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
ocers (ocials), 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
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