His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 63.1(1) a of the Customs Tariff b, is pleased hereby to make the annexed Regulations for determining the country of origin of goods imported from a Non-NAFTA country for the purpose of specifying that certain goods be marked, effective on the day on which section 133 of An Act to implement the North American Free Trade Agreement, being chapter 44 of the Statutes of Canada, 1993, comes into force. S.C. 1993, c. 44, s. 133 R.S., c. 41 (3rd Supp.)
Interpretation
In these Regulations, CUSMA country means a party to the Canada–United States–Mexico Agreement.
Application
Subject to subsection (2), goods set out in Schedule I that are imported into Canada from a country other than a CUSMA country must be marked so as to indicate their country of origin, in accordance with the Marking of Imported Goods Regulations.
These Regulations do not apply to goods set out in Schedule II.
In item 16 of Schedule II to these Regulations, production means growing, mining, harvesting, fishing, trapping, hunting, manufacturing, processing or assembling goods.
Country of Origin
The country of origin of goods is the country in which the goods were substantially manufactured.
Goods for Personal or Household Use
Bakeware and cookware made of aluminum
Bakeware and cookware made of cast iron
Bath mats, towels and wash cloths, knitted or woven
Batteries, dry cell
Blankets
Brushes, including toothbrushes and handles therefor
Candles
Cards: credit and identification, made of any material having a diameter or side exceeding 1/2 inch in width and imported in sheet form or otherwise
Chrome-plated ware and utensils for use in serving food and beverages
Cigar and cigarette lighters, except lighters for incorporation into motor vehicles
Clocks and movements, except clocks and movements for use as original equipment by motor vehicle manufacturers
Containers, thermostatic: carafes, flasks, jars, jugs and vacuum bottles and refills or inserts therefor
Cutlery, chrome-plated or stainless steel
Dishes and ornaments made of china, earthenware, ironstone, porcelain, semi-porcelain, stoneware or white granite
Electronic equipment: phonographs, radio receiving sets, radio-phonograph sets, radio-phonograph-television sets, record players, tape recorders, television receiving sets
Ironing board covers and pads
Kitchenware made of metal or plastic, coated, lithographed, painted or otherwise: bread boxes, cake humidors, canisters, foil and paper dispensers, range sets, serving ovens and step-on waste cans
Knives: jack, pen and pocket; scissors and shears
Lawn mowers (powered)
Matches in books, boxes or folders
Pencils
Pens: ballpoint and fountain and nib penholders
Pillowslips and sheets made of cotton
Razor blades (safety type)
Thermometers
Tiles, glazed, unglazed and ceramic mosaic: hearth, floor and wall
Umbrellas
Utensils, kitchen type and chrome-plated or stainless steel
Watch bracelets (expansion type)
Hardware
Caps, made of metal, lithographed or printed, for containers: lug, screw and vacuum
Copper tubing
Drapery I-beam rails, made of aluminum, brass, steel or other metals, or plastic and component parts thereof
Electrical measuring devices for panel mounting designed to indicate alternating or direct current microamperes, milliamperes or amperes, millivolts, volts or kilovolts and other variables such as pressure, resistance and temperature that may be translated into alternating or direct current or voltage
Glass in panes or sheets: common or colourless window, laminated, plate and sheet
Goods made of porcelain for electrical use
Files and rasps
Sink strainers (basket type)
Tubes, electronics
Twines: baler and binder
Wire inset screening
Iron pipes and tubes
Novelties and Sporting Goods
Articles in the style of Indian handicrafts
Athletic gloves and mitts, including baseball and hockey gloves and mitts
Bicycles
Decoration, novelties and ornaments
Enamelled emblems and silver-plated or sterling silver bracelets, brooches, pins and spoons, all designed as souvenirs of Canada, its provinces, territories, cities, towns or other geographical locations
Gift wrappings: bindings, braids, ribbons, tapes, ties and trimmings, made chiefly or wholly of textile fibres
Toys, games and athletic and sporting goods
Paper Products
Boxes and cartons, empty folding or set-up, made of paper, paper board, plain or corrugated fibre or fibre board, for use in shipping containers
Paper matter and products, lithographed or printed
Wearing Apparel
Boots, shoes and slippers
Brassieres, corselettes, garter belts, girdles and lacing corsets
Fabrics, braided or woven, containing rubber yarns, not exceeding 12 inches in width; boot and shoe laces
Gloves made partially or wholly of leather
Hair pieces: wigs, half wigs, switches, postiches, pony tails, toupees and other types of hair pieces designed to be worn on the head of a person.
