Saturday, December 26, 2015

Trans-Pacific Partnership. 02. National Treatment and Market Access for Goods. Appendix A to Tariff Schedule of Canada (Tariff Rate Quotas).



Tariff schedules and appendices are subject to legal review, transposition and verification by the Parties. The only authentic tariff commitments are those that are set out in the Tariff Elimination Annex that accompanies the final, signed Agreement

Appendix A to Tariff Schedule of Canada
(Tariff Rate Quotas)

SECTION A – GENERAL PROVISIONS
1. This Appendix sets out the tariff rate quotas (TRQs) that Canada shall apply to certain originating goods under this Agreement. In particular, originating goods of Parties to this Agreement included under this Appendix shall be subject to the rates of duty set out in this Appendix in lieu of the rates of duty specified in Chapters 1 through 97 of the Schedule to Canada’s Customs Tariff. Notwithstanding any other provision of Canada’s Customs Tariff, originating goods of Parties to this Agreement in the quantities described in this Appendix shall be permitted entry into the territory of Canada as provided in this Appendix. Furthermore, any quantity of originating goods imported from a Party to this Agreement under a TRQ provided for in this Appendix shall not be counted toward the in-quota quantity of any TRQ provided for such goods under Canada’s WTO tariff schedule or any other trade agreement.
2. Canada shall administer all TRQs provided for in this Agreement and set out in section B of this Appendix according to the following provisions:
(a) Canada shall administer its TRQs through an import licensing system.
(b) Notwithstanding the definition of “year” provided in sub-paragraph 6(c) of the General Notes to Annex 2-D (Tariff Elimination), “quota year” in this appendix means the 12-month period over which a TRQ applies and is allocated. “Quota year one” has the meaning assigned to “year one” in sub-paragraph 6(a)(iv)1) of the General Notes to Annex 2-D (Tariff Elimination).
(c) Canada shall allocate its TRQs each quota year to eligible applicants. An eligible applicant means a resident of Canada, active in the applicable Canadian sector (i.e., the dairy, poultry, or egg sector, as appropriate), and that is compliant with the Export and Import Permits Act and its regulations. In assessing eligibility, Canada shall not discriminate against applicants who have not previously imported the product subject to a TRQ but who meet the residency, activity, and compliance criteria.
(d) Canada reserves the right to allocate any TRQ or portion of a TRQ through auctioning for no more than the first 7 quota years after entry into force of the Agreement for Canada.
(e) Canada reserves the right to allocate a portion of each TRQ, not to exceed 10% of the annual aggregate quantity, in priority for the importation of goods that are in scarce supply in the Canadian market. Scarce supply means a good which is deemed not available in Canada in sufficient supply to satisfy Canadian demand.
3. Canada’s TRQs shall apply to originating goods of the TPP region.
4. For purposes of this Appendix, the term “metric tonnes” shall be abbreviated as “MT”.

SECTION B – TPP-WIDE TRQS

5. Milk
(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (d) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota
Year
Annual Aggregate Quantity (MT)
1
8,333
2
16,667
3
25,000
4
33,333
5
41,667
6
50,000
7
50,500
8
51,005
9
51,515
10
52,030
11
52,551
12
53,076
13
53,607
14
54,143
15
54,684
16
55,231
17
55,783
18
56,341
19 and each subsequent year

56,905

(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) Canada shall apply the following provisions in the administration of this TRQ:
i. Up to 85% of the TRQ quantities set out in sub-paragraph (a) shall be for the importation of milk in bulk (not for retail sale) to be processed into dairy products used as ingredients for further food processing (secondary manufacturing).
ii. The remainder of the TRQ quantities set out in sub-paragraph (a) shall be for the importation of any milk.
(d) Subject to sub-paragraph (c), this paragraph applies to the following tariff items: 0401.10.20, 0401.20.20
(e) This TRQ shall be allocated on a dairy year basis (August 1 –July 31).

6. Cream

(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (c) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota
Year
Annual Aggregate Quantity (MT)
1
500
2
515
3
530
4
546
5
563
6
580
7
597
8
615
9
633
10
652
11
672
12
692
13
713
14 and each subsequent year

734

(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) This paragraph applies to the following tariff item: 0401.30.20
(d) This TRQ shall be allocated on a dairy year basis (August 1 –July 31).

7. Skim milk powders

(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (c) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota
Year
Annual Aggregate Quantity (MT)
1
1,250
2
2,500
3
3,750
4
5,000
5
6,250
6
7,500
7
7,725
8
7,957
9
8,195
10
8,441
11
8,695
12
8,955
13
9,224
14
9,501
15
9,786
16
10,079
17
10,382
18
10,693
19 and each subsequent year

11,014

(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) This paragraph applies to the following tariff item: 0402.10.20
(d) This TRQ shall be allocated on a dairy year basis (August 1 –July 31).

8. Milk powders

(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (c) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota
Year
Annual Aggregate
Quantity (MT)
1
1,000
2
1,010
3
1,020
4
1,030
5
1,041
6
1,051
7
1,062
8
1,072
9
1,083
10
1,094
11
1,105
12
1,116
13
1,127
14 and each subsequent year

1,138

(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) This paragraph applies to the following tariff items: 0402.21.12, 0402.29.12
(d) This TRQ shall be allocated on a dairy year basis (August 1 –July 31).

