Vol. 148, No. 26 — December 17, 2014
SOR/2014-283 November 28, 2014
CJFTA Verification of Origin Regulations
P.C. 2014-1304 November 27, 2014
Whereas the annexed Regulations give effect, in part, to a public announcement made on September 28, 2012, known as Customs Notice 12-027;
And whereas that Notice provides that the regulatory amendments giving effect to that announcement are to be effective October 1, 2012;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 42.1 (see footnote a), paragraphs 164(1)(i) (see footnote b) and (j), subsection 164(1.1) (see footnote c) and paragraph 167.1(b) (see footnote d) of the Customs Act (see footnote e), makes the annexed CJFTA Verification of Origin Regulations.
CJFTA VERIFICATION OF ORIGIN REGULATIONS
1. The following definitions apply in these Regulations.
« Loi »
“Act” means the Customs Act.
« autorité compétente »
“competent authority” means the Ministry of Industry and Trade of Jordan or the Jordan Customs Department, or their successors, that Jordan provides Canada a written notice of.
« administration douanière »
“customs administration” means the authority that is responsible under the law of Canada for the administration of its customs laws and regulations.
« marchandises »
“goods” means goods for which preferential tariff treatment under CJFTA is claimed.
« matière »
“material” has the same meaning as in Article 1-7 of CJFTA.
« lettre de vérification »
“verification letter” means a letter that contains a request for information regarding the origin of goods that are the subject of a verification of origin.
« questionnaire de vérification »
“verification questionnaire” means a questionnaire that contains requests for information regarding the origin of goods that are the subject of a verification of origin.
« visite de vérification »
“verification visit” means the entry into premises or a place for the purpose of conducting a verification of origin of goods under paragraph 42.1(1)(a) of the Act.
MANNER OF CONDUCTING A VERIFICATION OF ORIGIN
Methods in addition to verification visit
2. In addition to a verification visit, a verification of origin of goods may be conducted by reviewing the following:
- (a) a verification questionnaire completed by
- (i) the exporter or producer of the goods, or
- (ii) a producer or supplier of a material;
- (b) a written response received from a person referred to in paragraph (a) to a verification letter; or
- (c) any other information received from a person referred to in paragraph (a).
Verification letters and verification questionnaires
3. A verification letter or verification questionnaire must
- (a) identify the customs administration and specify name and title of the officer who is sending the letter or questionnaire;
- (b) describe the goods or materials that are the subject of the verification of origin; and
- (c) specify the period within which the letter must be answered or the questionnaire must be completed and returned, which must be a minimum of 30 days beginning on the day on which the letter or the questionnaire is received.
Extension of time
4. A person who receives a verification letter or verification questionnaire may, on a single occasion and within the period specified in the letter or questionnaire, make a written request asking for an extension of that period to the customs administration. The extension may be granted for a further period of not more than 30 days.
5. The premises or place in Jordan of the following persons are prescribed premises or place for the purposes of a verification visit:
- (a) an exporter or producer of goods; and
- (b) a producer or supplier of a material.
6. (1) An officer may only conduct a verification visit if the following conditions are met:
- (a) the officer sends a written notice of their intention to conduct the visit to
- (i) the person whose premises or place are to be the subject of the visit,
- (ii) the competent authority, and
- (iii) if requested by Jordan, the Embassy of Jordan that is located in Canada; and
- (b) the person whose premises or place are to be the subject of the visit consents in writing to it.
(2) The written notice of the verification visit must specify
- (a) the identity of the customs administration on whose behalf the notice is sent;
- (b) the name and title of the officer who is to conduct the visit;
- (c) the name of the person whose premises or place are to be the subject of the visit;
- (d) the date and the place of the visit;
- (e) the object and scope of the visit, including a description of the goods or materials that are the subject of the verification of origin; and
- (f) the legal authority for the visit.
7. (1) A person who receives a notice under subparagraph 6(1)(a)(i) may, on a single occasion and within 15 days after the day on which the notice is received, request a postponement of the verification visit by sending a written request for postponement to the officer who sent the notice.
(2) The postponement may be for a period not exceeding 60 days beginning on the day on which the notice is received or for any longer period that is agreed to by the customs administration.
(3) The verification visit is postponed if, within 15 days after the day on which the competent authority receives the notice under subparagraph 6(1)(a)(ii), Jordan sends a written request for the postponement to the officer who sent the notice.
(4) The postponement may be for a period not exceeding 60 days beginning on the day on which the notice is received, or for any longer period that is agreed to by the customs administration and Jordan.
8. (1) A person who receives a notice under subparagraph 6(1)(a)(i) may designate two observers to be present during the verification visit.
(2) The observers’ participation is limited to observation.
Identification of observers
(3) A person who designates observers must identify them to the officer who is conducting the verification visit.
DENIAL OR WITHDRAWAL OF PREFERENTIAL TARIFF TREATMENT UNDER CJFTA
Requirements — exporter and producer
9. (1) For the purpose of subsection 42.1(2) of the Act, the exporter and the producer of goods are, in respect of a verification of origin under paragraph 42.1(1)(a) of the Act, required to
- (a) maintain records relevant to the determination of origin with respect to the goods that, in accordance with the applicable laws of the country in which the verification of origin is conducted, are required to be maintained in accordance with those laws;
- (b) provide the officer who is conducting the verification of origin with access to the records; and
- (c) reply to each verification letter or complete and return each verification questionnaire to the officer within the period specified under paragraph 3(c) or section 4, as the case may be.
Consent to verification visit
(2) For the purpose of subsection 42.1(2) of the Act, consent to the verification visit must be provided in writing by the exporter or producer within 30 days after the day on which the notice that is sent in accordance with subparagraph 6(1)(a)(i) is received.
Notice of redetermination of origin
10. (1) An officer must send a written notice of the intent to re-determine the origin of goods under subsection 59(1) of the Act with a statement that is provided to an exporter or producer of goods under subsection 42.2(1) of the Act and that indicates that the goods that are the subject of a verification of origin are not eligible for preferential tariff treatment under CJFTA.
(2) The written notice must specify the day beginning on which preferential tariff treatment under CJFTA may be denied or withdrawn in respect of the goods that are the subject of the verification of origin and the period during which the exporter or producer of the goods may provide written comments or additional information regarding the origin of those goods.
MEANS OF TRANSMISSION
Means of transmission
11. A verification letter, a verification questionnaire and the notices referred to in paragraph 6(1)(a) and section 10 must be sent by a means that produces confirmation of receipt.
COMING INTO FORCE
October 1, 2012
12. These Regulations are deemed to have come into force on October 1, 2012.
N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2014-282, Regulations Amending Certain Regulations Made under the Customs Act (CJFTA).
- Footnote a
S.C. 2009, c. 6, s. 24
- Footnote b
S.C. 1992, c. 28, s. 30(1)
- Footnote c
S.C. 2012, c. 18, s. 30
- Footnote d
S.C. 1992, c. 28, s. 31(1)
- Footnote e
R.S., c. 1 (2nd Supp.)