Administrative Monetary Penalty System
- to mark the goods, or mark the goods with the correct country of origin, or
- to mark the goods in the appropriate method and manner, prior to importing the goods, if arrangements were not made to mark the goods in Canada prior to requesting release.
|1st||$150 Footnote *|
|3rd and subsequent||$450|
- Penalty basis
- Per shipment
- Retention period
- 12 months
Non-compliance occurs when goods requiring marking are not marked or not marked properly.
Applied against the importer.
Applied by a Border Services Officer.
This penalty is also applied by a Senior Officer Trade Compliance (SOTC) in post release environment.
The marking program has three components:
- Do the goods require marking?
- How should the goods be marked?
- What country should be marked on the goods?
Border Services Officers are responsible for determining if the goods meet the marking program requirements.
If a shipment arrives unmarked or improperly marked and there is no uncertainty as to what country should be marked on the goods, the customs officer must reject the import transaction and ensure that the shipment meets marking requirements prior to release.
In cases where fraud is suspected (see Customs Act, section 159.1) a penalty will be issued regardless of whether or not there will be a criminal prosecution.
There are certain types of goods or goods imported under specific conditions that may be exempt from the requirement for country of origin marking. Refer to the D-Memorandum 11-3-1 for details.
For further information as to the method of determining the country of origin, the method and manner of marking, the authorization to mark goods in Canada, the issuance of notice to mark goods, please refer to D-Memorandum 11-3-1.
- Customs Tariff, section 19
- Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations, Schedules I and II
- Determination of Country of Origin for the Purpose of Marking Goods (Non-NAFTA Countries) Regulations, Schedules I and II
- NAFTA and CCFTA Verification of Origin Regulations
- NAFTA Marking Determination, Re-determination and further Re-determination Regulations
- NAFTA Prescribed Class of Goods Regulations
- Date modified: