Serial No. 791
Date: August 9, 2011
Table of Contents
1.1 The purpose of this Notice is to inform importers of the rules and procedures governing the administration of the tariff rate quotas (TRQs) for wheat, barley and their products.
2.1 This Notice cancels and replaces Notice to Importers No. 628 dated January 10, 2002. It refers to items 161 to 191 of the Import Control List (ICL).
2.2 Wheat, barley and their products are subject to tariff rate quotas (TRQs). The coverage, access levels and coefficients of conversion for the various products covered are set out in section 6.1 and Annex 1 PDF * (8 KB) of this Notice. The TRQs for these products are administered on a marketing year basis (August 1 to July 31).
2.3 Importers who require a determination as to whether or not the product they intend to import is within the scope of this Notice are to contact: Kelly Bartlett, Canada Border Services Agency, Post-Border Programs Directorate, 613-957-1468; fax: 613-952-3971.
3.1 This Notice will remain in effect until further notice.
4.1 Under the authority of paragraph 5(1)(a) and section 5.3 of the Export and Import Permits Act (EIPA), wheat, barley and their products were placed on the Import Control List on August 1, 1995 to implement a Canadian commitment under the World Trade Organization (WTO) Agreement on Agriculture.
4.2 Under TRQs, imports are subject to low rates of duty up to a predetermined limit, while imports over that limit will be subject to significantly higher rates of duty. By sub-section 6.2(1) of the EIPA, the Minister responsible for the Act may determine an import access quantity allowed entry at the low rate of duty. Having established an import access quantity, the Minister shall issue import permits under section 8.3 of the EIPA up to the limits of that quantity; these permits shall entitle the goods to which they apply to be subject to low rates of duty. Paragraph 8.3(2)(b) authorizes the Minister to establish a General Import Permit (GIP) that may be invoked freely by those complying with its conditions. Sub-section 8.3(3) allows the Minister to issue import permits for imports in excess of the import access quantity. Pursuant to section 10 of the EIPA, the Minister may, at his discretion, amend, suspend, cancel or reinstate import permits, including GIPs.
5.1 Wheat, barley and their products were placed on the Import Control List established under the Export and Import Permits Act, and require import permits for entry into Canada. To reduce the burden on importers, this will be managed through two General Import Permits (GIPs). These permits are generally available and may be invoked upon importation, without prior application or fee. GIP No. 20 will cover imports on a first-come, first-served basis at the applicable "within access commitment" rate of duty, until the TRQ level has been reached, based on a count of goods accounted for at Canada Border Services Agency (CBSA) or placed into bond; thus, goods placed into bond while the General Import Permit No. 20 is in force may be released at any subsequent time at the lower duty rate. Once the TRQ level has been reached, GIP No. 20 will cease to apply in respect of any covered goods, until the start of the next quota year on the following August 1. GIP No. 100 will cover unlimited imports after TRQ levels are reached, but all imports under this GIP will be assessed the applicable duties, which are generally the "over access commitment" rates of duty.
6.1 The following annual (August 1 to July 31) TRQ levels for wheat, barley, wheat products and barley products apply:
6.2 The TRQs for wheat, barley and their products are administered on a first-come, first-served basis. Any resident of Canada is entitled to import any quantity of a product falling under one of the four TRQs as long as the applicable overall access quantity has not been reached. The Minister will evaluate whether that quantity has been reached based on the amount of goods accounted for at CBSA or placed in bond, after applying appropriate conversion factors. The Minister's decision that the access quantity is being reached will be publicized in advance of the closure date for the product in question so as to minimize disruptions to transactions in progress. Up-to-date information on volumes imported is available through Foreign Affairs and International Trade Canada's website to assist importers in making their plans.
6.3 Once the TRQ levels are reached, the following products will continue to be assessed the "within access" lower rate of duty:
a) Imports of Mexican, Costa Rican, Chilean, Peruvian or U.S. wheat, barley and their products under the applicable free trade agreement;
b) Wheat and barley products from any country, classified under the following specific tariff items:
6.4 Importers are reminded that invoking a GIP does not relieve them of other legal requirements pertaining to importation, such as those imposed by Canada Border Services Agency and the Canadian Food Inspection Agency. For instance, importers, in addition to invoking the GIP, must seek a valid import certificate from the Permit Office, Plant Protection Division, Canadian Food Inspection Agency for authority to release, and must also meet the requirements of the Seeds Acts and Regulations.
7.1 Any resident of Canada may, under the authority of General Import Permit No. 3 import into Canada, for the personal use of the importer and the importer's household, wheat and barley and their products at the lower rate of duty. There is no limit to the amount that may be imported, but all other applicable regulations (e.g. respecting seeds) continue to apply.
7.2 Where the goods imported under the authority of this GIP are required to be reported in the prescribed form under the Customs Act, that form shall contain the statement "Imported under the authority of General Import Permit No. 3: Wheat and Wheat products and Barley and Barley Products for Personal Use".
8.1 The Minister may issue permits for imports at "within access commitment" rates of duty after the applicable import access quantity has been reached. Request for such supplementary permits may be addressed to Lynn Matthew at the address below. In deciding whether or not to issue a supplementary permit for a given product, the Minister will consider, in particular, the availability of like or directly substitutable products on the Canadian market.
8.2 When requesting a supplementary import permit, applicants should provide a detailed description of the product requested and its purpose. Importers should also provide details of efforts made in securing domestic sources of supply. Such information should include the name(s) and address(es) of supplier(s) contacted, the response received as to their supply capacity and any other evidence that may have been provided indicating an inability to supply.
Supplementary Feed Grain Imports
8.3 Feed grain users in the Atlantic provinces, Quebec, Ontario, British Columbia, the Yukon and Northwest Territories, who benefited from a feed grain assistance subsidy under the previous Feed Freight Assistance Program, will be eligible for supplementary import permits to import feed wheat and feed barley if they can demonstrate that they are not able to source Canadian supplies that are price competitive with imports. Requests for supplementary import permits can normally be processed within three working days.
9.1 Export licence requirements for wheat and wheat products under the Canadian Wheat Board Act will remain in effect and are not affected by this initiative. For further information, please contact the Canadian Wheat Board at 204-983-0655 or 204-792-1345/fax: 204-987-4178.
Lynn Matthew (Quota Manager) or
Donna Barr (Permits Officer)
Trade Controls Policy Division (TIC)
Foreign Affairs and International Trade Canada
125 Sussex Drive,
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