Notice to Importers No. 643
27 November 2002
Notice to Importers No. 643 -- Items 117 to 134 and 141 to 160 – Dairy Products on the Import Control List: Supplementary Import Permits
1.0 Purpose
1.1 The purpose of this Notice is to outline the Minister's policies and practices respecting supplementary imports of dairy products.
1.2 This Notice should be read with the Export and Import Permits Act (EIPA) and the EIPA Regulations. Where elements of the present Notice augment relevant sections of the EIPA and Regulations, those elements are to be read as expressions of the Minister's normal practices and procedures.
2.0 Coverage
2.1 This Notice replaces Notice to Importers No. 616 dated April 17, 2001. It refers to Items 117 to 134 inclusive, and Items 141 to 160 inclusive, of the Import Control List (ICL), and to the applicable tariff items in the List of Tariff Provisions set out in the Schedule to the Customs Tariff.
These products are listed in Appendix 3 and are referred to in this Notice as "dairy products".
2.2 Importers who require a determination as to whether or not the dairy product(s) they intend to import is within the scope of this Notice should contact: Mrs. Elizabeth Udell, Canada Customs and Revenue Agency, Trade Policy and Interpretation Directorate at (613) 954-7013, fax: (613) 954-9646.
3.0 Duration
3.1 This Notice will remain in effect until further notice.
4.0 Authority
4.1 Each of the products covered by this Notice was added to the Import Control List pursuant to paragraphs 5(1)(a) and 5(1)(b), and section 5.3 of the Export and Import Permits Act (EIPA), in order to implement a Canadian commitment under the World Trade Organization (WTO) Agreement on Agriculture.
4.2 Under tariff rate quotas (TRQs), imports are subject to low "within access commitment" rates of duty up to a predetermined limit (i.e. until the limit of the import access quantity has been reached), while imports over this limit are subject to higher "over access commitment" rates of duty.
Under section 6.2 of the EIPA, the Minister responsible for the Act may determine an import access quantity which may be allowed to enter at the low rate of duty and the Minister may allocate it to residents of Canada.
4.3 Pursuant to paragraph 8 (1) of the EIPA the Minister may issue to any resident of Canada applying therefor a permit to import goods included in an Import Control List, in such quantity and of such quality, by such persons, from such places or persons and subject to such other terms and conditions as are described in the permit or in the regulations. Accordingly, no person shall import or attempt to import any goods included in the Import Control List except under the authority of and in accordance with an import permit issued under this Act. Having established an import access quantity, the Minister shall issue import permits up to the limit of that quantity (to allocation holders, where that is the approach taken) under section 8.3 of the EIPA; these permits shall entitle the goods to which they apply to be subject to low rates of duty. Subsection 8.3(3) allows the Minister to issue supplementary import permits for quantities in excess of the import access quantity. Pursuant to subsection 10(1) of the EIPA, the Minister may amend, suspend, cancel or re-instate any permit or import allocation issued or granted under the Act.
5.0 Issuance of authorization for supplementary imports
5.1 The Minister may, at his discretion, authorize the importation of dairy products on the ICL in excess of the import access quantity.
5.2 Requests for an authorization for supplementary imports should follow the applicable procedures in this Notice. Applications for supplementary import permits, made pursuant to such authorization, should be made according to the procedures described in section 6.0 below. In all cases, the appropriate EICB commodity codes should be used (see Appendix 3).
5.3 The various categories of authorization for supplementary imports, each subject to different policies and procedures, are outlined below:
5.4