M2.3: The Rules of Trade Flashcards by Kate Stomperud

How many parts is the Customs Act divided into?

7 Parts
1. General
2. Importation
3. Calculation of Duty
4. Abatements and Refunds
5. Collection
6. Enforcement
7. Regulations

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Under what acts are duties and taxes levied or imposed ?

Customs Tariff
Excise Act 2001
Excise Tax Act
SIMA (Special Import Measures Act)
Any Act of Parliament

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What does Part IX (9) of the Excise Tax Act cover?

GST

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What does subsection 3(1), paragraghs 59(3)(b) and 65(1)(b), sections 69 and 73 and subsections 74(1).75(2) and 76(1), of the Customs Act, Excise Act and Exice Tax Act pertain to?

Refund of duties and excludes refund of GST

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How many parts is the Customs Tarff Act divided into?

9 Parts and 214 Sections;
1. International and general
2. Cusoms duties
3. Duties relief
4. Regulations and orders
5. Prohibited Goods
6. Transitional provisions
7. Related amedments
8. Consequential amendments
9. Repeal and coming into force

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Who is responsible for ensuring the tariff is administered correctly?

CBSA

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Who prepares the the tariff legislation and why?

Finance Canada because the tariff involves the collection of revenue.

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What does the Customs Act allow the CBSA to do?

provides legislative authority for the CBSA to collect duty

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What does the Customs Tariff Act do?

Imposes duties and provides relief of the imposition of certain duties

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Under what subsection of the Customs Act allows the BSO to open and take samples of suspected prohibited goods?

Subsection 99(1) of the Customs Act

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Under what subsection of the Customs Act allows the BSO to detain goods prior to release ensure they are legal to import or export?

Section 101 of the Customs Act

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What section of the Customs Tariff Act states that importation of certain goods are prohibited?

Section 136 of the Customs Tariff Act

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What D Memo covers Prohibited Goods

D 9

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What section of the Customs Act allowes CBSA to seize goods that have been smuggled

Section 110 of the Customs Act

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What section of the Customs Act allow an importer to appeal a seisure of goods?

Section 129 of the Customs Act states that importer who wish to appeal any seizures must do so in writing and within 90 days of the seizure date.

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What goods are forfeited if seized?

Illegal Drugs, Firearms and weapons at not returned.

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A person who smuggles or attempts to smuggle goods into Canada is committing an offence under what section and what Act?

Section 159 of the Customs Act.

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If a person smuggles they are subject to what terms in what section of Customs Act?

Section 160 of the Customs Act
1. offence punishable on summary conviction and fined 50k, or 6 mnths in jail
2. indictable offence and fined 500K or 5 years in jail

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Summarize the Customs Act

is divided into 7 parts
legislation that controls the movement of goods and persons in an out of Canada.
-Accounting of importer goods and payment of D & T
lists valuation methods for imported goods

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Summarize the Customs Tariff Act

divided into 9 parts and seval schedules
-imposition of customs duty and relief of other duties.

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What section of the Customs Act gives BSOs the authority to open goods they suspect to be prohibited?

Section 99(1)

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What section of the Customs Act gives the BSOs the authority to detain goods they suspect are prohibited?

Section 101

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What section of the Customs Act gives the BSOs the authority to seize goods or conveyances they believe are in contravention of the regulations?

Section 110

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What section of the Customs Tariff Act states that the importation of certain goods specified in the Customs Tariff are prohibited?

Section 136

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What goods are prohibited?

miscellaneous goods firearms and weapons books, printed paper drawings deemed obscene, hate propaganda etc.

What section of what act covers smuggling or attemps to smuggle goods into Canada?

Section 159 of the Customs Act

What are monetary penalties based on?

Risk posed to: National security Health and Safety economic and international commitments

What is AMPS? Administrative Monetary Penalty System

civil penalty regime that ensures compliance with customs legislation through the application of monetary penalties

What is the MPD(Master Penalty Document)?

Database that contains all the potential penalties that can be issued by the CBSA under AMPS

What is the penalty retention period for border violations?

1 year - generally 3 years - post release verification activities

What D memo covers AMPS?

D 22

What are the Designated Provisions (Customs) Regulations?

list the legislative authority that forms the bases of each penatly

What key elements are noted on the NPA ( Notice of Penalty Assessement)

Date Contravention Penalty details Correction and redress (appeal) payment and interest info

Where are corrections or appeals to a AMPs penalty made?

Online or writing to the CBSA Recourse Directorate in Ottawa.

