Serial No. 809
Date: November 3, 2011
Table of Contents
1.1 The purpose of this Notice is to advise importers that the barley products tariff rate quota (TRQ) will be filled on November 30, 2011. Consequently, November 30, 2011 (at 11:59 pm) will be the cut-off date for accounting for imports of all barley products classified under a "within access commitment" tariff item number.
1.2 All subsequent imports of barley products accounted for after the cut-off date must be classified at the "over access commitment" tariff item number, even if they are imported, or imported and released, before the quota is filled.
2.1 This Notice is an adjunct to Notice to Importers No. 791 dated August 9, 2011. It refers to Items 183 to 191 of the Import Control List; namely barley products falling under heading Nos. 11.02, 11.03, 11.04, 11.07, 11.08, 19.01, 19.04 and 23.02 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.
2.2 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, Trade Programs and CARM Directorate 613-957-1468; fax: 613-952-3971.
3.1 This Notice will remain in effect until July 31, 2012.
4.1 Under TRQs, imports are subject to low "within access commitment" rates of duty up to a predetermined limit (i.e. until the import access level has been reached), while imports over that limit are subject to significantly higher "over access commitment" rates of duty. Pursuant to subsection 6.2(1) of the Export and Import Permits Act (EIPA), the Minister responsible for the act may determine an import access quantity allowed entry at the low rate 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.
4.2 GIP No. 20 was established in 1995 to allow imports on a first-come first-served basis at the applicable "within access commitment" rate of duty, until the TRQ level has been reached.
4.3 Section 5.(1) of GIP No. 20 states that this GIP applies only to goods that are imported on or before the day, set out in a Notice, to be issued by the Minister, on which, in the opinion of the Minister, the import access quantity for the period concerned, determined in accordance with subsection 6.2(1) of the EIPA in respect of those goods, will have been filled. The "period concerned" as used in this section means a period of 12 months beginning on August 1 and ending July 31 of the following year
5.1 Once the barley products TRQ level is reached, GIP No. 20 will be suspended in respect to the relevant goods until July 31, 2012, and GIP No. 100 “Eligible Agricultural Goods” will cover, for the balance of the 2011-12 marketing year, unlimited imports classified under the "over access commitment" tariff item number. Therefore, as of 11:59 pm on November 30, 2011, importers of barley products may no longer invoke GIP No. 20 when importing such goods. Imports of United States, Mexican, Chilean, Peruvian or Costa Rican barley products will continue to be subject to the same rates of duty under the United States Tariff, the Mexican Tariff, the Chilean Tariff, the Peruvian Tariff or the Costa Rican Tariff once the TRQ level is reached as before the TRQ was filled.
5.2 Where goods imported under the authority of GIP No. 100 are required to be reported in the prescribed form under the Customs Act, that form shall contain the statement "Imported Under the Authority of GIP No. 100 - Eligible Agricultural Goods".
6.1 For further information, please contact:Lynn Matthew (Quota Manager) or