Handbags and purses, except handbags and purses made of beads, metal mesh or similar material
Hats, including berets, bonnets, caps and hats, hoods and shapes made of fur felt, wool felt and wool-and-fur felt
Knitted garments
Raincoats and rainwear made of plastic
Wearing apparel made wholly or substantially of natural or synthetic textile fibres
Horticultural Products
Tubers, tuberous roots and rhizomes, dormant, in growth or in flower, of paeonias
Tubers, tuberous roots, corms, crowns and rhizomes, dormant, of irises or other perennials, except begonias
Tubers, tuberous roots, or rhizomes, in growth or in flower, of begonias
Bulbs, dormant or in growth, except tulip bulbs
Unrooted cuttings or slips of fruit or nut trees, shrubs or bushes
Trees, shrubs, bushes, vines or seedling stock, grafted or not, including those capable of bearing fruit, when in a usual container
Christmas trees, rooted or unrooted, when in a usual container
Rose bushes, grafted or not, except cut roses, when in a usual container
Goods of Steel or Aluminum
Goods of steel that are classified under headings 72.06 through 72.15, subheadings 7216.10 through 7216.50 or subheading 7216.99, headings 72.17 through 72.29, subheading 7301.10, 7302.10, 7302.40 or 7302.90 or headings 73.04 through 73.06, except wire
Goods of aluminum that are classified under heading 76.01 or headings 76.04 through 76.09 and castings or forgings that are classified under subheading 7616.99, except wire (other than barbed wire)
Goods for charitable purposes and not for the purpose of sale
Goods that are gifts or bequests
Goods that are antiques or goods produced more than 20 years prior to importation
Used goods, with the exception of iron pipes and tubes and goods of steel or aluminum that are referred to in item 7 of Schedule I
Goods that are for the exclusive use of the importer or the importer’s employees and not for resale to the general public, with the exception of iron pipes and tubes and goods of steel or aluminum that are referred to in item 7 of Schedule I
Goods imported for use by the importer and not intended for sale in the form in which they were imported
Goods that are imported under tariff item No. 9808.00.00, 9809.00.00 or 9810.00.00
Goods that are imported for subsequent exportation from Canada, with the exception of iron pipes and tubes and goods of steel or aluminum that are referred to in item 7 of Schedule I
Goods that, for purposes of temporary duty-free admission, are in transit or in bond or otherwise under customs control
Goods that are incapable of being marked
Goods that cannot be marked prior to exportation without causing them injury
Goods that cannot be marked except at a cost that is substantial in relation to their value for duty so as to discourage their exportation
Goods that cannot be marked without materially impairing their function or substantially detracting from their appearance
Goods that are in a container that is marked in a manner that will reasonably indicate their origin to the ultimate purchaser
Goods that are crude substances
Goods that are to undergo production in Canada by the importer, or on the importer’s behalf, in a manner that would result in their becoming goods the country of origin of which is Canada
Goods in respect of which, by reason of their character or the circumstances of their importation, the ultimate purchaser would reasonably know their country of origin even though the goods are not marked with country of origin
Goods that are imported without the required marking and cannot be marked after their importation except at a cost that would be substantial in relation to their value for duty, provided that the failure to mark the goods before importation was not for the purpose of avoiding compliance with the marking requirement
Goods that are original works of art
Goods that are classified under subheading 6904.10 or heading 85.41 or 85.42
Goods in respect of which there is no ultimate purchaser