Vol. 146, No. 26 — December 19, 2012

Registration

SOR/2012-259 November 30, 2012

CUSTOMS TARIFF

Order Amending the Schedule to the Customs Tariff (Harmonized System Conversion, 2012-2)

P.C. 2012-1597 November 29, 2012

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 14 (see footnote a) of the Customs Tariff (see footnote b), makes the annexed Order Amending the Schedule to the Customs Tariff (Harmonized System Conversion, 2012-2).

ORDER AMENDING THE SCHEDULE TO THE CUSTOMS TARIFF (HARMONIZED SYSTEM CONVERSION, 2012-2)

AMENDMENTS

  • 1. The List of Tariff Provisions set out in the schedule to the Customs Tariff (see footnote 1)
  • is amended as set out in Part 1 of the schedule to this Order.
  • 2. The List of Tariff Provisions set out in the schedule to the English version of the Act is amended as set out in Part 2 of the schedule to this Order.
  • 3. The List of Tariff Provisions set out in the schedule to the French version of the Act is amended as set out in Part 3 of the schedule to this Order.
  • 4. The List of Tariff Provisions set out in the schedule to the Act is amended by adding, in numerical order, the tariff provision set out in Part 4 of the schedule to this Order.

COMING INTO FORCE

5. This Order comes into force on the day on which it is registered.

SCHEDULE

PART 1
(Section 1)

AMENDMENTS TO THE LIST OF TARIFF PROVISIONS

  • 1.The Description of Goods of tariff item No. 0302.24.00 is amended by replacing the reference to “(Psetta maxima, Scophthalmidae)” with a reference to “(Psetta maxima)”.
  • 2.The Description of Goods of tariff item No. 0302.55.00 is amended by replacing the reference to “Theraga” with a reference to “Theragra”.
  • 3.The Description of Goods of tariff item No. 0303.34.00 is amended by replacing the reference to “(Psetta maxima, Scophthalmidae)” with a reference to “(Psetta maxima)”.
  • 4.The Description of Goods of tariff item No. 0303.67.00 is amended by replacing the reference to “Theraga” with a reference to “Theragra”.
  • 5.The Description of Goods of tariff item No. 0304.75.00 is amended by replacing the reference to “Theraga” with a reference to “Theragra”.
  • 6.The Description of Goods of tariff item No. 0304.94.00 is amended by replacing the reference to “Theraga” with a reference to “Theragra”
  • 7.The Description of Goods of tariff item No. 0304.95.00 is amended by replacing the reference to “Theraga” with a reference to “Theragra”.
  • 8.The Description of Goods of the preamble preceding subheading 5601.21 is replaced by the following:
    • -Wadding of textile materials and other articles thereof:
  • 9.The Description of Goods of tariff item No. 8452.90.10 is replaced by the following:
    • ---Furniture, bases and covers for sewing machines, and parts thereof, for domestic sewing machines

PART 2
(Section 2)

AMENDMENTS TO THE ENGLISH VERSION OF THE LIST OF TARIFF PROVISIONS

  • 1.The Description of Goods of subheading 0105.15 is replaced by the following:
    • --Guinea fowls
  • 2.The Description of Goods of tariff item No. 0304.43.00 is amended by replacing the reference to “Scophthalmidaeand” with a reference to “Scophthalmidae and”.
  • 3.Supplementary Note 4(c) to Chapter 8 is amended by replacing the reference to “0809.20.29, 0809.20.39” with a reference to “0809.21.19, 0809.29.29”.
  • 4.Note 4 to Chapter 25 is amended by replacing the reference to “broken pottery” with a reference to “broken pieces of pottery”.
  • 5.The Description of Goods of subheading 2710.20 is amended by replacing the reference to “containing, biodiesel, other than waste oils” with a reference to “containing biodiesel, other than waste oils”.
  • 6.The Description of Goods of tariff item No. 2903.71.00 is replaced by the following:
    • --Chlorodifluoromethane
  • 7.The Description of Goods of subheading 8205.90 is amended by replacing the reference to “incuding sets” with a reference to “including sets”.

