Customs Tariff

Marginal note:Temporary duty on fresh fruit or vegetables

• 73 (1) Notwithstanding this Act or any other Act of Parliament but subject to subsections (2) to (7), the Minister may, if the Minister is satisfied that the conditions set out in Article 702 of the Canada–United States Free Trade Agreement for the application of a temporary duty on a fresh fruit or vegetable have been met, by order, for the purpose of implementing Canada’s rights under that Agreement and subject to such terms and conditions as may be prescribed, make a fresh fruit or vegetable of heading No. 07.01, 07.02, 07.03, 07.04, 07.05, 07.06 (other than turnips), 07.07, 07.08, 07.09 (other than truffles), 08.09 or 08.10 (other than cranberries and blueberries) or of subheading No. 0806.10 or 0808.20, set out in the order that is entitled to the United States Tariff, when imported into Canada or any region of Canada set out in the order, subject to a temporary duty, in addition to any other duty imposed under this Act or any other Act of Parliament relating to customs, at a rate set out in the order.

• Marginal note:Maximum rate

  (2) No rate of temporary duty imposed under subsection (1) in respect of a fresh fruit or vegetable, when added to any other rate of customs duty specified in the List of Tariff Provisions for that fresh fruit or vegetable, may exceed the lesser of

  • (a) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of the fresh fruit or vegetable in the season for that fresh fruit or vegetable immediately before January 1, 1989, and

  • (b) the Most-Favoured-Nation Tariff rate of customs duty that is in effect in respect of the fresh fruit or vegetable at the time the order is made.

• Marginal note:Temporary duty imposable only once in 12 months

  (3) The temporary duty referred to in subsection (1) may be imposed in respect of a fresh fruit or vegetable only once, in respect of any particular region or on a national basis, in any period of 12 consecutive months.

• Marginal note:If emergency actions taken

  (4) No order may be made in respect of a fresh fruit or vegetable under subsection (1) during any period in which an order made under subsection 55(1), section 60 or subsection 63(1) or 69(2) or under subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act in respect of the same fresh fruit or vegetable is in force.

• Marginal note:Non-application to goods in transit

  (5) Fresh fruit or vegetables that were purchased, before the coming into force of an order made under subsection (1), for importation through a customs office in a region specified in the order in the expectation in good faith that the United States Tariff rate of customs duty applicable to the fresh fruit or vegetables would apply to them and that were in transit to the purchaser in Canada at the time of the coming into force of the order are not subject to the temporary duty specified in the order.

• Marginal note:Repeal if conditions met

  (6) The Minister shall repeal an order made under subsection (1) if the Minister is satisfied that the conditions for the removal of the temporary duty set out in paragraph 4 of Article 702 of the Canada–United States Free Trade Agreement have been met.

• Marginal note:Ceases to have effect

  (7) An order made under subsection (1) ceases to have effect on the earlier of any expiry date set out in the order and the one hundred and eightieth day after the day on which the order is made.

• Marginal note:Reference to customs duty in effect

  (8) For the purposes of the application of paragraphs 2(a) and (b) in respect of fresh fruit or vegetables on which a customs duty is imposed on a seasonal basis, the Most-Favoured-Nation Tariff rate of customs duty in effect in respect of the fresh fruit or vegetables is

  • (a) in respect of fresh vegetables, the rate of customs duty applicable to those vegetables set out in the tariff item referred to in Supplementary Note 2(b) in Chapter 7 of the List of Tariff Provisions; and

  • (b) in respect of fresh fruit, the rate of customs duty applicable to that fruit set out in the tariff item referred to in Supplementary Note 4(b) in Chapter 8 of the List of Tariff Provisions.

• Marginal note:Regulations

  (9) The Governor in Council may, on the recommendation of the Minister, make regulations that are consistent with the Canada–United States Free Trade Agreement for carrying out the purposes of this section and to prescribe anything that, by this section, is to be prescribed.

• Marginal note:Exemption from Statutory Instruments Act

  (10) An order made under subsection (1) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act.

• Marginal note:Publication

  (11) Every order made under subsection (1) must be published in the Canada Gazette.