WTO: Products of Natural Milk Constituents TRQ - Serial No. 1007

Date: October 1, 2020

This Notice replaces Notice to Importers No. 965 dated October 1, 2019 and sets out the policies and practices pertaining to the administration of Canada’s tariff rate quota (TRQ) for products of natural milk constituents under the World Trade Organization (WTO).

This Notice is provided pursuant to the authority of the Export and Import Permits Act (EIPA) and its corresponding regulations and should be read in conjunction with the General information on the administration of TRQs for supply-managed products. It remains in effect until further notice.

Table of contents

1. Definitions
2. Allocation policy
3. Eligibility criteria
4. Calculation of allocations
5. Return and under-utilization of allocations
6. Related links

1. Definitions

1.1 Products of natural milk constituents means a product that is included in Item 125 on the Import Control List (ICL) falling under tariff items 0404.90.10 and 0404.90.20 in the list of tariff provisions set out in the Schedule to the Customs Tariff.

See the List of EIPA commodity codes for products of natural milk constituents.

2. Allocation policy

2.1 Individual applicants and related persons applicants are eligible for only one allocation.

• 2.1.1 All applicants must provide a list of related persons.

2.2 If the cumulative requests made by eligible applicants exceed the quantity available, allocations are based on an equal share of the quota, or the quantity requested by the applicant, whichever is lower.

2.3 You must provide the percentage of protein contained in the product you intend to import.

3. Eligibility criteria

3.1 You are eligible to apply for an allocation if you are a: Processor or Further processor that can demonstrate a requirement for milk protein concentrate or other products of natural milk constituents (e.g. blends of products of natural milk constituents) in your manufacturing operations and product formulations.

4. Calculation of allocations

4.1 Users of milk protein concentrates:

• 4.1.1 Your allocation equals the quantity requested in your application, adjusted as necessary (e.g., for under-utilization).
• 4.1.2 If the cumulative amount requested by eligible applicants exceeds the amount available for allocation to users of milk protein concentrates, then you are allocated the amount you have requested, or an equal share, whichever is lower.

4.2 Users of other products of natural milk constituents:

• 4.2.1 If there is any quota remaining, your allocation equals the quantity requested in your application, adjusted as necessary (e.g., for under-utilization).
• 4.2.1 If the cumulative amount requested by eligible applicants exceeds the amount available for allocation to users of other products of natural milk constituents, then you are allocated the amount you have requested, or an equal share, whichever is lower.

5. Return and under-utilization of allocations

5.1 You may return any portion of your allocation to the Department in writing by the prescribed return date.

• 5.1.1 Returned quantities are reallocated to applicants who can demonstrate before the return deadline that they meet the eligibility criteria.
• 5.1.2 The quantity reallocated to each eligible applicant is the lower of the quantity requested by the applicant or an equal share.

5.2 If you use less than 95% of your allocation in one year, you may have your allocation adjusted downward by an under-utilization penalty in the following year.

• 5.2.1 Any portion of your allocation that you return in accordance with the present policy is considered to have been used.

6. Related links

• General information on the administration of TRQs for supply-managed products
• Key dates and access quantities
• Information concerning related persons
• How to apply for an allocation
  • Application form (PDF)
• List of EIPA commodity codes for products of natural milk constituents
• How to apply for an import permit
• Contact us