What is the PRA Penalty Reivestment Agreement?

mechanism by which the amount of penalty under the AMPS can be reduced

What is the AMPS

- graduated system of penalties for infractions under Customs Act, Tariff Act and SIMA

Where are contraventions found under AMPS

Master Penaltiy Docment MPD

What is used to issue a penalty?

Notice of Penatly Assessment NPA

What can the importer due when issued a NPA

1. Pay 2. Request a review 3. Appeal 4. Enter into PRA Penalty Reinvestment Agreement

What is the PRA Penalty Reinvestment Agreement?

- it is a mechanism which the amount of a penatly under AMPS can be reduced - reduced dollar for dollar basis -specific or prohibited goods are not eligible

When can a PRA be requested?

when the infraction is found to be a result of a failure in the company's CIS (Customs Information System)

What does the Excise Tax Act provide?

1. imposition and collection of GST 2. implementation of Harmonized Sales Tax HST (5 provinces) 3. excise tax on specific goods (vehicles)

How many parts is the Excise Tax Act divided into?

9 Parts and 10 Schedules

What does Part 1 of the Excise Tax Act cover?

Insurance premiums

What does Part 2 of the Excise Tax Act cover?

Telecommunication Services

Who is responsible for the collection of excise tax on imported goods?

CBSA

What are the provinces called that are subject to HST?

Participating Provinces

What 2 Acts are the authority for excise duty?

Excise Act Excise Act, 2001

How many parts is the Excise Act comprised of?

6 parts key component is Section 1.1(1)

What does Excise Act Section 1.1(1) state?

Parts 3 and 4 of the Excise Act, 2001does not apply to beer, malt liquor and imposed levied and collected Excise DUTY under the Excise Act

What Act imposes, levies and collects excise duty on beer manufacture/produced in Canada?

Excise Act

How many parts does the Excise Act, 2001 comprise of?

11 Parts and several schedules

What goods manufactured or produced in Canada have Excise Duty imposed, levied and collected on under the Excise Act, 2001?

1. all spirits 2. wine 3. tobacco 4. cannabis products

What else does the Excise Tax, 2001 provide?

Ship Stores at sea or outside of Canadian coastal waters.

What Act and sections provide for additional duty to be applied for beer, spirits wine tobacco and cannibas?

Customs Tariff Act sections 21.1, 21.2 and 21.3

What is regular duty?

Duty assessed under the Customs Tariff schedule

What is excise duty?

additonal duty but technically is not

What provinces are HST participating provinces?

1. Nova Scotia 2. New Brunswick 3. Newfoundland and Labroador; 4. Ontario 5. Prince Edward Island

What Act provides for excise duty on Beer manufactured/produced in Canada?

Excise Act

What Act provides for excise duty on spirits, wine, cannabis and tobacco manufactured/produced in Canada?

Excise Act, 2001

When beer, spirits, wine, cannabis and tobacco are imported what Act provides additional duty equivalent to excise duty?

Customs Tariff Act

Why was the Special Import Measures Act create?

to protect industries in Canada from injury and is divided into three parts

What does SIMA provide?

1. Investigation of complaints that imported goods sold at a reduced cost cause injury to Canadian producers. 2. assessment of additional costs if injury is found.

What does Dumped mean?

selling of goods in another country's market at prices lower thatn the prices at which the goods are sold. Offsetting by additional duty at time of importing called Anti Dumping Duty

What does Subsidized mean?

-goods imported into Canada from a foreign government financial assistance. -Production of the goods has been subsidized by the government of the exporting country. Countervailing duties are assessed

What does Provisional duties mean?

Duty applied to goods while in investigation of dumping or subsidizing is underway

What is the Provisional period?

The time between establishing that dumping and/or subsidizing has occurred and the determination of injury.

Where can a company file a formal complaint to begin an investigation into dumping and or subsidizing?

CBSA's Trade and Anti-dumping Prgram Directorate.

What qualifies for a investigation into dumping and or subsidizing?

the complaint must represent at least 25% of Canadian production of the goods and; the number of producers supporting the claim must be greater than the producers apposed.

What is SIMA?

protection for Canadian producers from dumped and subsidized goods that cause injury to Canadian production.

What are the key points of the Customs Act?

1. is divided into seven parts; 2. includes the legislation that controls the movement of goods and persons into and out of Canada; 3. provides for the accounting of imported goods and the payment of duties and taxes; 4. lists the valuation methods to be used for imported goods;

What are the key points of the Customs Tariff Act?

1. is divided into nine parts and several schedules; 2. provides for the imposition of customs duty, as well as for relief of other duties;

M2.3: The Rules of Trade Flashcards

(73 cards)