NAFTA Marking Determination and Re-determination

Act: Customs Act, R.S.C. 1985, c. 1, 2nd Supp.
Regulation: NAFTA Marking Determination and Re-determination Regulations, SOR/93-551

To Whom Does This Apply?

Exporter, importer or producer of goods.

Summary

The Customs Act (the Act)governs the administration and enforcement of customs laws. Under section 57.01of the Customs Act, an officer designated by the Minister may make a determination as to whether the goods have been marked appropriately and shall give notice of the determination to the prescribed class of persons. This can be done at or before goods imported from a NAFTA country are accounted for and subject to certain conditions as set out in the Act.

When an officer does not make a marking determination for goods imported from a NAFTA country before or within 30 days of the time of accounting, the determination shall be deemed to have been made according to any representations made for the marking of the goods by the person who accounted for the goods.

The NAFTA Marking Determination and Re-determination Regulations specify the requirements that an  officer shall use to determine whether goods imported from a NAFTA country have been marked according to the Act. The officer shall give notice of the marking determination made in respect of goods imported from a NAFTA country to the importer, exporter and producer of those goods.

If you require personal assistance contact the Customs Client Services Office closest to you (see Related Reading: Customs Offices - Supplement or from Canada Border Service Agency's Web site for a list of addresses).

To obtain a copy of theTrilateral Customs Guide to NAFTA or for general questions about NAFTA you may call at 1-800-661-6121. Clients can also fax their questions to (613) 952-0022.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Quebec Contact(s):
See National Contact.

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National Contact(s):
Border Information Service - BIS
Canada Border Services Agency
Telephone: 204-983-3500 or 506-636-5064
Toll-free (information): 1-800-461-9999
Web site: http://www.cbsa.gc.ca/menu-eng.html