PART 3
(Section 3)

AMENDMENTS TO THE FRENCH VERSION OF THE LIST OF TARIFF PROVISIONS

  • 1.The Description of Goods of the preamble preceding tariff item No. 0302.51.00 is amended by replacing the reference to “Macrouridae Melanonidae” with a reference to “Macrouridae, Melanonidae”.
  • 2.The Description of Goods of tariff item No. 0302.85.00 is amended by replacing the reference to “(Sparidés)” with a reference to “(Sparidés) (Sparidae)”.
  • 3.The Description of Goods of the preamble preceding tariff item No. 0303.23.00 is amended by replacing the reference to “perches du Nil Lates niloticus)” with a reference to “perches du Nil (Lates niloticus)”.
  • 4.The Description of Goods of tariff item No. 0304.83.00 is amended by replacing the reference to “Soléidés, Scophthalmidés” with a reference to “Soléidés, Scophthalmidés”.
  • 5.The Description of Goods of the preamble preceding tariff item No. 0305.51.00 is amended by striking out the reference to “y compris les abats,”.
  • 6.The Description of Goods of tariff item No. 0713.34.00 is amended by replacing the reference to “(Vigna subterranae ou Voandzeia subterranae)” with a reference to “(Vigna subterranea ou Voandzeia subterranea)”.
  • 7.The Description of Goods of subheading 1701.13 is amended by replacing the reference to “Sucres de canne mentionnés” with a reference to “Sucre de canne mentionné”.
  • 8.The Description of Goods of heading 48.18 is amended by replacing the reference to “ouate de cellulose ou nappes de fibres de cellulose.” with a reference to “papier, ouate de cellulose ou nappes de fibres de cellulose.”.
  • 9.Note 1u) to Section XI is amended by replacing the reference to “tampond hygiéniques” with a reference to “tampons hygiéniques”.
  • 10.The Description of Goods of tariff item No. 9301.10.10 is replaced by the following:
    • ---Canons

PART 4
(Section 4)

ADDITION TO THE LIST OF TARIFF PROVISIONS

Tariff Item

Description of Goods

Most-Favoured-Nation Tariff

Preferential Tariff

Initial Rate

Final Rate

Initial Rate

Final Rate

8452.90.20

---Other parts of domestic sewing machines

Free

Free (A)

UST: Free

UST: Free (A)

MT: Free

MT: Free (A)

MUST: Free

MUST: Free (A)

CT: Free

CT: Free (A)

CIAT: Free

CIAT: Free (A)

CRT: Free

CRT: Free (A)

IT: Free

IT: Free (A)

NT: Free

NT: Free (A)

SLT: Free

SLT: Free (A)

JT: Free

JT: Free (A)

PT: Free

PT: Free (A)

COLT: Free

COLT: Free (A)

GPT: Free

GPT: Free (A)

LDCT: Free

LDCT: Free (A)

CCCT: Free

CCCT: Free (A)

AUT: N/A

AUT: N/A

NZT: N/A

NZT: N/A

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues and objectives

Canada and over 160 other countries are signatories to the International Convention on the Harmonized Commodity Description and Coding System (Harmonized System) which guides the numbering and description of the approximately 7 500 tariff items in the Schedule to the Customs Tariff. The World Customs Organization (WCO) is the international body that maintains the Harmonized System (HS). Under the WCO auspices, member countries periodically update the HS to reflect changing technology and patterns of trade. The most recent round of amendments took effect on January 1, 2012, and were implemented in Canada by the Order Amending the Schedule to the Customs Tariff (Harmonized System Conversion, 2012) (the amending Order).

Subsequent to the making of the amending Order, the WCO issued some technical/clarification amendments to the HS 2012 nomenclature. Additionally, the Standing Joint Committee for the Scrutiny of Regulations has identified minor technical errors (i.e. typographical, translation or transposition errors) in the amending Order (P.C. 2011-940). Finally, the deletion of subheading 8452.40 and transfer of products to subheading 8452.90 made in the amending Order has raised questions as to whether duties now apply to certain parts for domestic sewing machines.

Amendments to the Schedule to the Customs Tariff are necessary to ensure that Canada’s tariff schedule is consistent with the Harmonized System nomenclature, the minor technical errors are corrected and the Harmonized System changes do not affect the rate of duty accorded to the products.

Description

The Order amends the Schedule to the Customs Tariff to

  • reflect new nomenclature amendments by the WCO (e.g. correct the scientific name of certain fish species);
  • correct minor technical errors; and
  • modify the product description of one tariff item (8452.90.10) and introduce another tariff item (8452.90.20) to ensure that certain parts for domestic sewing machines that were duty-free prior to the HS change remain duty-free.

Consultation

No consultation was necessary. The amendments are technical in nature and do not involve any change in tariff policy.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this Order, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this Order, as there are no costs imposed on small business.

Rationale

The amendments in this Order ensure harmonization of the Customs Tariff with the Harmonized System nomenclature and tariff rate neutrality.

Implementation, enforcement and service standards

The Canada Border Services Agency is responsible for the administration of and compliance with customs and tariff legislation and regulations. In the course of its administration of these tariff amendments, the Agency will inform the importing community.

Contact

Diane Kelloway
International Trade Policy Division
Department of Finance
Ottawa, Ontario
K1A 0G5
Telephone: 613-996-6470