Notice to Importers

Items 162 to 181 - Wheat Products

Serial No. 833
Date: September 28, 2012

Table of Contents

1.0 Coverage

1.1 This Notice is an adjunct to Notice to Importers No. 791 dated August 9, 2011. It refers to Items 162 to 181 of the Import Control List; namely wheat products falling under heading Nos. 11.01, 11.03, 11.04, 11.08, 11.09, 19.01, 19.02, 19.04, 19.05 and 23.02 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.

1.2 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: Canada Border Services Agency, Tariff Division, Trade Programs and CARM Directorate, 613-957-1468; fax: 613-952-3971.

2.0 Purpose

2.1 The purpose of this Notice is to advise importers that the wheat products tariff rate quota (TRQ) will be filled on October 26, 2012. Consequently, October 26 , 2012 (at 11:59 p.m.) will be the cut-off date for accounting for imports of all wheat products classified under a “within access commitment” tariff item number.

2.2 All subsequent imports of wheat 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.

3.0 Duration

3.1 This Notice will remain in effect until July 31, 2013.

4.0 Authority

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 the 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.

5.0 Permit issuance

5.1 Once the wheat products TRQ level is reached, General Import Permit No. 20 will be suspended in respect to the relevant goods until July 31, 2013, and General Import Permit No. 100 will cover, for the balance of the 2012/13 marketing year, unlimited imports classified under the “over access commitment” tariff item number. Therefore, as of 11:59 p.m. on , October 26, 2012, importers of wheat products may no longer invoke General Import Permit No. 20 when importing such goods. Imports of Mexican, Costa Rican, Chilean, Peruvian or U.S. wheat products will continue to be subject to the same rates of duty under the Mexican Tariff, the Costa Rican Tariff, the Chilean Tariff, the Peruvian Tariff, or the United States Tariff once the TRQ level is reached as before the TRQ was filled.

5.2 Where goods imported under the authority of General Import Permit 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 General Import Permit No. 100 - Eligible Agricultural Goods”.

6.0 Additional Information

6.1 For further information, please contact:

Lynn Matthew (Quota Manager) or
Donna Barr (Permits Officer)
Trade Controls Policy Division (TIC)
Foreign Affairs and International Trade Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2

Telephone: 613-944-1807 or 613-944-1808
Facsimile: 613-996-0612