Administrative Policy – Interpretation of the Term “For Processing” as found in the Chapters 1 to 21 and Tariff Item 9907.00.00.
Memorandum D10-14-69

Ottawa, April 25, 2017

ISSN 2369-2391

This document is also available in PDF (213 Kb) [help with PDF files]

In Brief

This memorandum outlines and explains the interpretation of the term "for processing", as they appear in Chapters 1 to 21 and tariff item 9907.00.00 of the Customs Tariff. This memorandum replaces D10-14-2, Administrative Policy – Tariff Interpretation of Fresh Fruits and Vegetables for Processing.

Guidelines and General Information

Administrative Policy

1. The term "processing" means the conversion, by the domestic manufacturing industry, of materials from their natural, or processed, state to another form or state for subsequent use as human or animal food, nutritional supplements or cosmetics. Examples of conversion processes include; reduction in size, mixing, forming, heating (including cooking), freezing, dehydrating, cleaning, separating, draining, trimming, peeling, dehusking, hulling, shelling, pitting, coring, stemming, silking, centrifuging, filtering, or extraction (by solvents or pressure) or any combination of these.

2. Neither pasteurization nor packaging/repackaging is considered to be a processing operation.

3. The "domestic processing industry" encompasses only commercial enterprises engaged in the processing of materials into prepared human or animal food (excluding enterprises that prepare fresh food products for direct sale to a consumer), nutritional supplements or cosmetic products by carrying out the type of operation(s) listed in paragraph 1 of this memorandum.

4. Shipments of bulk goods imported by a firm engaged in the aforementioned activities will be considered to be "for processing".

5. Such goods will normally have one or more of the following characteristics:

6. CBSA officers may visually examine shipments of goods to verify whether the importation consists of goods for immediate sale or goods destined for processing.

7. Tariff items that contain a "for processing" provision are conditional relief tariff items. Memorandum D11-8-5 - Conditional Relief Tariff Items provides the CBSA's interpretation of such provisions. They may be claimed at time of accounting (paragraphs 17-24 of D11-8-5) despite the required processing not having yet occurred. However, as also explained therein, an importer must be able to demonstrate that the criteria upon which conditional relief was granted has been met when requested by the CBSA (paragraphs 51-55), this applies even in the case of imported goods subsequently sold to a Canadian further processor.

Additional Information

8. Information about the retention of records may be found in D11-8-6, Interpretation of Section 3 of the Imported Goods Records Regulations and information regarding refunds may be found in D6-2-3, Refund of Duties.

9. For more information, within Canada call the Border Information Service at 1-800-461-9999. From outside Canada call 204-983-3500 or 506-636-5064. Long distance charges will apply. Agents are available Monday to Friday (08:00 – 16:00 local time/except holidays). TTY is also available within Canada: 1-866-335-3237.

References

Issuing office:
Trade and Anti-dumping Programs Directorate
Headquarters file:
N/A
Legislative references:
Customs Tariff
Other references:
D6-2-3, D11-8-5, D11-8-6
Superseded memorandum D:
D10-14-2 dated October 28, 2014
Date modified: