2.2 This Notice to Importers should be read in conjunction with Notice to Importers No. 758 dated November 6, 2009, which explains the administration of supplementary imports for chicken and chicken products, and turkey and turkey products.

2.3 Chapter 16 of the Customs Tariff contains the following supplementary note concerning specially defined mixtures: " 'Specially defined mixtures' of tariff item Nos. 1602.31.11, 1602.31.92, 1602.32.11 and 1602.32.92 means chicken or turkey or a product containing chicken or turkey, wherein 13% or more of the total weight of the product is comprised of goods other than the following: chicken, turkey, bread or breading, batter, oil, glazing, other coatings and bastes, and any added water (including that used in marination, glazing, other coatings, bastes, breading and batter). For the purposes of this definition, the weight of all ingredients shall be taken from the product specification sheets for that product required under the Meat Inspection Act for product labelling purposes."

2.4 Importers who require a determination as to whether the product they intend to import is within the scope of this Notice, or as to whether the product they intend to manufacture using non-ICL turkey import allocations meets the definition of "specially defined mixtures", should obtain a tariff classification ruling from the Canada Border Services Agency. Requests for such rulings may be directed to: Ms. Kelly Bartlett, Canada Border Services Agency (CBSA), Trade Programs Directorate at 613-957-1468; fax: 613-952-3971.

2.5 With respect to products for which a non-ICL turkey import allocation is being sought, only products for which a CBSA ruling and the corresponding CFIA label registration number including the process and composition of the meat (see Appendix 4) has been received, or which have been previously approved by the Export and Import Controls Bureau (EICB), can be submitted as part of an application.

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. Under 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. Also pursuant to section 6.2 of the EIPA, the Minister may consent to the transfer of import allocations. Having established an import access quantity, the Minister shall, under sub-section 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 low rates of duty. Sub-section 8.3(3) allows the Minister to issue permits in excess of the access quantity. Pursuant to sub-section 10.(1) of the EIPA, the Minister may amend, suspend, cancel or re-instate any permit or import allocation issued or granted under the Act.

5.2 The turkey TRQ is calculated at the higher of 3.5% of the current year's production quota (which includes commercial quota, multiplier breeder quota, and primary quota) as estimated by the Turkey Farmers of Canada, or the WTO access level. In 2010, the WTO access level is 5,588,000 kilograms, which is higher than 3.5% of the current year's estimated production quota, and will thus prevail.

5.3 Access at the low rate, or within-TRQ access, will be allocated to firms resident in Canada.

6.2 The turkey TRQ will be allocated in priority to two groups: traditional allocation holders (i.e., firms importing turkey before the introduction of import controls in 1974) to the extent of their initial allocation, as adjusted since, where necessary, (e.g., for under-utilization); eligible processors producing non-ICL turkey products (such as, TV dinners) to the extent of their needs for such production. The remaining "unallocated pool", if any, will be used to meet specific needs, including "imports to compete" and imports to accommodate shortages, which are addressed in Notice to Importers No. 758. Any remaining balance will be allocated in accordance with section 9 of this Notice.

7.2 All traditional allocation holders (i.e., firms importing turkey prior to the imposition of import controls in 1974 that have been allocated a traditional import allocation each subsequent year since then) are required to complete and return the application form provided in Appendix 1 in order to receive an allocation.

7.2.1 All applicants must submit a sworn affidavit certifying, inter alia, the firm's actual quantity of turkey bought and subsequently sold in the period September 1, 2008 to August 31, 2009.

7.2.2 All applicants must also provide an original letter from an independent qualified person, such as an accountant, certifying, inter alia, the firm’s actual quantity of turkey bought and subsequently sold in the period September 1, 2008 to August 31, 2009. For the purpose of this Notice, an accountant is defined as a member in good standing of one of the three professional accounting bodies in Canada (C.A., C.G.A. or C.M.A.) who is registered with his/her provincial professional organization to provide accounting services and is independent from the applicant (i.e., is not an owner, or a partner, of the company applying for an import allocation and is not in an employee - employer relationship involving the applicant).

7.2.3 The affidavit and the letter from the accountant must be in the exact format of the models attached to this Notice (see Appendices 2 and 3). Any changes to the wording of the prescribed affidavit or letter are only permitted if required by professional standards and, in the event that changes are made, the applicant or the accountant must discuss these, in advance, with the EICB.

7.3 Traditional allocation holders that have satisfied the activity test outlined in the application form may continue to receive an allocation (as adjusted, where necessary, for under-utilization).

8.1.1 Eligible processors of turkey products not on the ICL may receive up to one kilogram of import allocation for each kilogram of turkey input used in the production of non-ICL products in the period September 1, 2008 to August 31, 2009. The allocation of the non-ICL portion of the quota will be accommodated through the available room in the TRQ on a pro-rata basis.

8.1.2 Eligible processors of FTA products may apply for supplementary authorisation under Import to Compete, on a like for like basis, for production needs beyond the authorised allocation for 2010. (Detailed further in Notice 758.)

8.1.3 For purposes of this Notice, a "processor of turkey products not on the ICL" is defined as a processor that manufactures non-ICL products, such as TV dinners, using ICL products as inputs, and sells such products to buyers at the wholesale level.

8.1.4 Processors considered to be related to foodservice companies are not eligible for a share of the non-ICL portion of the turkey TRQ.

8.1.5 All import allocations expire at the end of each calendar year. All firms interested in receiving an import allocation must qualify each year and must demonstrate that they are active processors of non-ICL products at the time of application and that they intend to remain active during the allocation year

8.2.2 Mechanically separated meat (MSM) used in the manufacture of non-ICL products is not normally eligible for non-ICL quota. In the event MSM is not available domestically at U.S.-competitive prices, the Minister may authorize supplementary imports for MSM.

8.2.3 Turkey products that are simply cooked and/or marinated and/or spiced are on the ICL.

8.2.4 In the case of non-ICL products that include marinated turkey, the weight of the turkey prior to marination must be used.

8.2.5 Added fat is not eligible to be included as part of the weight of the turkey in non-ICL products.

8.2.7 It is the responsibility of applicants, not accountants, to state that their products are not on the ICL.

8.2.8 In addition to "specially defined mixtures", turkey products are considered as non-ICL products if they are classified under headings No. 19.02 (Pasta), No. 19.05 (Pastry), No. 20.04 (Other vegetables prepared or preserved, frozen), No. 20.05 (Other vegetables prepared or preserved, not frozen), No. 20.06 (Fruits and vegetables preserved by sugar) No. 21.03 (Sauces and preparations), No. 21.04 (Soups), and No. 21.06 (Food preparations). Producers of these products may be eligible for a share of the non-ICL portion of the turkey TRQ.

8.3.2 All applications for a share of the non-ICL portion of the turkey TRQ must submit a sworn affidavit certifying that firm's actual quantity of turkey used to manufacture products not on the ICL and the number of units produced and sold during the period September 1, 2008 to August 31, 2009.

8.3.3 All applicants must also provide an original letter from an independent qualified person, such as an accountant, in support of the application. For the purpose of this Notice, "accountant" is defined as a member in good standing of one of the three professional accounting bodies in Canada (C.A., C.G.A. or C.M.A.) who is registered with his/her provincial professional organization to provide accounting services and is independent from the applicant (i.e., is not an owner, or a partner of the company applying for an import allocation, and is not in an employee - employer relationship which involves the applicant).

8.3.4 The letter from the accountant and the affidavit must be in the exact format of the models attached to this Notice (see Appendices 5 and 6 ). Changes to the wording of the prescribed affidavit or letter are permitted only if required by professional standards and, in the event that changes are made, the applicant or the accountant must discuss these, in advance, with the EICB.

8.3.5 The EICB will consider the information that the applicant provides along with any other relevant information when allocating the non-ICL portion of the turkey TRQ so as to ensure that the non-ICL portion of the turkey TRQ is allocated in conformity with the underlying policy intent, which is to support the competitiveness of Canadian processors of eligible non-ICL turkey products that are competing directly with turkey products that may enter Canada quota free and at low or zero rates of duty. Applicants may be required to provide additional information to support their application. Such additional information may include evidence of the actual quantity of turkey used to manufacture products not on the ICL, the number of units produced in the period September 1, 2008 to August 31, 2009, information concerning supply arrangements, and customer information. Product specifications, original supplier invoices, proofs of payment and production records, may also be requested. In some circumstances, it may be necessary to review the product specification sheets and the accountant's working papers. Moreover, the EICB retains the right to request laboratory analysis of the non-ICL products and certification by an independent public accountant (or an accountant named by the EICB) of the information provided on the application form. Should this prove necessary, all costs will be borne by the applicant.

8.3.6 If either the applicant or the accountant fails to provide any information requested of them by the EICB, the application may be declared incomplete and the applicant may be denied a share of the turkey TRQ. Applicants should note that the eligibility of accountants to sign the letter accompanying their application varies from province to province

11.2 Import permits are required for each shipment of turkey and turkey products falling within heading Nos. 01.05, 02.07, 02.09, 02.10, 16.01 and 16.02 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, a copy of which is available on request, or present an import permit delivered to their firm for that shipment ("specific import permit") in order to clear Canada Customs. Those citing the GIP will be permitted to import unlimited quantities of turkey and turkey products, but such imports will be subject to the higher, "over-access commitment" rate of duty. Those presenting a specific import permit to CBSA at the time of final accounting may enter their shipments at the low "within-access commitment" rate of duty. Note: specific import 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.

11.3 In accordance with the Import Permit Regulations, the EICB has in place the following procedures for receiving applications for import permits:

(a) When requesting an import permit an applicant submits a completed Form EXT-1466, "Application for Permit" (a copy of which is attached as Appendix 10).

(b) A description of the process of applying for a permit is attached as Appendix 11, including information about fees, the monthly billing system and information required from applicants. All import permits are issued either (i) through an on-line automated system in the offices of customs brokers in major centres across Canada or (ii) in the offices of the EICB.

(c) A list of the EICB commodity codes for turkey and turkey products is attached as Appendix 7. The appropriate code must be used in order to expedite the issuance of the import permit.

Importers who are unsure as to whether the product they intend to import is considered "bone-in" or "boneless" for import control purposes should obtain guidance from the Export and Import Controls Bureau (EICB).