Vol. 147, No. 26 — December 18, 2013

Registration

SOR/2013-216 November 29, 2013

CUSTOMS ACT

CPFTA Verification of Origin Regulations

P.C. 2013-1292 November 28, 2013

Whereas, pursuant to paragraph 167.1(b) (see footnote a) of the Customs Act (see footnote b), the annexed Regulations give effect, in part, to a public announcement made on July 30, 2009 known as Customs Notice 09-018;

And whereas Customs Notice 09-018 provides that the Regulations giving effect to that announcement come into force on August 1, 2009;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 42.1 (see footnote c), paragraphs 164(1)(i) (see footnote d) and (j), subsection 164(1.1) (see footnote e) and paragraph 167.1(b) (see footnote f) of the Customs Act (see footnote g), makes the annexed CPFTA Verification of Origin Regulations.

CPFTA VERIFICATION OF ORIGIN REGULATIONS

INTERPRETATION

1. The following definitions apply in these Regulations.

“Act” means the Customs Act. (Loi)

“competent authority” means the Ministerio de Comercio Exterior y Turismo, the Superintendencia Nacional de Administración Tributaria or, if Peru provides written notice to Canada of their replacement, their successors. (autorité compétente)

“customs administration” means the authority responsible under the laws of Canada for the administration of customs laws and regulations. (administration douanière)

“goods” means goods for which preferential tariff treatment under the CPFTA is claimed. (marchandises)

“material” means a good that is used in the production of another good, and includes a part or ingredient. (matière)

“verification letter” means a letter that contains a request for information regarding the origin of goods that are the subject of a verification of origin. (lettre de vérification)

“verification questionnaire” means a questionnaire that contains requests for information regarding the origin of goods that are the subject of a verification of origin. (questionnaire de vérification)

“verification visit” means the entry into premises or a place for the purpose of conducting a verification of origin of goods under paragraph 42.1(1)(a) of the Act. (visite de vérification)

MANNER OF CONDUCTING A VERIFICATION OF ORIGIN

2. In addition to a verification visit, a verification of origin of goods may be conducted by reviewing the following:

VERIFICATION LETTERS AND VERIFICATION QUESTIONNAIRES

3. A verification letter or verification questionnaire must

EXTENSION OF TIME

4. A person who receives a verification letter or verification questionnaire may, on a single occasion and within the period specified in the letter or questionnaire, make a written request to the customs administration, asking for an extension of that period. The extension shall be granted for a further period of not more than 30 days.

VERIFICATION VISIT

PREMISES

5. The following premises in Peru may be entered for the purposes of a verification visit:

CONDITIONS

6. (1) It is prohibited for an officer to conduct a verification visit until the following conditions are satisfied:

(2) The written notice of the verification visit shall specify

POSTPONEMENT

7. (1) A verification visit is postponed if, within 15 days after the day on which it receives a notice under subparagraph 6(1)(a)(ii), Peru sends a written request to the officer who sent the notice.

(2) The postponement of the visit shall be for a period not exceeding 60 days, beginning on the day on which the notice is received, or for any longer period agreed to by Peru and the customs administration.

(3) A person who receives a notice under subparagraph 6(1)(a)(i) may, on a single occasion and within 15 days after the day on which the notice is received, request the postponement of the verification visit by sending a written request for postponement to the officer who sent the notice.

(4) A postponement of the visit shall be for a period not exceeding 60 days, beginning on the day on which the notice is received, or for any longer period agreed to by the customs administration.

OBSERVERS

8. (1) A person who receives a notice under subparagraph 6(1)(a)(i) may designate two observers to be present during the verification visit.

(2) Participation of the observers during the visit is limited to observation.

(3) A person who designates observers must identify them to the officer conducting the verification visit.

DENIAL OR WITHDRAWAL OF PREFERENTIAL TARIFF TREATMENT UNDER CPFTA

9. (1) For the purpose of subsection 42.1(2) of the Act, the exporter and the producer of goods are, in relation to a verification of origin under paragraph 42.1(1)(a) of the Act, required to

(2) For the purpose of subsection 42.1(2) of the Act, consent to the verification visit shall be provided in writing by the exporter or producer within 30 days after the day on which the notice sent under subparagraph 6(1)(a)(i) is received.

10. (1) An officer must send a written notice of the intent to re-determine the origin of goods under subsection 59(1) of the Act with any statement that is provided to an exporter or producer of goods pursuant to subsection 42.2(1) of the Act and that states that the goods that are the subject of a verification of origin are not eligible for preferential tariff treatment under the CPFTA.

(2) The written notice must specify the date after which preferential tariff treatment under the CPFTA may be denied or withdrawn in respect of the goods that are the subject of the verification of origin and the period during which the exporter or producer of the goods may provide written comments or additional information regarding the origin of those goods.

MEANS OF COMMUNICATION

11. A verification letter, a verification questionnaire and the notices referred to in paragraph 6(1)(a) and section 10 must be sent by any means that produces confirmation of receipt.

COMING INTO FORCE

12. These Regulations are deemed to have come into force on August 1, 2009.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2013-213, Regulations Amending Certain Regulations Made Under the Customs Act (CEFTA, CPFTA and CCOFTA).