Customs Tariff

Marginal note:Order by Governor in Council

• 76 (1) Subject to subsections (2) to (5), if at any time 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 19.0193(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.082) of that Act, that goods that are entitled to a CPTPP tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury 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 with respect to those goods that would otherwise be made after that time by virtue of the provision of this Act that gives effect to that CPTPP Tariff; and

  • (b) make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the applicable rate of customs duty 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 of customs duty that is in effect in respect of those goods at the time the order is made, and

    • (ii) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before the coming into force of this subsection.

• Marginal note:Duration of order

  (2) An order under subsection (1) remains in effect for the period that is specified in the order, which shall not exceed

  • (a) three years in the case of motor vehicles of heading No. 87.03 imported from Japan; and

  • (b) two years in the case of any other goods.

• Marginal note:Extension of order

  (3) The Governor in Council may, on the recommendation of the Minister, by order, extend the period of an order made under subsection (1), if it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under section 30.07 of the Canadian International Trade Tribunal Act that the order continues to be necessary to prevent or remedy serious injury and to facilitate the adjustment of domestic producers of like or directly competitive goods. The total period of the order is not to exceed

  • (a) five years in the case of motor vehicles of heading No. 87.03 imported from Japan; and

  • (b) three years in the case of any other goods.

• Marginal note:Terms and conditions

  (4) An order made under subsection (1)

  • (a) is not to be made more than once in respect of goods of any particular kind with the exception of motor vehicles of heading No. 87.03 imported from Japan;

  • (b) may be in effect during the period beginning on the day on which this subsection comes into force and ending

    • (i) on the third anniversary of the first day on which the Comprehensive and Progressive Agreement on Trans-Pacific Partnership is in effect, if the order is in respect of goods, other than motor vehicles of heading No. 87.03 imported from Japan, for which the applicable CPTPP tariff rate of customs duty is at its final rate of “Free” on that anniversary,

    • (ii) on the day on which the applicable CPTPP tariff rate of customs duty is reduced to its final rate of “Free”, if the order is in respect of goods, other than motor vehicles of heading No. 87.03 imported from Japan, for which the applicable CPTPP tariff rate of customs duty is not at its final rate of “Free” on the anniversary referred to in subparagraph (i), and

    • (iii) if the order is in respect of motor vehicles of heading No. 87.03 imported from Japan, on the twelfth anniversary of the day on which that CPTPP tariff rate of customs duty for those goods is reduced to the final rate of “Free”.

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

  (5) When an order made under subsection (1) ceases to have effect, the rate of customs duty applicable to the goods is the rate of customs duty that is applicable in accordance with the provision of this Act that gives effect to the CPTPP Tariff to which the goods are entitled.