Notices
ITEM 158 - YOGURT
Serial No. 707
Date: October 16, 2006
Table of Contents
1.0 Purpose
2.0 Coverage
3.0 Duration
4.0 Authority
5.0 Size of the Yogurt TRQ for
2007
6.0 Allocation of yogurt TRQ
for 2007
7.0 Adjustment for under-utilization
8.0 Related Persons
9.0 Supplemental
imports
10.0
Application for share of the yogurt TRQ
11.0 Import Permit
Issuance
12.0 Permit Fees
13.0 Further
Information
Appendix 1 - Application
for a Permit (pdf)
Appendix 2 - Description of the process
of applying for a permit
Appendix 3 - Application
form for a share of the Yogurt TRQ for 2007 (pdf)
Appendix 4 - Definition
of "persons related"
1.1 The purposes of this Notice are:
a) to inform importers of the Minister’s policies and practices
respecting the administration of the 332,000 kilogram tariff rate quota
(TRQ) for yogurt. It should be read with the Import Allocation Regulations
and the Import Permit Regulations. Where elements of the present Notice
augment these Regulations, those elements are to be read as expressions
of the Minister’s normal practices and procedures; and,
b) to invite applications for quota shares of the yogurt TRQ available
for allocation for the period January 1 to December 31, 2007.
2.1 This Notice cancels and replaces Notice to Importers
No. 688 of October 11, 2005. It refers to Item 158 of the Import Control
List (ICL), yogurt classified under tariff item No. 0403.10.10 or 0403.10.20
in the list of tariff provisions set out in the schedule to the Customs
Tariff.
2.2 Importers who require a determination as to whether
the tariff classification of the product they intend to import is within
the scope of this Notice are to contact: Ms. Ann-Marie Broadbent,
Canada Border Services Agency, Admissibility Branch at 613-954-7013, fax:
613-952-3971 or by e-mail: anne-marie.broadbent@cbsa-asfc.gc.ca.
3.1 This Notice will remain valid until December 31,
2007.
4.1 Under the authority of paragraphs 5(1)(a) and 5(1)(d)
and section 5.3 of the Export and Import Permits Act (EIPA), Item 158
was placed on the Import Control List on August 1, 1995, in order to implement
a Canadian commitment under the World Trade Organization (WTO) Agreement
on Agriculture.
4.2 Under TRQs, imports are subject to low "within
access commitment" rates of duty up to a predetermined limit (i.e.
until the import access quantity has been reached), while imports over
this limit are subject to higher "over access commitment" rates
of duty. By section 6.2 of the EIPA, the Minister responsible for the
Act may: a) determine an import access quantity allowed entry at the low
rate of duty, b) establish a method of allocating the import access quantity,
and c) issue an import allocation to any resident of Canada who applies
for an allocation, subject to the regulations and any terms and conditions
the Minister may specify in the allocation. Having established an import
access quantity, the Minister shall under subsection 8.3(1) of the EIPA
issue import permits to allocation holders who apply for permits, up to
the limit of that quantity, subject to compliance and application of regulations
made under section 12 of the EIPA; these permits shall entitle the goods
to which they apply to be subject to lower rates of duty. Subsection 8.3(3)
allows the Minister to issue permits in excess of the access quantity.
Pursuant to subsection 10.(1) of the EIPA, the Minister may amend, suspend,
cancel or re-instate any permit, import allocation or other authorization
issued or granted under the Act.
5.1 The Yogurt TRQ for 2007 is set at 332,000 kg.
6.1 In 2007, the yogurt TRQ will be allocated to historical
allocation holders on the basis of historical import quota. For purposes
of this Notice, “historical import quota” means an allocation
that was made in 1994 on the basis of an allocation made at the time of
the initial imposition of import controls, as adjusted since then (e.g.
for under-utilization).
6.2 Once the requirements of those applicants described
in section 6.1 have been met, the balance of the TRQ, if any, will be
allocated on an equal-share basis to eligible yogurt distributors. Eligible
distributor applicants may receive an allocation on the basis of their
specific request if the quantity requested is less than an equal share.
For the purposes of this Notice, "yogurt distributors" are defined
as companies that sold yogurt to retailers in 2006; and “retailers”
are defined as grocery stores, hotels, restaurants and institutions that
sell or serve yogurt to consumers.
