Proposed Regulatory Amendments and Proposed New Regulations Related to the Implementation of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA)
Customs Notice 17-29

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-European Union Comprehensive Economic and Trade Agreement (CETA). It is proposed that these regulatory amendments and new regulations come into force September 21, 2017, on the condition that the Governor in Council makes them.

Proposed Regulatory Changes

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 an EU country or other CETA beneficiary, the Certificate of Origin be completed in any language referred to in Annex 2 of the Protocol on Rules of Origin and Origin Procedures of the CETA.

3. It is proposed that the definition of "advance ruling" set out in the Exporters' and Producers' Records Regulations be amended to include reference to the advance ruling provisions of the Protocol on Rules of Origin and Origin Procedures of the CETA.

4. With respect to the modification or revocation of an advance ruling, it is proposed that subparagraph 14(a)(vi) of the Free Trade Agreement Advance Rulings Regulations be amended to include both reference to goods exported from an EU country or other CETA beneficiary and reference to the provisions of Article 2.10 of the CETA. It is also proposed that paragraph 14(b) of the Regulations be amended to include reference to goods exported from an EU country or other CETA beneficiary and that a new subparagraph be added to that paragraph in order to reference an interpretation agreed to by Canada and an EU country or other CETA beneficiary regarding Chapter Two or the Protocol on Rules of Origin and Origin Procedures of the CETA. It is further 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 Two or the Protocol on Rules of Origin and Origin Procedures of the CETA.

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 reference to an EU country or other CETA beneficiary such that proof of exportation of the goods to an EU country or other CETA beneficiary is required when accounting for the goods under section 32 of the Customs Act.

6. It is proposed that the title to Part 5.1 of the Refund of Duties Regulations be amended to make reference to an EU country or other CETA beneficiary. 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 an EU country or other CETA beneficiary on or after September 21, 2017, and for which no claim for preferential tariff treatment under the CETA 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 paragraph 23.3 of the Regulations (respecting the amount of refund of duties) be amended, in paragraph (b), to refer to the preferential tariff treatment under the CETA.

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

Proposed New Regulations

8. The new CETA Verification of Origin of Exported Goods Regulations are being proposed in order to implement Articles 26 and 29 of the Protocol on Rules of Origin and Origin Procedures of the CETA. The regulations 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 an EU country or other CETA beneficiary. These methods are 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 the exporter or producer 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 the purpose of a verification visit, indicate that a verification visit may only be conducted if a written notice of intention to conduct the visit has been sent, and specify the way certain documents are to be provided.

9. The new CETA Verification of Origin of Imported Goods Regulations are proposed by CBSA to implement Articles 26 and 29 of the Protocol on Rules of Origin and Origin Procedures of the CETA. The Regulations describe the method for sending verification requests and provide for the review of the reports received in answer to these requests as well as for the review of any relevant supporting documents received.

Additional Information

10. 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.

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