Proposed Regulatory Amendments and Proposed New Regulations Related to the Implementation of the Canada-Ukraine Free Trade Agreement (CUFTA)
Customs Notice 17-25

Ottawa,

1. This customs notice announces regulatory amendments and new regulations proposed by the Canada Border Services Agency (CBSA) in support of the implementation of the Canada-Ukraine Free Trade Agreement (CUFTA). It is further proposed that these regulatory amendments and new regulations come into force on , on the condition that the Governor in Council makes them.

Proposed Regulatory Changes

Certification of Origin of Goods Exported to a Free Trade Partner Regulations

2. It is proposed that a new paragraph be added to section 3 of the Certification of Origin of Goods Exported to a Free Trade Partner Regulations to provide that when goods are exported from Canada to Ukraine, the Certificate of Origin be completed in English, French or Ukrainian.

Exporters’ and Producers’ Records Regulations

3. It is proposed that the definition “advance ruling”, set out in the Exporters’ and Producers’ Records Regulations, be amended to include reference to the advance ruling provisions of the CUFTA.

Free Trade Agreement Advance Rulings Regulations

4. It is proposed that paragraph 14(b) of the Free Trade Agreement Advance Rulings Regulations be amended to include reference to goods exported from Ukraine and that a new subparagraph be added to that paragraph in order to make reference to an interpretation agreed to by Canada and Ukraine regarding Chapter 2 or 3 of the CUFTA. It is proposed that paragraph 14(h) of the Regulations be amended to include a new subparagraph to the effect that an advance ruling can be modified or revoked in order to conform to a modification of Chapter 2 or 3 of the CUFTA.

Tariff Item Nos. 9971.00.00 and 9992.00.00 Accounting Regulations

5. It is proposed that paragraph 2(b) of the Tariff Item Nos. 9971.00.00 and 9992.00.00 Accounting Regulations be amended to include a reference to Ukraine so that proof of exportation of the goods to Ukraine is required when accounting for the goods under section 32 of the Customs Act.

Refund of Duties Regulations

6. It is proposed that the title of Part 5.1 of the Refund of Duties Regulations be amended to make reference to Ukraine. It is also proposed that section 23.1 of the Regulations be amended to the effect that Part 5.1 of the Regulations applies to the granting of a refund of duties paid on goods imported from Ukraine on or after , and for which no claim for preferential tariff treatment under the CUFTA was made at the time the goods were accounted for under subsection 32(1), (3) or (5) of the Customs Act. It is further proposed that section 23.3 of the Regulations (respecting the amount of refund of duties) be amended to include the preferential tariff treatment under the CUFTA in paragraph (b).

Proof of Origin of Imported Goods Regulations

7. It is proposed that the Proof of Origin of Imported Goods Regulations be amended in order to:

  1. require the importer or owner of the goods, for which the benefit of preferential tariff treatment under the CUFTA is claimed, to furnish to an officer, as proof of origin for the purposes of section 35.1 of the Customs Act, a Certificate of Origin for the goods that is completed in English, French or Ukrainian at the time set out in section 13 of the Regulations;
  2. exempt the importer and owner of goods from the requirements of subsection 35.1(1) of the Customs Act if the importer or owner furnishes to an officer, at the time prescribed by paragraph 13(a) of the Regulations, a written and signed declaration, in English or French, certifying that the goods originate in Ukraine and that a completed Certificate of Origin is in the importer’s possession;
  3. exempt the importer and owner of casual goods, for which the benefit of the preferential tariff treatment under the CUFTA is claimed, from the requirements of subsection 35.1(1) of the Customs Act, if the casual goods are entitled to preferential tariff treatment under the CUFTA pursuant to the CUFTA Rules of Origin for Casual Goods Regulations;
  4. exempt the importer and owner of commercial goods, for which the estimated value for duty is less than $1,600 and for which the benefit of preferential tariff treatment under the CUFTA is claimed, from the requirements of subsection 35.1(1) of the Customs Act if
    • the goods do not form part of a series of importations that is undertaken or arranged for the purpose of avoiding the requirements of subsection 35.1(1) of the Customs Act, and
    • the importer or owner of the goods furnishes to an officer, at the times set out in Section 13 of the Regulations, either:
      • a commercial invoice for the goods, containing a written and signed statement, in English or French, from the exporter or producer of the goods, certifying that the goods originate in Ukraine; or
      • a written and signed statement, in English or French, from the exporter or producer of the goods, certifying that the goods originate in Ukraine;
  5. provide that where a Certificate of Origin is completed in Ukrainian, the importer or owner of the goods shall, at the request of an officer, furnish a translation of the Certificate of Origin, in English or French;
  6. provide that a Certificate of Origin may apply in respect of a single importation of a good or two or more importations of identical goods, imported by the same importer, that occur within a period not exceeding 12 months, as specified by the exporter in the Certificate of Origin; and
  7. provide that a Certificate of Origin is acceptable as Proof of Origin for four years after the day on which it is completed.

Proposed New Regulations

CUFTA Verification of Origin of Exported Goods Regulations

8. The new CUFTA Verification of Origin of Exported Goods Regulations are being proposed in order to implement certain provisions of Article 3.26 of the CUFTA. The Regulations will set out methods, other than a verification visit, that may be used in order to verify the originating status of goods exported from Canada to Ukraine. These methods will be the review of a verification questionnaire completed by the exporter or producer of goods, the review of the written response of the exporter or producer to a verification letter, or the review of other information received by these persons or by the producer or supplier of a material used in the production of the goods. These regulations will also set out what premises or places may be entered for a verification visit, and will indicate that a written notice of intention to conduct a visit must be sent before the visit. They will also indicate that the written report required by subsection 97.201(3) of the Customs Act must be provided to the customs administration of Ukraine using any means of transmission that produces a receipt.

CUFTA Verification of Origin of Imported Goods Regulations

9. The new CUFTA Verification of Origin of Imported Goods Regulations are proposed to implement certain provisions of Article 3.26 of the CUFTA. The Regulations will set out the methods of sending verification requests and provide for the examination of the reports received in response to these requests.

Additional Information

10. For more information, callers from within Canada may contact the Border Information Service at 1-800-461-9999. Callers outside Canada, may dial 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 at 1-866-335-3237.

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