CUSMA: Whey Powder TRQ – Serial No. 1078

Date: May 16, 2022

This Notice replaces Notice to Importers No. 1045 dated May 1, 2021 and sets out the policies and practices pertaining to the administration of Canada’s tariff rate quota (TRQ) for whey powder under the Canada-United States-Mexico Agreement (CUSMA).

This Notice is provided pursuant to the authority of the Export and Import Permits Act (EIPA) and its corresponding regulations, and remains in effect until further notice.

Definitions
Allocation policy
Eligibility criteria
Calculation of allocations
Transfer, return and under-utilization of allocations
Related links

1. Definitions

Whey powder means a product that is included in Item 125.1 on the Import Control List (ICL), namely whey powder falling under tariff item No. 0404.10.21 in the list of tariff provisions set out in the Schedule to the Customs Tariff.

See the List of EIPA commodity codes for whey powder.

2. Allocation policy

To be eligible, you must be active in the Canadian food or agriculture sector at the time of the application and must remain active regularly during the quota year.

Note: You must, in addition, have been active regularly in the Canadian food or agriculture sector, during the reference period.

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

Note: All applicants must provide a list of related persons.
Note: In the case of separate applications from related persons involving a parent company and one or more subsidiaries, only the application nominated by the parent company is considered.

You must specify in your application the minimum quantity of quota you will accept. If your calculated market share allocation is less than 20,000 kg, you are issued an allocation only if the quantity you have specified in your application is equal to or lower than your calculated market share allocation.

3. Eligibility criteria

You are eligible for an allocation if you are a:

Processor:

that manufactures whey powder in your own provincially-licensed or federally-registered facility.

Further Processor:

that uses whey powder in your manufacturing operations and product formulation.

Distributor:

that buys whey powder and resells it to other businesses.

Note: Companies that procure or sell whey powder on behalf of others without taking ownership of or financial responsibility for the product are not eligible for an allocation.
Note: Retailers are not eligible for an allocation. A retailer is an establishment that is primarily engaged in retailing food, and which buys whey powder and sells it directly to final consumers.

4. Calculation of allocations

The Minister will allocate 100% of the TRQ to processors, further processors and distributors on a market share basis as follows:

Processors: based on the kilograms of whey powder manufactured by the processor during the reference period.
Further Processors: based on the kilograms of whey powder used by the further processor in the manufacturing of further processed food products during the reference period.
Distributors: based on the kilograms of whey powder sold by the distributor during the reference period.

Note: You must exclude the following products from your application:

products sold to other distributors;
products sold to related persons; and
products sold at the retail level to consumers.

5. Transfer, return and under-utilization of allocations

If you wish to transfer any portion of your allocation, you must submit a transfer request form.

Note: If you transfer any portion of your allocation, you are not eligible to receive transfers from other allocation holders during the year. If you receive a transfer, you are not eligible to transfer any portion of your allocation.

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

Note: Returned quantities will normally be made available seven days after the return date to eligible allocation holders, who have not returned any portion of their allocation, in proportion to their initial allocation, or on demand if quantities still remain after the first offer.

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.

Note: Any portion of your allocation that you transfer or return in accordance with the present policy is considered to have been used. This applies to the administration of the under-utilization policy only.

6. Related links

Date Modified:: 2022-05-16

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