Customs Tariff

Marginal note:Order by Governor in Council

• 73 (1) If it appears to the satisfaction of the Governor in Council, on the basis of a report of the Minister further to a complaint under subsection 23(1.096) of the Canadian International Trade Tribunal Act or as a result of an inquiry made by the Canadian International Trade Tribunal under subparagraph 26(1)(a)(i.96) of that Act, that textile and apparel goods set out in section 1 of Annex 3.1 of the Canada–Honduras Free Trade Agreement and entitled to the Honduras Tariff are being imported in such increased quantities, in absolute terms or relative to the domestic market for the goods, and under such conditions as to cause serious damage or an actual threat of serious damage to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order

  • (a) suspend, during the period that the order is in effect, any reduction of the rate of customs duty in respect of the goods that would otherwise be made after that time by virtue of section 49.6; or

  • (b) make those goods subject to a temporary duty, in addition to any other duty specified in this Act or any other Act of Parliament, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the Honduras Tariff that is in effect in respect of those goods at that time, may not exceed the lesser of

    • (i) the Most-Favoured-Nation Tariff rate for the goods in effect when the order is made, and

    • (ii) the Most-Favoured-Nation Tariff rate for the goods in effect immediately before the coming into force of this subsection.

• Marginal note:Terms and conditions

  (2) Subject to subsection (3), an order made under subsection (1) remains in effect for a period, not exceeding three years, specified in the order.

• Marginal note:Duration of order

  (3) If an order is made under subsection (1) on the basis of a report of the Minister, the order ceases to have effect at the end of the one hundred and eightieth day after the day on which the order is made unless, before the order so ceases to have effect, the Canadian International Trade Tribunal reports to the Governor in Council, on the basis of an inquiry made under subparagraph 26(1)(a)(i.96) of the Canadian International Trade Tribunal Act, that the goods described in the report of the Minister are being imported from the country named in the report under such conditions as to cause or threaten serious damage to domestic producers of like or directly competitive goods.

• Marginal note:Extension of order

  (4) The Governor in Council may, on the recommendation of the Minister, by order, extend the period of an order made as a result of an inquiry of the Canadian International Trade Tribunal made under subparagraph 26(1)(a)(i.96) of the Canadian International Trade Tribunal Act or an order that remains in effect by virtue of subsection (3) on the basis of a report of that Tribunal, but the total period of the order may not exceed three years.

• Marginal note:Rate of duty after order ceases to have effect

  (5) If an order made under subsection (1) ceases to have effect in a particular calendar year,

  • (a) the rate of customs duty applicable to the goods after the order ceases to have effect and until December 31 of that year is the rate that would have been applicable one year after the making of the order, as reduced in accordance with section 49.6; and

  • (b) the rate of customs duty applicable to the goods beginning on January 1 of the following year is the rate specified by the Minister under subsection (6).

• Marginal note:Specification of applicable rates

  (6) For the purposes of subsection (5), the Minister shall, by order, specify that the rate referred to in paragraph (5)(b) is

  • (a) the rate of customs duty that would have been applicable on January 1 of the year after the year in which the order ceases to have effect if the rate of customs duty had been reduced in accordance with section 49.6, reduced for subsequent years in accordance with that section; or

  • (b) the rate of customs duty that would have been applicable one year after the making of the order, reduced in equal annual stages beginning on January 1 of the year after the year in which the order ceases to have effect and ending on the day on which the rate of customs duty for the goods would otherwise be reduced to the final rate in accordance with section 49.6.

• Marginal note:Further orders

  (7) An order under subsection (1) may not be made more than once during the period beginning on the coming into force of this subsection and ending on the date that is five years after the coming into force of this subsection in respect of goods of a particular kind.