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

Regulations are current to 2024-05-01

NAFTA Marking Determination, Re-determination and Further Re-determination Regulations

SOR/98-49

CUSTOMS ACT

Registration 1997-12-29

NAFTA Marking Determination, Re-determination and Further Re-determination Regulations

P.C. 1997-2021 1997-12-29

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

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to subsections 57.01(1)Footnote c and 61(2)Footnote d and paragraph 164(1)(i)Footnote e of the Customs ActFootnote b, hereby makes the annexed NAFTA Marking Determination, Re-determination and Further Re-determination Regulations.

Interpretation

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

Manner of Making a Determination

 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:

  • (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;

  • (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;

  • (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;

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

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

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

  • (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

 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.

 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

 [Repeal]

Coming into Force

 These Regulations come into force on January 1, 1998.

 

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