“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, 77.1, 77.3, 77.6 or 78 or temporary duties imposed under any of sections 69 to 76.

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, 77.1, 77.3, 77.6 or 78 or temporary duties imposed under any of sections 69 to 76.

• (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, 77.1, 77.3, 77.6 or 78, a temporary duty imposed under any of sections 69 to 76, a tax levied under the Excise Tax Act or a duty imposed under the Excise Act may not be granted,

• (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, 77.1, 77.3, 77.6 or 78, a temporary duty levied under any of sections 69 to 76, a tax levied under the Excise Tax Act or a duty levied under the Excise Act may not be granted under subsection (1);

• Marginal note:Application of definition in regulations

  (2) Any regulations made under paragraph 40(b) of the Canadian International Trade Tribunal Act defining “like or directly competitive goods” apply for the purposes of sections 5 and 5.4.

Marginal note:Definitions

• 5.4 (1) The following definitions apply in this section.

  “action”

  « mesure »

  “action” means

  • (a) any action, including a provisional action, taken

    • (i) by the People’s Republic of China to prevent or remedy market disruption in a WTO Member other than Canada, or

    • (ii) by a WTO Member other than Canada to withdraw concessions under the World Trade Organization Agreement or otherwise to limit imports to prevent or remedy market disruption in that Member caused or threatened by the importation of goods originating in the People’s Republic of China; or

  • (b) any combination of actions referred to in paragraph (a).

  “market disruption”

  « désorganisation du marché »

  “market disruption” means a rapid increase in the importation of goods that are like or directly competitive with goods produced by a domestic industry, in absolute terms or relative to the production of those goods by a domestic industry, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry.

  “significant cause”

  « cause importante »

  “significant cause” means, in respect of a material injury or threat thereof, an important cause that need not be as important as, or more important than, any other cause of the material injury or threat.

  “WTO Member”

  « membre de l’OMC »

  “WTO Member” means a Member of the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994.

• Marginal note:Addition to Import Control List — market disruption

  (2) If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.22 of the Canadian International Trade Tribunal Act, that goods originating in the People’s Republic of China are being imported or are likely to be imported into Canada in such increased quantities or under such conditions that they cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, those goods may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such goods to the extent and for the period that in the opinion of the Governor in Council is necessary to prevent or remedy the market disruption.

• Marginal note:Addition to Import Control List — trade diversion

  (3) If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.23 of the Canadian International Trade Tribunal Act, that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, any goods originating in the People’s Republic of China may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such goods to the extent that is necessary to prevent or remedy the trade diversion.

• Marginal note:Extension order

  (4) The Governor in Council may, on the recommendation of the Minister, make an extension order including on the Import Control List any goods with respect to which an order has been made under this subsection or subsection (2) or under section 77.1 or 77.3 of the Customs Tariff if, at any time before the order expires, it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 30.25(7) of the Canadian International Trade Tribunal Act, that an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods.

• Marginal note:Repeal or amendment of inclusion order

  (5) If at any time it appears to the satisfaction of the Governor in Council that an order including any goods on the Import Control List under subsection (2), (3) or (4) should be repealed or amended, the Governor in Council may, on the recommendation of the Minister, by order, repeal or amend the order.

• Marginal note:Addition to Import Control List

  (6) If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made as described in subsection (2), that goods originating in the People’s Republic of China are being imported or are likely to be imported into Canada at such prices, in such quantities or under such conditions as to make it advisable to collect information with respect to the importation of those goods in order to ascertain whether the importation is causing or threatening to cause market disruption to domestic producers of like or directly competitive goods, those goods may, by order of the Governor in Council, be included on the Import Control List in order to facilitate the collection of that information.

• Marginal note:Addition to Import Control List

  (7) If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made as described in subsection (3), that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada so as to make it advisable to collect information with respect to goods originating in the People’s Republic of China in order to ascertain whether the action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, those goods may, by order of the Governor in Council, be included on the Import Control List in order to facilitate the collection of that information.

• Marginal note:Addition to Import Control List

  (8) If, for the purpose of facilitating the implementation of an order made under section 77.1, 77.3 or 77.6 of the Customs Tariff, the Governor in Council considers it necessary to control the importation of goods originating in the People’s Republic of China or collect information with respect to their importation, the Governor in Council may, by order, include those goods on the Import Control List for that purpose.

• Marginal note:Goods deemed to be removed from List

  (9) If goods are included on the Import Control List by order of the Governor in Council under subsection (8), the goods shall be deemed to be removed from that List on the earlier of

  • (a) the day, if any, specified in that order, and

  • (b) the day on which the order made under section 77.1, 77.3 or 77.6 of the Customs Tariff ceases to have effect or is repealed pursuant to section 77.2, 77.3 or 77.4 of that Act, as the case may be.

• Marginal note:Expiry date

  (10) Subsections (1) to (9) cease to have effect on December 11, 2013.

• Marginal note:Import permits

  (2) Notwithstanding subsection (1) and any regulation made under section 12 that is not compatible with the purpose of this subsection, if goods are included on the Import Control List solely for the purpose of collecting information pursuant to subsection 5(4.3), (5) or (6) or 5.4(6), (7) or (8), the Minister shall issue to any resident of Canada applying therefor a permit to import those goods, subject only to compliance with and the application of any regulations made under section 12 that it is reasonably necessary to comply with or apply in order to achieve that purpose.