Determination of Country of Origin for the Purpose of Marking Goods (Non-CUSMA Countries) Regulations

Contents

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 63.1(1) of the Customs Tariff, is pleased hereby to make the annexed Regulations for determining the country of origin of goods imported from a Non-NAFTA country for the purpose of specifying that certain goods be marked, effective on the day on which section 133 of An Act to implement the North American Free Trade Agreement, being chapter 44 of the Statutes of Canada, 1993, comes into force.^note^note

Interpretation

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In these Regulations, CUSMA country means a party to the Canada–United States–Mexico Agreement.^note

Application

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(1)Subject to subsection (2), goods set out in Schedule I that are imported into Canada from a country other than a CUSMA country must be marked so as to indicate their country of origin, in accordance with the Marking of Imported Goods Regulations.

(2)These Regulations do not apply to goods set out in Schedule II.

(3)In item 16 of Schedule II to these Regulations, production means growing, mining, harvesting, fishing, trapping, hunting, manufacturing, processing or assembling goods.

Country of Origin

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The country of origin of goods is the country in which the goods were substantially manufactured.

Schedule I · (Subsection 2(1))

Goods for Personal or Household UseBakeware and cookware made of aluminumBakeware and cookware made of cast ironBath mats, towels and wash cloths, knitted or wovenBatteries, dry cellBlanketsBrushes, including toothbrushes and handles thereforCandlesCards: credit and identification, made of any material having a diameter or side exceeding 1/2 inch in width and imported in sheet form or otherwiseChrome-plated ware and utensils for use in serving food and beveragesCigar and cigarette lighters, except lighters for incorporation into motor vehiclesClocks and movements, except clocks and movements for use as original equipment by motor vehicle manufacturersContainers, thermostatic: carafes, flasks, jars, jugs and vacuum bottles and refills or inserts thereforCutlery, chrome-plated or stainless steelDishes and ornaments made of china, earthenware, ironstone, porcelain, semi-porcelain, stoneware or white graniteElectronic equipment: phonographs, radio receiving sets, radio-phonograph sets, radio-phonograph-television sets, record players, tape recorders, television receiving setsIroning board covers and padsKitchenware made of metal or plastic, coated, lithographed, painted or otherwise: bread boxes, cake humidors, canisters, foil and paper dispensers, range sets, serving ovens and step-on waste cansKnives: jack, pen and pocket; scissors and shearsLawn mowers (powered)Matches in books, boxes or foldersPencilsPens: ballpoint and fountain and nib penholdersPillowslips and sheets made of cottonRazor blades (safety type)ThermometersTiles, glazed, unglazed and ceramic mosaic: hearth, floor and wallUmbrellasUtensils, kitchen type and chrome-plated or stainless steelWatch bracelets (expansion type)HardwareCaps, made of metal, lithographed or printed, for containers: lug, screw and vacuumCopper tubingDrapery I-beam rails, made of aluminum, brass, steel or other metals, or plastic and component parts thereofElectrical measuring devices for panel mounting designed to indicate alternating or direct current microamperes, milliamperes or amperes, millivolts, volts or kilovolts and other variables such as pressure, resistance and temperature that may be translated into alternating or direct current or voltageGlass in panes or sheets: common or colourless window, laminated, plate and sheetGoods made of porcelain for electrical useFiles and raspsSink strainers (basket type)Tubes, electronicsTwines: baler and binderWire inset screeningIron pipes and tubesNovelties and Sporting GoodsArticles in the style of Indian handicraftsAthletic gloves and mitts, including baseball and hockey gloves and mittsBicyclesDecoration, novelties and ornamentsEnamelled emblems and silver-plated or sterling silver bracelets, brooches, pins and spoons, all designed as souvenirs of Canada, its provinces, territories, cities, towns or other geographical locationsGift wrappings: bindings, braids, ribbons, tapes, ties and trimmings, made chiefly or wholly of textile fibresToys, games and athletic and sporting goodsPaper ProductsBoxes and cartons, empty folding or set-up, made of paper, paper board, plain or corrugated fibre or fibre board, for use in shipping containersPaper matter and products, lithographed or printedWearing ApparelBoots, shoes and slippersBrassieres, corselettes, garter belts, girdles and lacing corsetsFabrics, braided or woven, containing rubber yarns, not exceeding 12 inches in width; boot and shoe lacesGloves made partially or wholly of leatherHair pieces: wigs, half wigs, switches, postiches, pony tails, toupees and other types of hair pieces designed to be worn on the head of a person.Handbags and purses, except handbags and purses made of beads, metal mesh or similar materialHats, including berets, bonnets, caps and hats, hoods and shapes made of fur felt, wool felt and wool-and-fur feltKnitted garmentsRaincoats and rainwear made of plasticWearing apparel made wholly or substantially of natural or synthetic textile fibresHorticultural ProductsTubers, tuberous roots and rhizomes, dormant, in growth or in flower, of paeoniasTubers, tuberous roots, corms, crowns and rhizomes, dormant, of irises or other perennials, except begoniasTubers, tuberous roots, or rhizomes, in growth or in flower, of begoniasBulbs, dormant or in growth, except tulip bulbsUnrooted cuttings or slips of fruit or nut trees, shrubs or bushesTrees, shrubs, bushes, vines or seedling stock, grafted or not, including those capable of bearing fruit, when in a usual containerChristmas trees, rooted or unrooted, when in a usual containerRose bushes, grafted or not, except cut roses, when in a usual containerGoods of Steel or AluminumGoods of steel that are classified under headings 72.06 through 72.15, subheadings 7216.10 through 7216.50 or subheading 7216.99, headings 72.17 through 72.29, subheading 7301.10, 7302.10, 7302.40 or 7302.90 or headings 73.04 through 73.06, except wireGoods of aluminum that are classified under heading 76.01 or headings 76.04 through 76.09 and castings or forgings that are classified under subheading 7616.99, except wire (other than barbed wire)

