CONSOLIDATION

Determination of Country of Origin for the Purpose of Marking Goods (Non-CUSMA Countries) Regulations

SOR/94-16

Current to June 20, 2022 Last amended on July 1, 2020



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 July 1, 2020. 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 July 1, 2020

TABLE OF PROVISIONS Determination of Country of Origin for the Purpose of Marking Goods (Non-CUSMA Countries) Regulations 1

Interpretation

Application

Country of Origin SCHEDULE I SCHEDULE II

Current to June 20, 2022 Last amended on July 1, 2020

ii

Registration SOR/94-16 December 29, 1993

CUSTOMS TARIFF Determination of Country of Origin for the Purpose of Marking Goods (Non-CUSMA Countries) Regulations P.C. 1993-2188

December 29, 1993

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 63.1(1)a of the Customs Tariffb, is pleased hereby to make the annexed Regulations for determining the country of origin of goods imported from a Non-NAFTA country for the purpose of specifying that certain goods be marked, effective on the day on which section 133 of An Act to implement the North American Free Trade Agreement, being chapter 44 of the Statutes of Canada, 1993, comes into force.

a

S.C. 1993, c. 44, s. 133

b

R.S., c. 41 (3rd Supp.)

Current to June 20, 2022 Last amended on July 1, 2020

Determination of Country of Origin for the Purpose of Marking Goods (Non-CUSMA Countries) Regulations

Interpretation 1 In these Regulations, CUSMA country means a party to the Canada–United States–Mexico Agreement. SOR/2020-158, s. 2.

Application 2 (1) Subject to subsection (2), goods set out in Schedule I that are imported into Canada from a country other than a CUSMA country must be marked so as to indicate their country of origin, in accordance with the Marking of Imported Goods Regulations. (2) These Regulations do not apply to goods set out in

Schedule II. (3) In item 16 of Schedule II to these Regulations, production means growing, mining, harvesting, fishing, trapping, hunting, manufacturing, processing or assembling goods. SOR/2013-100, s. 1; SOR/2020-158, s. 3.

Country of Origin 3 The country of origin of goods is the country in which

the goods were substantially manufactured.

Current to June 20, 2022 Last amended on July 1, 2020

Determination of Country of Origin for the Purpose of Marking Goods (Non-CUSMA Countries) Regulations SCHEDULE I

SCHEDULE I (Subsection 2(1))

Goods for Personal or Household Use

(1) Bakeware and cookware made of aluminum (2) Bakeware and cookware made of cast iron (3) Bath mats, towels and wash cloths, knitted or woven (4) Batteries, dry cell (5) Blankets (6) Brushes, including toothbrushes and handles therefor (7) Candles (8) Cards: credit and identification, made of any material having a diameter or side exceeding 1/2 inch in width and imported in sheet form or otherwise (9) Chrome-plated ware and utensils for use in serving food and beverages (10) Cigar and cigarette lighters, except lighters for incorporation into motor vehicles (11) Clocks and movements, except clocks and movements for use as original equipment by motor vehicle manufacturers

(12) Containers, thermostatic: carafes, flasks, jars, jugs and vacuum bottles and refills or inserts therefor (13) Cutlery, chrome-plated or stainless steel (14) Dishes and ornaments made of china, earthenware, ironstone, porcelain, semi-porcelain, stoneware or white granite (15) Electronic equipment: phonographs, radio receiving sets, radio-phonograph sets, radio-phonograph-television sets, record players, tape recorders, television receiving sets

(16) Ironing board covers and pads (17) Kitchenware made of metal or plastic, coated, lithographed, painted or otherwise: bread boxes, cake humidors, canisters, foil and paper dispensers, range sets, serving ovens and step-on waste cans (18) Knives: jack, pen and pocket; scissors and shears (19) Lawn mowers (powered)

Current to June 20, 2022 Last amended on July 1, 2020

Determination of Country of Origin for the Purpose of Marking Goods (Non-CUSMA Countries) Regulations SCHEDULE I

(20) Matches in books, boxes or folders (21) Pencils (22) Pens: ballpoint and fountain and nib penholders (23) Pillowslips and sheets made of cotton (24) Razor blades (safety type) (25) Thermometers (26) Tiles, glazed, unglazed and ceramic mosaic: hearth, floor and wall (27) Umbrellas (28) Utensils, kitchen type and chrome-plated or stainless steel (29) Watch bracelets (expansion type) 2

Hardware

(1) Caps, made of metal, lithographed or printed, for containers: lug, screw and vacuum (2) Copper tubing (3) Drapery I-beam rails, made of aluminum, brass, steel or other metals, or plastic and component parts thereof (4) Electrical measuring devices for panel mounting designed to indicate alternating or direct current microamperes, milliamperes or amperes, millivolts, volts or kilovolts and other variables such as pressure, resistance and temperature that may be translated into alternating or direct current or voltage

(5) Glass in panes or sheets: common or colourless window, laminated, plate and sheet (6) Goods made of porcelain for electrical use (7) Files and rasps (8) Sink strainers (basket type) (9) Tubes, electronics (10) Twines: baler and binder (11) Wire inset screening (12) Iron pipes and tubes 3

Novelties and Sporting Goods

(1) Articles in the style of Indian handicrafts

Current to June 20, 2022 Last amended on July 1, 2020

Determination of Country of Origin for the Purpose of Marking Goods (Non-CUSMA Countries) Regulations SCHEDULE I

