The CBSA has provided the following guidance found in Bulletin 5391 - Clarification on SIMA CAD Submissions, link - https://ccp-pcc.cbsa-asfc.cloud-nuage.canada.ca/en/public-bulletins
Clarification of CAD submissions with SIMA
The CBSA has been encountering numerous errors on CAD transactions where goods are potentially subject to SIMA. These errors appear to be due to issues with the software used by trade chain partners (TCPs) or due to incorrect data transmitted to the CBSA via CARM.
In order to avoid these errors in the future, TCPs are reminded of the following points when declaring SIMA in CARM:
- CARM performs all SIMA duty calculations using SIMA data (CAD fields) provided by the user. There are only a few measure-specific exceptions which are listed on the Measures in Force website under “General information for CBSA assessment and revenue management (CARM)” for each measure.
- CARM does not require a SIMA code as an input. The system will derive the SIMA code and provide it as an output.
- For goods potentially subject to SIMA, users must declare “subject”, “non-subject” or “undertaking” in the “SIMA Subject” field.
- SIMA data elements can all be modified during the correction period which will trigger a re-calculation of SIMA duty.
- CADs that are in the adjustment period require officer review and a legal decision in accordance with SIMA in order to be modified.
- For goods that are subject to SIMA, users should populate as many of the SIMA CAD fields as possible in order to enable the most accurate SIMA duty calculation.
- SIMA invoice price and currency are mandatory.
- For transactions involving cooperative exporters, CARM will retrieve normal values, subsidy rates, exporter-specific margin of dumping, information to calculate export price, etc. It is imperative that users provide:
- Exporter ID
- Model IDs for any goods that have a specific normal value.
These must be an exact match to the goods and can be found on the Measures in Force website
- The self-declare SIMA flag should only be used to declare amounts greater than those calculated by CARM. Lower amounts will be rejected.
- Supporting documents can be uploaded directly to the CAD to facilitate compliance reviews and to support requests for re-determination.
References
D14-1-3: Re-determinations and Appeals Under the Special Import Measures Act
D14-1-7: Assessment and Payment of Duties Under the Special Import Measures Act
Memorandum D17-1-10: Coding of Customs Accounting Documents
Memorandum D17-2-1: Adjusting Commercial Accounting Declarations