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Customs Tariff

Version of section 77 from 2018-12-30 to 2022-11-16:


Marginal note:Order by governor in Council

  •  (1) Subject to subsections (2) to (5), if at any time it appears to the satisfaction of the Governor in Council, on the basis of a report of the Minister further to a complaint filed under subsection 23(1.083) 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.83) of that Act, that textile or apparel goods set out in Annex 4-A of the TPP, as defined in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act, 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 the domestic market for that good, 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 make those goods subject to a temporary duty, in addition to any other duty specified in this Act or 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 specified in the CPTPP Tariff that is in effect in respect of those goods at that time, may not exceed the lesser of

    • (a) 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

    • (b) 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 two years.

  • 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). The total period of the order is not to exceed four years.

  • 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; and

    • (b) may be in effect during the period beginning on the day on which this subsection comes into force and ending on the fifth anniversary of the day on which the CPTPP rate of customs duty on 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.

  • 1997, c. 36, s. 77
  • 2011, c. 24, s. 128
  • 2018, c. 23, s. 44
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