production of, quilted cotton piece goods and quilted man-made piece goods provided for under subheading 5811.00 and furniture moving pads provided for under subheading 6307.90, that are exported to the United States and subject to the Most-Favoured-Nation Tariff in accordance with the laws of that country;

  • (5) Subparagraph 95(6)(f)(iv) of the Act is replaced by the following:

    • (iv) used or destined for use, in such other manner as may be prescribed, solely and exclusively in conjunction with a project undertaken jointly by the Government of Canada and the government of the United States or of Mexico, or with a project in Canada undertaken by the government of the United States or of Mexico and destined to become the property of the government of the United States or of Mexico; and

  • (6) Paragraph 95(6)(g) of the Act is replaced by the following:

    • (g) such other imported goods or any imported goods used as materials, or any class of such goods, as may, on the recommendation of the Minister, be prescribed by the Governor in Council on the basis of an agreement between the Government of Canada and the government of the United States or of Mexico relating to the application of this subsection.

  • (7) Subsection 95(7) of the Act is replaced by the following:

    • Marginal note:Definitions of identical or similar goods and used

      (7) In this section, identical or similar goods and used have the same meanings as in paragraph 7 of Article 2.5 of the Canada–United States–Mexico Agreement.

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