Vol. 147, No. 21 — October 9, 2013

Registration

SOR/2013-165 September 30, 2013

CUSTOMS TARIFF

General Preferential Tariff and Least Developed Country Tariff Rules of Origin Regulations

P.C. 2013-971 September 27, 2013

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2) (see footnote a) of the Customs Tariff (see footnote b), makes the annexed General Preferential Tariff and Least Developed Country Tariff Rules of Origin Regulations.

GENERAL PREFERENTIAL TARIFF AND LEAST DEVELOPED COUNTRY TARIFF RULES OF ORIGIN REGULATIONS

INTERPRETATION

1. The following definitions apply in these Regulations.

“beneficiary country” means a country or territory that is a beneficiary of the General Preferential Tariff. (pays bénéficiaire)

“fabric” means any good referred to in heading 50.07, 51.11 through 51.13, 52.08 through 52.12, 53.09 through 53.11, 54.07 through 54.08, 55.12 through 55.16, 58.01 through 58.07, 58.09 through 58.11, 59.01 through 59.11 or 60.01 through 60.06 of the List of Tariff Provisions set out in the schedule to the Customs Tariff. (tissu)

“least developed country” means a country or territory that is a beneficiary of the Least Developed Country Tariff. (pays parmi les moins développés)

“yarn” means any good referred to in heading 50.04 through 50.06, 51.06 through 51.10, 52.04 through 52.07, 53.06 through 53.08, 54.01 through 54.06 or 55.08 through 55.11 of the List of Tariff Provisions set out in the schedule to the Customs Tariff. (fil)

ORIGIN OF GOODS

2. (1) A good originates in a beneficiary country or a least developed country if the good is

• (a) a mineral product extracted from the soil or the seabed of the country;
• (b) a vegetable product harvested in the country;
• (c) a live animal born and raised in the country;
• (d) a good obtained in the country from a live animal;
• (e) a good obtained from hunting or fishing in the country;
• (f) a good obtained from sea fishing or any other marine good taken from the sea by a vessel of the country;
• (g) a good produced on board a factory ship of the country exclusively from a good referred to in paragraph (f);
• (h) waste and scrap derived from manufacturing operations of the country;
• (i) a used good of the country imported into Canada for use only for the recovery of raw materials; or
• (j) a good produced in the country exclusively from a product or good referred to in any of paragraphs (a) to (h).

(2) Goods originate in a beneficiary country if the value of the materials, parts or products originating outside that country, or in an undetermined location, and used in the manufacture or production of the goods is no more than 40% of the ex-factory price of the goods as packed for shipment to Canada.

(3) Goods other than those set out in Part A1 or B of Schedule 1 originate in a least developed country if the value of the materials, parts or products originating outside that country, or in an undetermined location, and used in the manufacture or production of the goods is no more than 60% of the ex-factory price of the goods as packed for shipment to Canada.

(4) Goods set out in Part A1 or A2 of Schedule 1 originate in a least developed country if they are assembled in a least developed country from fabric cut in that country or in Canada, or from parts knit to shape, if the fabric or parts knit to shape are produced in

• (a) any least developed country or Canada from yarns spun or extruded in a least developed country, a country set out in Schedule 2 or Canada, if the yarns do not undergo further processing outside a least developed country, a country set out in Schedule 2 or Canada, and the fabric does not undergo further processing outside a least developed country or Canada; or
• (b) a country set out in Schedule 2 from yarns spun or extruded in a least developed country, a country set out in Schedule 2 or Canada, if
  • (i) the yarns and fabric do not undergo further processing outside a least developed country, a country set out in Schedule 2 or Canada, and
  • (ii) the value of any materials, including packing, that are used in the manufacture of the goods and that originate outside the least developed country in which the goods are assembled is no more than 75% of the ex-factory price of the goods as packed for shipment to Canada.

(5) For the purpose of subparagraph (4)(b)(ii), any materials used in the manufacture or production of the goods referred to in that subparagraph that originate in Canada are deemed to have originated in the least developed country.

(6) Goods set out in Part B of Schedule 1 originate in a least developed country if they are cut, or knit to shape, and sewn or otherwise assembled in the least developed country from fabric produced in any least developed country or Canada from yarns spun or extruded in a least developed country, a country set out in Schedule 2 or Canada, if the yarns do not undergo further processing outside a least developed country, a country set out in Schedule 2 or Canada and the fabric does not undergo further processing outside a least developed country or Canada.

(7) For the purpose of determining whether a good set out in Part A1, A2 or B of Schedule 1 originates in a least developed country, paragraph (4)(a), subparagraph (4)(b)(i) and subsection (6) apply only to the fabric or parts knit to shape that determine the tariff classification of the good, identified in accordance with the General Rules for the Interpretation of the Harmonized System set out in the Customs Tariff.