Schedule II · (Subsection 2(2))

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Goods for charitable purposes and not for the purpose of sale

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Goods that are gifts or bequests

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Goods that are antiques or goods produced more than 20 years prior to importation

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Used goods, with the exception of iron pipes and tubes and goods of steel or aluminum that are referred to in item 7 of Schedule I

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Goods that are for the exclusive use of the importer or the importer’s employees and not for resale to the general public, with the exception of iron pipes and tubes and goods of steel or aluminum that are referred to in item 7 of Schedule I

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Goods imported for use by the importer and not intended for sale in the form in which they were imported

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Goods that are imported under tariff item No. 9808.00.00, 9809.00.00 or 9810.00.00

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Goods that are imported for subsequent exportation from Canada, with the exception of iron pipes and tubes and goods of steel or aluminum that are referred to in item 7 of Schedule I

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Goods that, for purposes of temporary duty-free admission, are in transit or in bond or otherwise under customs control

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Goods that are incapable of being marked

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Goods that cannot be marked prior to exportation without causing them injury

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Goods that cannot be marked except at a cost that is substantial in relation to their value for duty so as to discourage their exportation

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Goods that cannot be marked without materially impairing their function or substantially detracting from their appearance

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Goods that are in a container that is marked in a manner that will reasonably indicate their origin to the ultimate purchaser

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Goods that are crude substances

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Goods that are to undergo production in Canada by the importer, or on the importer’s behalf, in a manner that would result in their becoming goods the country of origin of which is Canada

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Goods in respect of which, by reason of their character or the circumstances of their importation, the ultimate purchaser would reasonably know their country of origin even though the goods are not marked with country of origin

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Goods that are imported without the required marking and cannot be marked after their importation except at a cost that would be substantial in relation to their value for duty, provided that the failure to mark the goods before importation was not for the purpose of avoiding compliance with the marking requirement

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Goods that are original works of art

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Goods that are classified under subheading 6904.10 or heading 85.41 or 85.42

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Goods in respect of which there is no ultimate purchaser

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.