Vol. 144, No. 7 — March 31, 2010

Registration

SOR/2010-58 March 11, 2010

CUSTOMS TARIFF

Haiti Deemed Direct Shipment (General Preferential Tariff and Least Developed Country Tariff) Regulations

P.C. 2010-261 March 11, 2010

Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 17(2) of the Customs Tariff (see footnote a), hereby makes the annexed Haiti Deemed Direct Shipment (General Preferential Tariff and Least Developed Country Tariff) Regulations.

HAITI DEEMED DIRECT SHIPMENT (GENERAL PREFERENTIAL TARIFF AND LEAST DEVELOPED COUNTRY TARIFF) REGULATIONS

CONDITIONS

1. Goods that are produced in Haiti are deemed, for the purposes of their entitlement to the General Preferential Tariff or the Least Developed Country Tariff, to have been shipped directly to Canada from Haiti on condition that

(a) the goods are imported into Canada and accounted for in accordance with section 32 of the Customs Act after January 12, 2010;

(b) the goods have been transhipped through a port in the Dominican Republic and conveyed from that port on a through bill of lading to a consignee in a specified port in Canada; and

(c) the importer submits to the Minister of Public Safety and Emergency Preparedness any documentation requested by that Minister relating to the shipment of the goods.

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Haiti Deemed Direct Shipment (General Preferential Tariff and Least Developed Country Tariff) Regulations exempt, in light of the situation resulting from the January 12, 2010 earthquake, goods originating in Haiti from the direct shipment requirement for preferential tariff treatment under the General Preferential Tariff (GPT) and Least Developed Country Tariff (LDCT) treatments.

Description and rationale

The Regulations exempt Haitian-originating goods from the direct shipment requirements under the GPT and LDCT treatments and permit such goods to be shipped directly to Canada from a port in the Dominican Republic while still qualifying for the GPT or LDCT treatment.

The damage caused by the earthquake of January 12, 2010 makes difficult the direct shipment of Haitian-originating goods from ports in Haiti and these goods are being shipped out of the Dominican Republic. Due to the direct shipment requirements, the goods would therefore not qualify for preferential tariff treatment under the GPT or LDCT and duties would have to be paid according to the Most-Favoured-Nation tariff treatment.

These Regulations are necessary in order for Haitian-originating goods to continue to be eligible for preferential tariff treatment under the GPT and LDCT, hence ensuring that trade is not unduly impacted. Given the current uncertainty regarding the situation in Haiti, it is the Government’s intention to have the Regulations remain in place as long as the circumstances warrant.

Consultation

Some stakeholders have highlighted the problematic situation to the government. All concerned government departments were consulted and support this initiative.

Implementation, enforcement and service standards

The Canadian Border Services Agency is responsible for the administration of and compliance with customs and tariff legislation and regulations. Compliance with the terms and conditions of these Regulations will be monitored by officials of the Canada Border Services Agency.

Contact

Karen LaHay
International Trade Policy Division
Department of Finance
Ottawa, Ontario
K1A 0G5
Telephone: 613-996-5538

Footnote a
S.C. 1997, c. 36

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