7.1 A company that uses less than 90% of its import
allocation in any one year may receive an allocation in the next year
which reflects its actual level of use.
8.1 For the purpose of this Notice, where two or more
applicants are related persons, they shall be eligible for only one allocation.
To determine which persons are related, an applicant for an allocation
is asked to provide a brief profile of the company in part 12 of the application,
which should include a list of "related persons" (see Appendix
4, “Information Concerning Related Persons”).
8.2 In the case of separate applications from related
applicants involving a parent company and one or more subsidiaries, only
the application nominated by the parent company will be considered. If
the parent company does not make such a nomination in writing, it shall
be made by the EICB.
9.1 The Minister may authorize imports of yogurt in
excess of the 332,000 kg import access quantity, in particular when the
importation of these products are required to meet Canadian market needs.
9.2 Requests for such supplemental permits may be addressed
to Mr. Hugues Leroux at the address below. In deciding whether or not
to issue a supplemental permit, the Minister will consider, amongst other
criteria, the availability of like or directly substitutable products
on the Canadian market.
10.1 Applications for a share of the yogurt TRQ for
2007 must be made by fully completing the application form, attached as
Appendix 3, and must be postmarked on or before December 5, 2006.
10.2 Applications sent by MAIL or by COURIER should
be addressed to:
Mr. Stéphan Moreau
Agriculture Section
Trade Controls Policy Division (EPM)
Export and Import Controls Bureau
International Trade Canada
Lester B. Pearson Bldg. Tower C, 4th Floor
125 Sussex Drive
Ottawa, Ontario
K1N 9K6
10.3 Applications received by facsimile will not be
accepted. Only original applications will be accepted.
10.4 Applications postmarked after December 5, 2006,
will not be considered. Claims of lost applications will not normally
be considered without acceptable proof that they were sent before the
deadline (e.g. courier receipt).
10.5 Unless otherwise specified by the applicant, EICB
officials communicate with an EIPA authorization applicant in the official
language of Canada which the applicant has used on their application.
11.1 Import permits are normally issued, pursuant to
an import authorization and are required for each shipment of yogurt falling
within tariff item No. 0403.10.10 or 0403.10.20 in the List of Tariff
Provisions set out in the schedule to the Customs Tariff. Importers may
either invoke General Import Permit (GIP) No. 100 - Eligible Agricultural
Goods, a copy of which is available on request, or present an import permit
issued to their firm by the Export and Inport Controls Bureau for that
shipment ("specific import permit"), in order to clear customs.
The “specific import permit” must also be presented to Canada
Border Services Agency (CBSA) at the time of accounting in order for the
shipment to be eligible for classification under tariff item No. 0403.10.10.
for which the duty rate is free from the United States and 6.5% from other
countries. Goods imported without a “specific import permit”
(i.e. imported under the GIP 100) will be subject to classification under
tariff item No. 0403.10.20, for which the duty rate is 237.5% (but not
less than $0.466/kg) in 2005. Note: Specific permits will not
be issued for shipments already imported into Canada under the authority
of the general import permit, regardless of the importer’s import
allocation.
11.2 The Export and Import Controls Bureau (EICB) has
in place the following procedures for receiving applications for import
permits:
(a) When requesting an import permit, applicants are required to complete
the Form EXT-1466, "Application for Permit" (a copy of which
is attached as Appendix 1).
(b) A description of the process of applying for a permit is attached
as Appendix 2; it includes information on fees, the monthly billing system
and the specific information required from applicants. All import permits
are issued either (i) through an on-line automated system in the offices
of brokers in major centres across Canada, or (ii) in the office of the
Export and Import Controls Bureau (address is indicated in paragraph 13.3).
12.1 A fee will be levied for each permit or certificate
issued in accordance with the Export and Import Permits and Certificates
Fees Order (Notice to Importers No. 508 dated
May 16, 1995).
13.1 Enquiries about import allocations may be addressed
to:
Mr. Hugues Leroux
Tel: 613-996-2594
Fax: 613-996-0612
e-mail: hugues.leroux@international.gc.ca
(Address as indicated in paragraph 10.2)
13.2 Enquiries about permit issuance and utilization
of import allocations may be addressed to:
Mr. Doug Bird
Tel: 613-944-1803
Fax: 613-996-0612
e-mail: doug.bird@international.gc.ca
(Address as indicated in paragraph 10.2)
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