Imports of Certain Textile and Apparel Goods from Mexico or the United States Customs Duty Remission Order

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-98-420/FullText.html

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Imports of Certain Textile and Apparel Goods from Mexico or the United States Customs Duty Remission Order

SOR/98-420CUSTOMS TARIFF
Registration 1998-08-26
Imports of Certain Textile and Apparel Goods from Mexico or the United States Customs Duty Remission Order
P.C. 1998-1456  1998-08-26His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 115 of the Customs TariffFootnote a, hereby makes the annexed Imports of Certain Textile and Apparel Goods from Mexico or the United States Customs Duty Remission Order.
Return to footnote aS.C. 1997, c. 36Interpretation

1 The definitions in this section apply in this Order.

apparel
apparel means goods referred to in Chapters 61 and 62 of the List of Tariff Provisions that are cut or knit to shape and are sewn or otherwise assembled in Mexico or the United States from fabric or yarn produced or obtained outside the free trade area. (vêtements)
fabric and made-up goods

fabric and made-up goods means

(a) cotton or man-made fibre fabric and cotton or man-made fibre made-up textile goods referred to in Chapters 52 to 55 of the List of Tariff Provisions, other than goods containing 36% or more by weight of wool or fine animal hair, and in Chapters 58, 60 and 63 of the List of Tariff Provisions, that are woven or knitted in Mexico or the United States from yarn produced or obtained outside the free trade area, or that are knitted in Mexico or the United States from yarn spun in Mexico or the United States from fibre produced or obtained outside the free trade area; or
(b) goods of subheading No. 9404.90 that are finished and cut and sewn or otherwise assembled from fabrics referred to in any of subheading Nos. 5208.11 to 5208.29, 5209.11 to 5209.29, 5210.11 to 5210.29, 5211.11 to 5211.29, 5212.11, 5212.12, 5212.21, 5212.22, 5407.41, 5407.51, 5407.71, 5407.81, 5407.91, 5408.21, 5408.31, 5512.11, 5512.21, 5512.91, 5513.11 to 5513.19, 5514.11 to 5514.19, 5516.11, 5516.21, 5516.31, 5516.41 and 5516.91 that are produced or obtained outside the free trade area. (tissus et articles confectionnés)

free trade area
free trade area means the area comprising Canada, Mexico and the United States. (zone de libre-échange)
spun yarn
spun yarn means cotton or man-made fibre yarns referred to in any of heading Nos. 52.05 to 52.07 or 55.09 to 55.11 that are spun in Mexico or the United States from fibre referred to in any of heading Nos. 52.01 to 52.03 or 55.01 to 55.07 that is produced or obtained outside the free trade area. (filés)

Remission of Customs Duty

2 Subject to section 3, remission is hereby granted of the customs duty paid or payable at the Most-Favoured-Nation Tariff rates of customs duty on apparel, fabric and made-up goods and spun yarn imported on or after January 1, 1998

(a) from Mexico, in an amount equal to the difference between the customs duty payable at those rates and the customs duty that would be payable if the imported goods were entitled to the applicable Mexico Tariff rates of customs duty; and
(b) from the United States.

Conditions

3 (1) The remission granted under section 2 applies only to an amount not exceeding the annual quantitative limits for each of the goods referred to in that section that are set out in Schedules 6.B.1, 6.B.2 and 6.B.3 to Appendix 6 of Annex 300-B to Chapter Three of the North American Free Trade Agreement.

(2) Remission under section 2 is granted on the condition that the importer or owner of the goods provides to a customs officer, at the request of the officer,

(a) at the time that the goods are accounted for under subsection 32(1), (3) or (5) of the Customs Act or are the subject of an application for a refund of the customs duty, a certificate issued pursuant to the Export and Import Permits Act and the Import Certificate Regulations, identifying the quantity available for purposes of remission or refund pursuant to Annex 300-B to Chapter Three of the North American Free Trade Agreement;
(b) at the time that the goods are accounted for under subsection 32(1), (3) or (5) of the Customs Act or are the subject of an application for a refund of the customs duty, a written declaration, in English or French, indicating that the certification referred to in subparagraph (c)(i) is in the possession of the importer or owner; and

(c) at the time that the goods are released, or at any other time after the importer or owner provides the declaration referred to in paragraph (b),

(i) a certification of the exporter, in English, French or Spanish, in the form set out in the schedule, accompanied by a copy of the applicable invoice or sales agreement, and
(ii) if the certification is in Spanish, an English or French translation of the certification.

Coming into Force

4 This Order comes into force on August 26, 1998.

SCHEDULE(Subparagraph 3(2)(c)(i))Exporter’s Certification of Non-Originating Textile Goods

I, the exporter of the goods referred to in the attached invoice or sales agreement, hereby certify that those goods comply with the applicable requirements specified in Appendix 6 of Annex 300-B to Chapter Three of the North American Free Trade Agreement.

NAME:

TITLE:

COMPANY:

TELEPHONE:

FAX:

INVOICE NO.:

Signature of exporterDate