CONSOLIDATION

Verification of Origin (Non-Free Trade Partners), Tariff Classification and Value for Duty of Imported Goods Regulations

SOR/98-45

Current to June 20, 2022 Last amended on March 11, 2008



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. The last amendments came into force on March 11, 2008. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022 Last amended on March 11, 2008

TABLE OF PROVISIONS Verification of Origin (Non-Free Trade Partners), Tariff Classification and Value for Duty of Imported Goods Regulations 1

Interpretation

Prescribed Manner of Verification

Prescribed Premises

Current to June 20, 2022 Last amended on March 11, 2008

ii

Registration SOR/98-45 December 29, 1997

CUSTOMS ACT Verification of Origin (Non-Free Trade Partners), Tariff Classification and Value for Duty of Imported Goods Regulations P.C. 1997-2017

December 29, 1997

Whereas the proposed Verification of Origin, Tariff Classification and Value for Duty of Imported Goods Regulations (Non-Free Trade Partners) give effect, in part, to a public announcement made on October 27, 1997 and are therefore, by virtue of paragraph 164(4)(a.2)a of the Customs Actb, not required to be published under subsection 164(3) of that Act; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to section 42.01c and paragraph 164(1)(i)d of the Customs Actb, hereby makes the annexed Verification of Origin, Tariff Classification and Value for Duty of Imported Goods Regulations (Non-Free Trade Partners).

a

S.C. 1992, c. 28, s. 30(3)

b

R.S., c. 1 (2nd Supp.)

c

S.C. 1997, c. 36, s. 160

d

S.C. 1992, c. 28, s. 30(1)

Current to June 20, 2022 Last amended on March 11, 2008

Verification of Origin (Non-Free Trade Partners), Tariff Classification and Value for Duty of Imported Goods Regulations

Interpretation 1 The definitions in this section apply in these Regulations. Act means the Customs Act. (Loi) Least Developed Country Tariff means the Least Developed Country Tariff set out in the List of Tariff Provisions set out in the schedule to the Customs Tariff. (tarif des pays les moins développés) verification means a verification conducted under section 42.01 of the Act. (vérification) verification letter means a letter that requests information with respect to the origin, tariff classification or value for duty of goods that are the subject of a verification. (lettre de vérification) verification questionnaire means a questionnaire that requests information with respect to the origin, tariff classification or value for duty of goods that are the subject of a verification. (questionnaire de vérification) verification visit [Repealed, SOR/2008-77, s. 3] SOR/2008-77, s. 3.

Prescribed Manner of Verification 2 (1) Subject to subsection (2), a verification in respect of goods may be conducted in a manner set out in one or more of the following paragraphs: (a) a review of a verification questionnaire completed

by (i) the importer or owner of the goods, or (ii) the person who accounted for the goods under

subsection 32(1), (3) or (5) of the Act; (b) a review of a written response received from a person referred to in paragraph (a) to a verification letter;

Current to June 20, 2022 Last amended on March 11, 2008

Verification of Origin (Non-Free Trade Partners), Tariff Classification and Value for Duty of Imported Goods Regulations Prescribed Manner of Verification Section 2

(c) a review of any record or information or an inspection of any goods or component of goods received from a person referred to in paragraph (a); (d) the collection, from the premises prescribed under

subsection 3(1), and review of information that (i) was requested in a verification questionnaire or

verification letter but was not provided, or (ii) is needed to verify information from a completed verification questionnaire or written response to a verification letter.

(2) A verification in respect of goods of tariff item numbers set out in the schedule to the General Preferential Tariff and Least Developed Country Tariff Rules of Origin Regulations for which the benefit of the Least Developed Country Tariff is claimed may be conducted in a manner set out in one or more of the following paragraphs: (a) a review of a verification questionnaire completed

by (i) the importer or owner of the goods, (ii) the person who accounted for the goods under

subsection 32(1), (3) or (5) of the Act, (iii) the exporter or producer of the goods, or (iv) a producer or supplier of a material that is used in the production of the goods; (b) a review of a written response received from a person referred to in paragraph (a) to a verification letter; (c) a review of any record or information or an inspection of any goods or component of goods received from a person referred to in paragraph (a); (d) the collection, from the premises prescribed under section 3, and review of information that (i) was requested in a verification questionnaire or

verification letter but was not provided, or (ii) is needed to verify information from a completed verification questionnaire or written response to a verification letter. SOR/2008-77, s. 4.

Current to June 20, 2022 Last amended on March 11, 2008

Verification of Origin (Non-Free Trade Partners), Tariff Classification and Value for Duty of Imported Goods Regulations Prescribed Manner of Verification Sections 2-3

2.1 and 2.2 [Repealed, SOR/2008-77, s. 4]

Prescribed Premises 3 (1) The following are prescribed premises for the purposes of section 42.01 of the Act: (a) the premises of the importer or owner of the goods, and (b) the premises of the person who accounted for

goods under subsection 32(1), (3) or (5) of the Act. (2) The following additional premises — located in a

country that is a beneficiary of the Least Developed Country Tariff — are prescribed premises in respect of goods of tariff item numbers set out in the schedule to the General Preferential Tariff and Least Developed Country Tariff Rules of Origin Regulations for which the benefit of that Tariff is claimed: (a) the premises of the exporter or producer of the goods, and (b) the premises of a producer or supplier of a material that is used in the production of the goods. SOR/2008-77, s. 4.

Current to June 20, 2022 Last amended on March 11, 2008

