Regulations Amending the Marking of Imported Goods Regulations (Miscellaneous Program): SOR/2020-83

Canada Gazette, Part II, Volume 154, Number 9

Registration

SOR/2020-83 April 7, 2020

CUSTOMS TARIFF

The Minister of Public Safety and Emergency Preparedness, pursuant to subsection 19(2) footnote a of the Customs Tariff footnote b, makes the annexed Regulations Amending the Marking of Imported Goods Regulations (Miscellaneous Program).

Ottawa, March 30, 2020

William Sterling Blair

Minister of Public Safety and Emergency Preparedness

Regulations Amending the Marking of Imported Goods Regulations (Miscellaneous Program)

Amendments

1 (1) The definition NAFTA goods in section 2 of the English version of the Marking of Imported Goods Regulations footnote 1 is repealed.

(2) The definition marchandises d’un pays ALÉNA in section 2 of the French version of the Regulations is replaced by the following:

marchandises d’un pays ACEUM Marchandises auxquelles s’applique le Règlement sur la détermination, aux fins de marquage, du pays d’origine des marchandises (pays ACEUM). (CUSMA goods)

(3) Section 2 of the English version of the Regulations is amended by adding the following in alphabetical order:

CUSMA goods means any goods in respect of which the Determination of Country of Origin for the Purpose of Marking Goods (CUSMA Countries) Regulations apply; (marchandises d’un pays ACEUM)

2 The Regulations are amended by replacing “NAFTA” with “CUSMA” in the following provisions:

Transitional Provision

3 The provisions of the Marking of Imported Goods Regulations, as they read immediately before the coming into force of these Regulations, apply in respect of goods that were imported before the coming into force of section 183 of the Canada–United States–Mexico Agreement Implementation Act, chapter 1 of the Statutes of Canada, 2020.

Coming into Force

4 These Regulations come into force on the day on which section 183 of the Canada–United States–Mexico Agreement Implementation Act, chapter 1 of the Statutes of Canada, 2020, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

On September 30, 2018, Canada, the United States and Mexico announced the completion of negotiations toward a revised North American Free Trade Agreement (NAFTA). Following more than a year of negotiations, the three countries reached important outcomes in key areas, including market access, rules of origin for automotive manufacturing, agriculture, labour, environment, intellectual property rights, culture, and dispute settlement. This outcome is expected to strengthen the trilateral commercial relationship and provide much-needed stability and predictability for Canadian businesses and workers. The Canada-United States-Mexico Agreement (CUSMA) was signed by all Parties at Buenos Aires on November 30, 2018. An Act to implement the Agreement between Canada, the United States of America and the United Mexican States obtained royal assent on March 13, 2020. Consequential technical amendments are required to update the Marking of Imported Goods Regulations (the Regulations) made under the Customs Tariff.

The Regulations prescribe the marking of imported goods to indicate their country of origin or geographic area of origin, as well as prescribe the manner of marking and the timing of the marking (e.g. before or after importation).

Objective

Technical amendments modifying the Regulations are required to support the seamless transition from NAFTA to CUSMA and to ensure stakeholders will have current and clear regulations in place at the time of implementation of CUSMA.

Description and rationale

All references to “NAFTA goods” and “non-NAFTA goods” are replaced with terms which indicate goods from CUSMA countries or goods from non-CUSMA countries, and all references to NAFTA are changed to refer to CUSMA. Further, the Regulations will be amended to account for the change of the name of the Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations to its new name consequent to CUSMA.

One-for-one rule

The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to businesses.

Small business lens

The small business lens does not apply to these amendments, as there are no costs to small businesses.

Contact

Jean-François Bédard
Acting Manager
Origin, Valuation and Negotiations Unit
Trade and Anti-Dumping Programs Directorate
Canada Border Services Agency
Email: Jean-FrancoisH.Bedard@cbsa-asfc.gc.ca