Index

• Author: Mohan Prabhu
• Pages: 539-570

539

Index

Administrative determinations and

appeals

abatement and refund of duties, 54–55

appeals to provincial courts, 54

appeals to the Tribunal, 49–53

determination of value of duty, tariff

classification, and origin, 44

enforcement

administrative and investigative

powers, 57–58

appeals, 65

ascertained forfeiture, 64

criminal offences and punishment,

70–75

Detailed Adjustment Statements

(DAS), 57

examination of goods, 60–61

forfeiture, 61–64

penalty for violations, 68–70

search of the person, 59–60

seizure of goods and conveyances, 61

third party claims, 65–68

marking determination, 44

payment of duties and taxes before

appeal, 45–49

references to Tribunal, 53

Administrative Monetary Penalty Sys-

tem (AMPS), 13, 68–69, 72. See also

Administrative determinations and

appeals, enforcement

Agricultural Marketing Programs Act, 402.

See also Export and Import Permits

Act, establishment of lists, Import

Control List (ICL)

Agricultural Pests’ Control Act, 1927. See

Pest Control Products Act

Agriculture and Agri-Food Administrative

Monetary Penalties Act (AAAMP), 65,

69–70, 433, 472, 475–76, 482.

See also Administrative determin-

ations and appeals, enforcement;

Canada Consumer Product Safety

Act (CCPS Act), administrative mon-

etary penalties

Agriculture Review Tribunal, 65

Animal Disease and Protection Act. See

Health of Animals Act

ATA Carnet, 279

Canada Border Services Agency (CBSA)

accounting and payment of duties,

required documentation, 10–13

CANADA’S LAWS ON IMPORT AND EXPORT

540

cargo control document (CCD), 10

cargo control number (CCN), 10

final accounting package, 13

release on minimum documenta-

tion (RMD), 10–11, 13

Administrative Monetary Penalty

System (AMPs), 68–69. See also

Administrative Monetary Penalty

System (AMPs)

advance ruling regulations, 14

advance rulings, qualifications for, 14.

See also Canadian International

Trade Tribunal

appeals to, 50

complaint

filing, 325

investigation initiated by, 326–27

Customs D Memorandum D10-0-1, 181

Customs D Memorandum D13-3-2,

23–24

Customs D Memorandum D13-4-12,

29–30. See also Goods, methods

of valuation

Customs D Memorandum D13-8-1,

42–43. See also Goods, methods

of valuation

Customs D Memorandum D13-9-1,

43. See also Goods, methods of

valuation

Customs D Memorandum D17-1-7, 13,

14

Customs Self-Assessment (CSA) Pro-

gram for Importers, 13

Customs Tariff, administration and

enforcement of, 77–78

dumping and subsidies, investigations

into, 299–300, 302, 304, 306, 353.

See also Special Import Measures

Act (SIMA)

countervailing duty on imports

from a specific country, 315

duties, liability to pay, 315–23

duties when massive importation

causes injury, 314

Federal Court of Appeal, appeals

to, 361

final determination, order, or find-

ing, action on, 329–30, 353–56

initiated, 327

NAFTA dispute settlement, 372–73

orders, review of, and injury, find-

ings of, 362–68

preliminary determination of injury,

328–29

reconsideration, 330

Reference, request to Tribunal for,

328

termination of investigation before

preliminary determination,

327–28

Tribunal, appeals to, 356–60. See

also Canadian International

Trade Tribunal, appeals to

duties for emergency repairs, applica-

tion for relief from, 280, 282

Export Control List (ECL)

cultural property, 419–20

establishment of, 399–401

exports, determination of values for.

See Special Import Measures Act

(SIMA), export price; Special Import

Measures Act (SIMA), normal value

general provisions, 391–92. See also

Special Import Measures Act

(SIMA), general provisions

goods, marking requirement for. See

Goods, marking of

Grodan Inc v President of the Canada

Border Services Agency, 56. See

also Administrative determin-

ations and appeals, abatement

and refund of duties

imported goods, disposal of unclaimed

or abandoned, 7

Index

541

licences, registering for, 7–8

licences, warehouse

customs bonded, 8, 9

highway frontier, 8, 9

Queen’s, 9, 10

sufferance, 8, 9

NAFTA, allowance of benefit, 227

ocers (ocials), powers of, 44, 56–57,

58–59, 60–61, 64, 229. See also

Administrative determinations

and appeals, enforcement

ozone-depleting substances, import

of controlled, 434–36

penalties and enforcement tools, 61–62

Presentation of Persons (2003) Regula-

tions, 56–57. See also Administra-

tive determinations and appeals,

enforcement

President’s duties and powers, 46,

48–49, 51, 53

prohibited goods, 289–91, 293

public interest inquiry, Polysio insu-

lation board exported from the

United States, 345–47

remissions, administering of, 284

Renelle Furniture Inc v President of the

Canada Border Services Agency.

See Canadian International Trade

Tribunal cases, Renelle Furniture

Inc v President of the Canada

Border Services Agency

section 20 process, 331–34. See also

Special Import Measures Act

(SIMA), section 20 process inves-

tigations

surtax, power to relieve from pay-

ment of, 254

tariff classification appeals, 81–82

tariff classifications, competing. See

Customs Tariff, Competing Tariff

Classification

Tribunal, injury inquiry by, 337–40.

values for duty, determination of, 44,

45, 46, 56. See also Goods, me-

thods of valuation

first trade level, 39

purchaser and vendor not related,

23–24

selling commissions, 35

Volpak Inc v Canada (Border Services

Agency), 48. See also Canadian

International Trade Tribunal

cases, Volpak Inc v Canada (Bor-

der Services Agency)

warehouses, regulation of customs

bonded, 275–76, 277

Canada Consumer Product Safety Act

(CCPS Act)

administrative monetary penalties

(AMPs) (sections 49–65), 433

criminal penalties (section 8), 433

duties and obligations, 432–33

incident reports (section 14), 432

recalls (sections 31, 32), 432

regulations (section 37), 433

Hazardous Products Act, CCPS as

amendment to, 429–30

prohibitions (sections 2, 5–9), 431

purpose, definitions, and application

of, 430–31

Canada Customs Coding Form (Form

B3), 11. See also Canada Border

Services Agency (CBSA), account-

ing and payment of duties, required

documentation

Canada Customs and Revenue Agency

(CCRA), 349–50, 389

Bernard Chaus Inc (Re), 47–48

binational panel decisions

iodinated contrast media from the

United States, 374–75

refrigerators and dishwashers from

the United States, 375–77