Order Amending the Schedule to the Customs Tariff, 2022-1: SOR/2023-20
Canada Gazette, Part II, Volume 157, Number 4
Registration
SOR/2023-20 February 6, 2023
CUSTOMS TARIFF
The Minister of Finance makes the annexed Order Amending the Schedule to the Customs Tariff, 2022-1 under section 13footnote a of the Customs Tariff footnote b.
Ottawa, February 2, 2023
Chrystia Freeland
Minister of Finance
Order Amending the Schedule to the Customs Tariff, 2022-1
Amendments
1 The List of Tariff Provisions set out in the schedule to the Customs Tariff footnote b is amended as set out in Part 1 of the schedule to this Order.
2 The English version of the List of Tariff Provisions set out in the schedule to the Act is amended as set out in Part 2 of the schedule to this Order.
3 The French version of the List of Tariff Provisions set out in the schedule to the Act is amended as set out in Part 3 of the schedule to this Order.
Coming into Force
4 This Order comes into force on the day on which it is registered.
SCHEDULE
(Sections 1 to 3)
PART 1
Amendments to the List of Tariff Provisions
1 The Description of Goods of tariff item No. 2106.90.35 is replaced by the following:
---- Milk or cream substitutes, containing, in the dry state, over 10% by weight of milk solids but less than 50% by weight of dairy content; butter substitutes, containing, in the dry state, over 10% by weight of milk solids but 15% or less by weight of milk fat
2 The Description of Goods of tariff item Nos. 4011.70.10, 4011.80.10 and 4011.90.10 is amended by replacing “Of a size of 3600 × 51 or 4000 × 57” with “Of a size of 36.00 × 51 or 40.00 × 57”.
3 The Description of Goods of tariff item No. 9003.11.10 is replaced by the following:
---For prismatic eyeglasses; for safety goggles or safety spectacles, designed for use by workers employed in hazardous work
4 The Description of Goods of tariff item No. 9004.90.10 is replaced by the following:
---Prismatic eyeglasses; safety goggles and safety spectacles, designed for use by workers employed in hazardous work
PART 2
Amendments to the English Version of the List of Tariff Provisions
1 The Description of Goods of tariff item Nos. 0601.10.11, 0601.10.21, 0601.20.10 and 0602.90.10 is amended by replacing “nurserymen” with “nursery operators”.
2 The Description of Goods in the preamble preceding tariff item No. 1905.90.71 is amended by replacing “cheese sticks” with “cheese flavoured dried bread sticks”.
3 The Description of Goods of tariff item No. 6506.10.10 is amended by replacing “firemen” with “firefighters”.
4 The Description of Goods of tariff item No. 9507.90.10 is amended by replacing “Sportsmen’s” with “Sportsperson’s”.
5 The Description of Goods of tariff item No. 9987.00.00 is amended by replacing “craftsmen” with “craftspeople”.
PART 3
Amendments to the French Version of the List of Tariff Provisions
1 The Description of Goods in the preamble preceding tariff item No. 0105.11.21 is replaced by the following:
--- Poulets à chair pour la production nationale :
2 The Description of Goods in the preamble preceding tariff item No. 0407.11.11 is replaced by the following:
--- D’incubation, pour poulets à chair :
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Issues
Certain updates to the descriptions in the Schedule to the Customs Tariff are needed to reflect up-to-date terminology and to better align English and French terminology, to ensure tariff items descriptions are clear for importers.
Background
The Schedule to the Customs Tariff contains over 7 300 tariff item lines with descriptions in both official languages. Over time, certain tariff item descriptions become either obsolete or no longer reflect commonly used language or translations. Periodic updates help keep descriptions current and support importers in identifying the correct tariff classification for imported goods, thereby minimizing the administrative burden for the payment of customs duties and taxes to the Crown and minimizing the compliance risks for both importers and the Canada Border Services Agency (CBSA). This is the first such update since 2014.
Objective
This Order seeks to ensure that tariff item descriptions in the Schedule to the Customs Tariff are easily understood by importers (and customs brokers working on their behalf) when declaring commercial imports to the CBSA. These changes will not affect customs duty rates.
Description
This Order updates descriptions in the Customs Tariff to better align English and French terminology as well as with gender-based analysis plus (GBA+) guidelines, correct punctuation, and update to new industry standards.
Regulatory development
Consultation
The Department of Finance Canada consulted with the CBSA and Statistics Canada on updates. These agencies regularly hear directly from importers and industry in carrying out their respective roles to administer the tariff or gather statistical data. A total of 16 tariff items updates were identified, with several resulting from discussions with importers and industry.
These changes were not prepublished in the Canada Gazette, Part I, as per the practice of previous updates of this nature, since the changes to the Schedule to the Customs Tariff are technical in nature, and do not affect customs duty rates.
Modern treaty obligations and Indigenous engagement and consultation
An assessment of modern treaty implications did not identify any adverse impacts on potential or established aboriginal or treaty rights, which are recognized and affirmed in section 35 of the Constitution Act, 1982. The updates are technical in nature and do not involve any changes in tariff policy.
Instrument choice
Section 13 of the Customs Tariff allows the Minister to, by order, amend the List of Tariff Provisions to change a tariff item number or a description of goods in a tariff item, or to add, repeal or replace a tariff item, if the amendment does not affect the rate of customs duty applicable to those goods.
Regulatory analysis
Benefits and costs
The updates are technical in nature and do not involve any changes in tariff policy. These changes do not affect rates of duty nor incur associated costs. The trading community will benefit from clearer and more accurate terminology, which will allow for better and easier classification of goods.
Small business lens
Analysis under the small business lens concluded that the Order will be beneficial for small businesses involved in international trade, as it will ensure that the tariff classification of goods imported into Canada will be clearer and more accurate.
One-for-one rule
The one-for-one rule does not apply to this Order, as there is no change in administrative costs to business
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Gender-based analysis plus
No GBA+ impacts have been identified for this Order.
Implementation, compliance and enforcement, and service standards
The CBSA is responsible for the administration of and compliance with customs and tariff legislation and regulations. In the course of its administration of these tariff changes, the CBSA will inform the importing community and will monitor compliance with the Schedule to the Customs Tariff in the normal course of its administration of customs- and tariff-related legislation and regulations.
Contact
Stuart Bowden
Statistical Analyst, Trade and Tariff Policy
International Trade Policy Division
Department of Finance Canada
Ottawa, Ontario
K1A 0G5
Email: tariff-tarif@fin.gc.ca