M4.5 Marking Of Imported Goods Flashcards
What section of the Customs Act states all goods imported are required to be marked in accordance to the regulations in Section 19?
Section 35.01
What is the country of origin to be marked on on CUSMA goods?
- country goods were substantially manufactured
- including cost of materials labor and overhead
- marked in French or English
Section 19(1) of the Customs Tariff Act grants the Governor in Council
Section 19(1) of the Customs Tariff Act grants the Governor in Council the authority to make regulations requiring imported goods to be marked, as well as regulations governing which goods must be marked. The regulations also include guidelines for determining the appropriate country or geographical area of origin of imported goods for marking purposes. The Governor in Council is the Governor General of Canada acting on the advice of the King’s Privy Council for Canada (i.e. Cabinet).
Section 19(2) of the Customs Tariff Act allows the Minister (the Minister of Public Safety and Emergency Preparedness) to
Section 19(2) of the Customs Tariff Act allows the Minister (the Minister of Public Safety and Emergency Preparedness) to make regulations regarding the marking of imported goods and the manner in which they must be marked, as well as regulations prescribing when the imported goods must be marked.
What’s re the 7 category’s of goods that require marking regardless of their origin?
Household goods
Hardware
Novelties and sporting goods.
Paper products
Apparel
Horticultural
Steel and Aluminum
Appendix B of D11-3-1 lists 21 categories of goods that are exempt from origin marking, regardless of their origin. It also provides guidance on the proof required to establish that they are exempt from marking.
In order to mark goods in Canada after they have arrived but before release by the CBSA, the following conditions must be met:
In order to mark goods in Canada after they have arrived but before release by the CBSA, the following conditions must be met:
In other words, if the importer decides to mark the goods in Canada instead of exporting or abandoning them, they may only do so if the goods have not been shipped through the mail, the importer has not received prior notice for failing to mark similar goods (within a certain time frame), the importer gives the CBSA written notice (again, within a certain time frame) and the goods are not sold before they are marked.
Goods from non-CUSMA countries must be marked in English and in French.
False
An importer receives 3 penalties in March for failing to mark the goods with the correct country of origin. 2 months later, the importer receives 1 penalty for failing to marks the goods in an appropriate manner.
The total amount of the penalties assessed is
$675
The first 3 penalties would be assessed at $150.00 each, 3 X $150.00 = $450.00. The penalty 2 months later is assessed at $225.00. The total amount of the penalties is $675.00.
Country of origin marking is required on the shipping packaging only.
False
The seven categories of goods that are required to be marked, regardless of their country of origin are
goods for personal or household use, hardware, novelties and sporting goods, paper products, apparel, horticultural products, steel and aluminum
All goods have to be marked with their country of origin
False
Section________ of the Customs Act states: No person shall import goods that are required to be marked by any regulations made under section 19 of the Customs Tariff Act unless the goods are marked in accordance with those regulations.
35.01
The purpose of origin markings is to ensure that the ultimate consumer is aware of the origin of the goods.
True