(8) For the purpose of subsection (2), the following are deemed to have originated in the beneficiary country:

• (a) any materials, parts or products used in the manufacture or production of the goods referred to in that subsection and originating in any other beneficiary country or in Canada; and
• (b) any packing required for the transportation for the goods referred to in that subsection, not including packing in which the goods are ordinarily sold for consumption in the beneficiary country.

(9) For the purpose of subsection (3), the following are deemed to have originated in the least developed country:

• (a) any materials, parts or products that are used in the manufacture or production of the goods referred to in that subsection and that
  • (i) originate in any other least developed country or in Canada, or
  • (ii) have a value of no more than 20% of the ex-factory price of the goods, as packed for shipment to Canada, and originate in a country set out in Schedule 2, other than a least developed country; and
• (b) any packing required for the transportation of the goods referred to in that subsection, not including packing in which the goods are ordinarily sold for consumption in the least developed country.

3. (1) For the purpose of determining the origin of goods, each good in a shipment must be considered separately, except that

• (a) if a group, set or assembly of goods is classified in one tariff item, the group, set or assembly is considered to be one good, and
• (b) tools, parts and accessories are considered to form a whole with a good if
  • (i) they are imported with the good,
  • (ii) they constitute the equipment customarily included in the sale of a good of that kind, and
  • (iii) their price is included in that of the good and no separate charge is made.

(2) An unassembled good that is imported in more than one shipment because it is not feasible for transport or production reasons to import it in one shipment is considered to be one good.

DIRECT SHIPMENT

4. (1) Goods are entitled to the General Preferential Tariff only if they are shipped directly to Canada, with or without transhipment, from a beneficiary country.

(2) Goods are entitled to the Least Developed Country Tariff only if they are shipped directly to Canada, with or without transhipment, from a least developed country.

REPEAL

5. The General Preferential Tariff and Least Developed Country Tariff Rules of Origin Regulations (see footnote 1) are repealed.

COMING INTO FORCE

6. These Regulations come into force on January 1, 2015.

SCHEDULE 1
(Section 2)

PART A1

APPAREL

Goods referred to in headings 61.01, 61.02, 61.03, 61.04, 61.05, 61.06, 61.07, 61.08 and 61.09, tariff item Nos. 6110.11.90, 6110.12.90 and 6110.19.90, subheadings 6110.20, 6110.30 and 6110.90, heading 61.12, tariff item No. 6113.00.90, heading 61.14, tariff item Nos. 6115.10.10 and 6115.10.99, subheadings 6115.21, 6115.22, 6115.30, 6115.95, 6115.96 and 6115.99, tariff item Nos. 6117.10.90 and 6117.80.90, heading 62.01, subheadings 6202.11, 6202.12, 6202.13, 6202.91, 6202.92, 6202.93 and 6202.99, heading 62.03, subheadings 6204.11, 6204.12, 6204.13, 6204.19, 6204.21, 6204.22, 6204.23, 6204.29, 6204.31, 6204.32, 6204.33, 6204.39, 6204.41, 6204.42, 6204.43, 6204.44, 6204.51, 6204.52, 6204.53, 6204.59, 6204.61, 6204.62, 6204.63, 6204.69, 6205.20, 6205.30, 6206.20, 6206.30, 6206.40, 6206.90, 6207.11, 6207.19, 6207.21, 6207.22, 6207.91, 6207.99, 6208.11, 6208.19, 6208.21, 6208.22, 6208.91 and 6208.92, tariff item No. 6210.10.90, subheadings 6210.20 and 6210.30, tariff item Nos. 6210.40.90 and 6210.50.90, subheading 6211.11, tariff item No. 6211.12.90, subheadings 6211.20 and 6211.32, tariff item Nos. 6211.33.90 and 6211.39.10, subheading 6211.42, tariff item Nos. 6211.43.90 and 6211.49.90, heading 62.12, tariff item Nos. 6213.90.90, 6214.20.90 and 6214.30.90, subheadings 6214.40, 6214.90, 6215.20 and 6215.90, tariff item No. 6217.10.90, subheading 6217.90 and tariff item Nos. 9619.00.23, 9619.00.24, 9619.00.25 and 9619.00.29.