(2) Athletic gloves and mitts, including baseball and hockey gloves and mitts (3) Bicycles (4) Decoration, novelties and ornaments (5) Enamelled emblems and silver-plated or sterling silver bracelets, brooches, pins and spoons, all designed as souvenirs of Canada, its provinces, territories, cities, towns or other geographical locations (6) Gift wrappings: bindings, braids, ribbons, tapes, ties and trimmings, made chiefly or wholly of textile fibres (7) Toys, games and athletic and sporting goods 4

Paper Products

(1) Boxes and cartons, empty folding or set-up, made of paper, paper board, plain or corrugated fibre or fibre board, for use in shipping containers (2) Paper matter and products, lithographed or printed 5

Wearing Apparel

(1) Boots, shoes and slippers (2) Brassieres, corselettes, garter belts, girdles and lacing corsets (3) Fabrics, braided or woven, containing rubber yarns, not exceeding 12 inches in width; boot and shoe laces (4) Gloves made partially or wholly of leather (5) Hair pieces: wigs, half wigs, switches, postiches, pony tails, toupees and other types of hair pieces designed to be worn on the head of a person. (6) Handbags and purses, except handbags and purses made of beads, metal mesh or similar material (7) Hats, including berets, bonnets, caps and hats, hoods and shapes made of fur felt, wool felt and wool-and-fur felt (8) Knitted garments (9) Raincoats and rainwear made of plastic (10) Wearing apparel made wholly or substantially of natural or synthetic textile fibres 6

Horticultural Products

(1) Tubers, tuberous roots and rhizomes, dormant, in growth or in flower, of paeonias

Current to June 20, 2022 Last amended on July 1, 2020

Determination of Country of Origin for the Purpose of Marking Goods (Non-CUSMA Countries) Regulations SCHEDULE I

(2) Tubers, tuberous roots, corms, crowns and rhizomes, dormant, of irises or other perennials, except begonias (3) Tubers, tuberous roots, or rhizomes, in growth or in flower, of begonias (4) Bulbs, dormant or in growth, except tulip bulbs (5) Unrooted cuttings or slips of fruit or nut trees, shrubs or bushes (6) Trees, shrubs, bushes, vines or seedling stock, grafted or not, including those capable of bearing fruit, when in a usual container (7) Christmas trees, rooted or unrooted, when in a usual container (8) Rose bushes, grafted or not, except cut roses, when in a usual container 7

Goods of Steel or Aluminum

(1) Goods of steel that are classified under headings 72.06 through 72.15, subheadings 7216.10 through 7216.50 or subheading 7216.99, headings 72.17 through 72.29, subheading 7301.10, 7302.10, 7302.40 or 7302.90 or headings 73.04 through 73.06, except wire (2) Goods of aluminum that are classified under heading 76.01 or headings 76.04 through 76.09 and castings or forgings that are classified under subheading 7616.99, except wire (other than barbed wire) SOR/95-349, s. 1; SOR/96-106, s. 1; SOR/2018-116, ss. 3, 4.

Current to June 20, 2022 Last amended on July 1, 2020

Determination of Country of Origin for the Purpose of Marking Goods (Non-CUSMA Countries) Regulations SCHEDULE II

SCHEDULE II (Subsection 2(2))

1 Goods for charitable purposes and not for the purpose of sale 2 Goods that are gifts or bequests 3 Goods that are antiques or goods produced more than 20 years prior to importation 4 Used goods, with the exception of iron pipes and tubes and goods of steel or aluminum that are referred to in item 7 of Schedule I 5 Goods that are for the exclusive use of the importer or the importer’s employees and not for resale to the general public, with the exception of iron pipes and tubes and goods of steel or aluminum that are referred to in item 7 of Schedule I 6 Goods imported for use by the importer and not intended for sale in the form in which they were imported 7 Goods that are imported under tariff item No. 9808.00.00, 9809.00.00 or 9810.00.00 8 Goods that are imported for subsequent exportation from Canada, with the exception of iron pipes and tubes and goods of steel or aluminum that are referred to in item 7 of Schedule I 9 Goods that, for purposes of temporary duty-free admission, are in transit or in bond or otherwise under customs control 10 Goods that are incapable of being marked 11 Goods that cannot be marked prior to exportation without causing them injury 12 Goods that cannot be marked except at a cost that is substantial in relation to their value for duty so as to discourage their exportation 13 Goods that cannot be marked without materially impairing their function or substantially detracting from their appearance 14 Goods that are in a container that is marked in a manner that will reasonably indicate their origin to the ultimate purchaser 15 Goods that are crude substances 16 Goods that are to undergo production in Canada by the importer, or on the importer’s behalf, in a manner that would result in their becoming goods the country of origin of which is Canada 17 Goods in respect of which, by reason of their character or the circumstances of their importation, the ultimate

Current to June 20, 2022 Last amended on July 1, 2020

Determination of Country of Origin for the Purpose of Marking Goods (Non-CUSMA Countries) Regulations SCHEDULE II

purchaser would reasonably know their country of origin even though the goods are not marked with country of origin 18 Goods that are imported without the required marking and cannot be marked after their importation except at a cost that would be substantial in relation to their value for duty, provided that the failure to mark the goods before importation was not for the purpose of avoiding compliance with the marking requirement 19 Goods that are original works of art 20 Goods that are classified under subheading 6904.10 or heading 85.41 or 85.42 21 Goods in respect of which there is no ultimate purchaser SOR/98-28, s. 16; SOR/2013-100, s. 2; SOR/2018-116, ss. 5, 6.

Current to June 20, 2022 Last amended on July 1, 2020