9. Cream powders
(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (c) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota
Year
Annual Aggregate
Quantity (MT)
1
100
2
101
3
102
4
103
5
104
6
105
7
106
8
107
9
108
10
109
11
110
12
112
13
113
14 and each subsequent year
114

(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) This paragraph applies to the following tariff items: 0402.21.22, 0402.29.22
(d) This TRQ shall be allocated on a dairy year basis (August 1 –July 31).

10. Concentrated milk
(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (d) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota Year
Annual Aggregate Quantity (MT)
1
333
2
667
3
1,000
4
1,333
5
1,667
6
2,000
7
2,040
8
2,081
9
2,122
10
2,165
11
2,208
12
2,252
13
2,297
14
2,343
15
2,390
16
2,438
17
2,487
18
2,536
19 and each subsequent year
2,587

(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) Canada shall apply the following provisions in the administration of this TRQ:
i. Only goods destined for retail sale shall be imported under this TRQ.
(d) Subject to sub-paragraph (c), this paragraph applies to the following tariff items: 0402.91.20, 0402.99.20
(e) This TRQ shall be allocated on a calendar year basis.

11. Yogurt and buttermilk
(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (d) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota Year
Annual Aggregate Quantity (MT)
1
1,000
2
2,000
3
3,000
4
4,000
5
5,000
6
6,000
7
6,120
8
6,242
9
6,367
10
6,495
11
6,624
12
6,757
13
6,892
14
7,030
15
7,171
16
7,314
17
7,460
18
7,609
19 and each subsequent year
7,762

(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) Canada shall apply the following provisions in the administration of this TRQ:
i. Up to 30% of the TRQ quantities set out in sub-paragraph (a) shall be for the importation of goods in bulk (not for retail sale) used as ingredients for further food processing (secondary manufacturing).
(d) Subject to sub-paragraph (c), this paragraph applies to the following tariff items: 0403.10.20, 0403.90.92
(e) This TRQ shall be allocated on a calendar year basis.

12. Powdered Buttermilk
(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (c) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota Year
Annual Aggregate Quantity (MT)
1
750
2
765
3
780
4
796
5
812
6
828
7
845
8
862
9
879
10
896
11
914
12
933
13
951
14 and each subsequent year
970

(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) This paragraph applies to the following tariff item: 0403.90.12
(d) This TRQ shall be allocated on a calendar year basis.

13. Whey powder
(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (c) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota Year
Annual Aggregate Quantity (MT)
1
1,000
2
2,000
3
3,000
4
4,000
5
5,000
6
6,000
7
6,060
8
6,121
9
6,182
10
6,244
11 and each subsequent year
Duty-free

(b) This is a transitional TRQ. Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall be eliminated in eleven annual stages and such goods shall be duty-free effective January first of Year 11.
(c) This paragraph applies to the following tariff item: 0404.10.22
(d) This TRQ shall be allocated on a dairy year basis (August 1 –July 31).

14. Products consisting of natural milk constituents
(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (c) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota Year
Annual Aggregate Quantity (MT)
1
667
2
1,333
3
2,000
4
2,667
5
3,333
6
4,000
7
4,040
8
4,080
9
4,121
10
4,162
11
4,204
12
4,246
13
4,289
14
4,331
15
4,375
16
4,418
17
4,463
18
4,507
19 and each subsequent year
4,552
 
(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) This paragraph applies to the following tariff item: 0404.90.20
(d) This TRQ shall be allocated on a calendar year basis.

15. Butter
(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (d) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota Year
Annual Aggregate Quantity (MT)
1
750
2
1,500
3
2,250
4
3,000
5
3,750
6
4,500
7
4,545
8
4,590
9
4,636
10
4,683
11
4,730
12
4,777
13
4,825
14
4,873
15
4,922
16
4,971
17
5,021
18
5,071
19 and each subsequent year
5,121

(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) Canada shall apply the following provisions in the administration of this TRQ:
i. Up to 85% of the TRQ quantities set out in sub-paragraph (a) shall be for the importation of goods in bulk (not for retail sale) used as ingredients for further food processing (secondary manufacturing).
(d) Subject to sub-paragraph (c), this paragraph applies to the following tariff items: 0405.10.20, 0405.20.20, 0405.90.20
(e) This TRQ shall be allocated on a dairy year basis (August 1 –July 31).

16. Industrial cheese
(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (d) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota Year
Annual Aggregate Quantity (MT)
1
1,329
2
2,658
3
3,988
4
5,317
5
6,646
6
7,975
7
8,055
8
8,135
9
8,217
10
8,299
11
8,382
12
8,466
13
8,550
14
8,636
15
8,722
16
8,809
17
8,897
18
8,986
19 and each subsequent year
9,076

(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) Canada shall apply the following provisions in the administration of this TRQ:
i. Only goods in bulk (not for retail sale) used as ingredients for further food processing (secondary manufacturing) shall be imported under this TRQ.
(d) Subject to sub-paragraph (c), this paragraph applies to the following tariff items: 0406.10.20, 0406.20.12, 0406.20.92, 0406.30.20, 0406.40.20, 0406.90.12, 0406.90.22, 0406.90.32, 0406.90.42, 0406.90.52, 0406.90.62, 0406.90.72, 0406.90.82, 0406.90.92, 0406.90.94, 0406.90.96, 0406.90.99
(e) This TRQ shall be allocated on a calendar year basis.

