CBSA has recently published Customs Notice 14-018: Importers Listed Under Transport Canada’s Pre-clearance Programs – Appendix F and Appendix G. The text of that notice follows.
This notice makes it very clear that non-residents do not qualify for Transport Canada’s pre-clearance programs and may not be shown as importers of commercial vehicles.
Discussions between the CSCB and Transport Canada regarding non-residents acting as importers of commercial vehicles have not been successful and Transport Canada had indicated that the Motor Vehicles Safety Act applies only to Canadian based manufacturers and importers. A change to the Act would require the support of Transport Canada and it is certain that this will not happen.
Members who have in the past acted on behalf of non-resident importers of commercial vehicle are invited to share with the CSCB any solutions that they have found for their clients. Details can be sent to the CSCB at [email protected] and will be kept confidential.
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CN 14-018, Importers Listed Under Transport Canada’s Pre-clearance Programs – Appendix F and Appendix G
1. This customs notice is for the attention of importers, customs brokers and Transport Canada approved “Compliance Specialists” (CS) who are involved with the commercial importation of new Canadian compliant vehicles through Transport Canada’s Appendix F and Appendix G pre-clearance programs.
2. For the purposes of Transport Canada’s “Appendix F” and “Appendix G” pre-clearance programs, the term “Compliance Specialist” is defined as a Canadian entity assigned by a foreign manufacturer and approved by Transport Canada that on behalf of the Canadian retail importer provides Transport Canada with evidence of conformance for the vehicles being imported, as prescribed under section 5 of the Motor Vehicle Safety Act.
3. An interim change has been authorized by Transport Canada regarding the “Appendix F” and “Appendix G” pre-clearance program so as to incorporate and recognize “Compliance Specialist” companies listed under Appendix F and Appendix G.
4. In keeping with Canada Border Services Agency (CBSA) requirement for true, accurate and complete information in accordance with Section 7.1 of the Customs Act, the importer must always be correctly identified as such on the CBSA release documentation.
5. Effective immediately, the CBSA will release commercial vehicles under Transport Canada’s Appendix F or Appendix G pre-clearance programs when the following conditions are met:
(a) The name and business number of the importer is accurately reflected on the customs documentation and Transport Canada’s Vehicle Import Form – Form 1 (Appendix G only); and
(b) The importer is not a non-resident importer (non-resident importers do not qualify for Transport Canada’s pre-clearance programs – Appendix G or Appendix F); and
(c) Either the importer or the Transport Canada approved “Compliance Specialist” is listed on Appendix F or Appendix G.
Appendix F – Processing (Electronic Data Interchange)
6. In scenarios where the importer is represented by an approved Transport Canada “Compliance Specialist”, the company name of the “Compliance Specialist” is to be shown in the “Related Party” field on the customs electronic release submission (e.g., Pre-Arrival Release System – PARS).
(a) For Cadex users: “Other References” (segment RR75) field – Free text field;
(b) For EDIFACT users: “Terms of Delivery” (TOD) field – Free text field.
Appendix G – Processing (Vehicle Import Form – Form 1)
7. The importer as indicated on the customs release documentation must be the same as the “Name of Importer” in the Box 14 field of the Vehicle Import Form – Form 1. In scenarios where an approved Transport Canada “Compliance Specialist” is listed on Appendix G, the “Compliance Specialist” must be shown on the first line of Box 14 (Company Name) of the Vehicle Import Form – Form 1.
8. Questions regarding this customs notice may be directed to:
Martin Burtt
Manager
Importer and Exporter Programs Unit
[email protected]
9. For additional technical assistance regarding the electronic submission of data, please contact the CBSA’s Electronic Commerce Unit at 1-888-957-7224.