PART A2

APPAREL

Goods referred to in tariff item Nos. 6110.11.10, 6110.12.10 and 6110.19.10, heading 61.11, tariff item Nos. 6113.00.10 and 6113.00.20, subheadings 6115.94, 6116.10, 6116.91, 6116.92, 6116.93 and 6116.99, tariff item Nos. 6117.10.10 and 6117.80.10, subheadings 6117.90, 6202.19, 6204.49, 6205.90, 6206.10, 6207.29, 6208.29 and 6208.99, heading 62.09, tariff item Nos. 6210.10.10, 6210.40.10, 6210.50.10, 6211.12.10, 6211.33.10, 6211.43.10, 6211.43.20, 6211.49.10 and 6211.49.20, subheading 6213.20, tariff item No. 6213.90.10, subheading 6214.10, tariff item Nos. 6214.20.10 and 6214.30.10, subheadings 6215.10 and 6216.00 and tariff item Nos. 6217.10.10, and 9619.00.10.

PART B

MADE-UP TEXTILE ARTICLES

Goods referred to in subheadings 6301.10, 6301.30, 6302.10, 6302.21, 6302.22, 6302.29, 6302.31, 6302.32, 6302.39, 6302.40 and 6302.51, tariff item No. 6302.53.90, subheadings 6302.59, 6302.60, 6302.91, 6302.93 and 6302.99, heading 63.03, subheadings 6304.11 and 6304.19, tariff item Nos. 6304.91.90, 6304.92.90, 6304.93.90 and 6304.99.90, subheadings 6305.20, 6305.32, 6305.33 and 6305.39, tariff item Nos. 6307.10.90, 6307.90.40, 6307.90.93 and 6307.90.99, heading 63.08 and tariff item No. 6309.00.90.

SCHEDULE 2

(Section 2)

Afghanistan; Algeria; American Samoa; Angola; Anguilla; Antigua and Barbuda; Antilles, Netherlands; Argentina; Armenia; Ascension Island; and Azerbaijan

Bahamas; Bahrain; Bangladesh; Barbados; Belize; Benin; Bermuda; Bhutan; Bolivia; Bosnia and Herzegovina; Botswana; Brazil; British Indian Ocean Territory; Brunei; Burkina Faso; and Burundi

Cambodia; Cameroon; Cape Verde; Cayman Islands; Central African Republic; Chad; Chile; China; Christmas Island; Cocos (Keeling) Islands; Colombia; Comoros; Congo; Cook Islands; Costa Rica; Côte d’Ivoire; Croatia; and Cuba

Democratic Republic of Congo; Djibouti; Dominica; and Dominican Republic

Ecuador; Egypt; El Salvador; Equatorial Guinea; Eritrea; and Ethiopia

Falkland Islands; Fiji; and French Polynesia

Gabon; Gambia; Georgia; Ghana; Gibraltar; Grenada; Guam; Guatemala; Guinea; Guinea-Bissau; and Guyana

Haiti; Honduras; and Hong Kong

India; Indonesia; Iran; Iraq; and Israel

Jamaica; and Jordan

Kazakhstan; Kenya; Kiribati; Kuwait; and Kyrgyzstan

Laos; Lebanon; Lesotho; and Liberia

Macao; Macedonia; Madagascar; Malawi; Malaysia; Maldives; Mali; Mariana Islands; Marshall Islands; Mauritania; Mauritius; Mexico; Micronesia; Moldova; Mongolia; Montserrat; Morocco; and Mozambique

Namibia; Nauru; Nepal; New Caledonia and Dependencies; Nicaragua; Niger; Nigeria; Niue; Norfolk Island; and North Africa, Spanish

Oman

Pakistan; Palau; Panama; Papua New Guinea; Paraguay; Peru; Philippines; and Pitcairn

Qatar

Russia; and Rwanda

Saint Helena and Dependencies; Saint Kitts and Nevis; Saint Lucia; Saint Vincent and the Grenadines; Samoa; Sao Tome and Principe; Senegal; Seychelles; Sierra Leone; Singapore; Solomon Islands; Somalia; South Africa; South Korea; Southern and Antarctic Territories French; Sri Lanka; Sudan; Suriname; Swaziland; and Syria

Tajikistan; Tanzania; Thailand; Timor-Leste; Togo; Tokelau Islands; Tonga; Trinidad and Tobago; Tristan Da Cunha; Tunisia; Turkey; Turkmenistan; Turks and Caicos Islands; and Tuvalu

Uganda; Ukraine; United Arab Emirates; Uruguay; and Uzbekistan

Vanuatu; Venezuela; Vietnam; Virgin Islands, British and Virgin Islands, U.S.A.

Yemen

Zambia; and Zimbabwe

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2013-161, General Preferential Tariff Withdrawal Order (2013 GPT Review).

• Footnote a
  S.C. 2001, c. 28, s. 34(1)
• Footnote b
  S.C. 1997, c. 36
• Footnote 1
  SOR/98-34