17. Mozzarella and prepared cheese
(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (c) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota Year
Annual Aggregate Quantity (MT)
1
483
2
967
3
1,450
4
1,933
5
2,417
6
2,900
7
2,929
8
2,958
9
2,988
10
3,018
11
3,048
12
3,078
13
3,109
14
3,140
15
3,172
16
3,203
17
3,235
18
3,268
19 and each subsequent year
3,300

(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) This paragraph applies to the following tariff items: 0406.20.12, 0406.20.92, 0406.30.20, 0406.90.62
(d) This TRQ shall be allocated on a calendar year basis.

18. Cheeses of all types
(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (c) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota Year
Annual Aggregate Quantity (MT)
1
604
2
1,208
3
1,813
4
2,417
5
3,021
6
3,625
7
3,661
8
3,698
9
3,735
10
3,772
11
3,810
12
3,848
13
3,886
14
3,925
15
3,965
16
4,004
17
4,044
18
4,085
19 and each subsequent year
4,126


(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) This paragraph applies to the following tariff items: 0406.10.20, 0406.20.12, 0406.20.92, 0406.30.20, 0406.40.20, 0406.90.12, 0406.90.22, 0406.90.32, 0406.90.42, 0406.90.52, 0406.90.62, 0406.90.72, 0406.90.82, 0406.90.92, 0406.90.94, 0406.90.96, 0406.90.99
(d) This TRQ shall be allocated on a calendar year basis.

19. Ice cream and mixes
(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (c) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota
Year
Annual Aggregate
Quantity (MT)
1
1,000
2
1,010
3
1,020
4
1,030
5
1,041
6
1,051
7
1,062
8
1,072
9
1,083
10
1,094
11
1,105
12
1,116
13
1,127
14 and each subsequent year
1,138

(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) This paragraph applies to the following tariff item: 1806.20.22, 1806.90.12, 1901.90.32, 1901.90.52, 2105.00.92, 2202.90.43
(d) This TRQ shall be allocated on a calendar year basis.

20. Other dairy
(a) Subject to sub-paragraph (d), the aggregate quantity of originating goods of the TPP region described in sub-paragraph (c) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota
Year
Annual Aggregate Quantity (MT)
1
1,000
2
1,010
3
1,020
4
1,030
5
1,041
6
1,051
7
1,062
8
1,072
9
1,083
10
1,094
11
1,105
12
1,116
13
1,127
14 and each subsequent year
1,138

(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) This paragraph applies to the following tariff items: 1517.90.22, 1901.20.12, 1901.20.22, 1901.90.34, 1901.90.54, 2106.90.32, 2106.90.34, 2106.90.94, 2309.90.32.
(d) During the tariff phase-out for tariff item 1517.90.22, any originating imports under this tariff item shall count against this TRQ. Once the tariff for 1517.90.22 is completely eliminated, any originating imports under this tariff item shall no longer be counted against this TRQ.
(e) This TRQ shall be allocated on a calendar year basis.

21. Broiler hatching eggs and chicks
(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (c) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota Year
Annual Aggregate Quantity
(dozen eggs equivalent)
1
166,667
2
333,333
3
500,000
4
666,667
5
833,333
6
1,000,000
7
1,010,000
8
1,020,100
9
1,030,301
10
1,040,604
11
1,051,010
12
1,061,520
13
1,072,135
14
1,082,857
15
1,093,685
16
1,104,622
17
1,115,668
18
1,126,825
19 and each subsequent year
1,138,093

(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) This paragraph applies to the following tariff items: 0105.11.22, 0407.00.12
(d) This TRQ shall be allocated on a calendar year basis.

22. Chicken
(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (c) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota Year
Annual Aggregate Quantity
(MT eviscerated product basis)
1
3,917
2
7,833
3
11,750
4
15,667
5
19,583
6
23,500
7
23,735
8
23,972
9
24,212
10
24,454
11
24,699
12
24,946
13
25,195
14
25,447
15
25,702
16
25,959
17
26,218
18
26,480
19 and each subsequent year
26,745

(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) This paragraph applies to the following tariff items: 0105.94.92, 0207.11.92, 0207.12.92, 0207.13.92, 0207.13.93, 0207.14.22, 0207.14.92, 0207.14.93, 0209.00.22, 0210.99.12, 0210.99.13, 1601.00.22, 1602.20.22, 1602.32.13, 1602.32.14, 1602.32.94, 1602.32.95
(d) This TRQ shall be allocated on a calendar year basis.

23. Turkey
(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (c) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:


Quota
Year
Annual Aggregate
Quantity (MT eviscerated
product basis)
1
583
2
1,167
3
1,750
4
2,333
5
2,917
6
3,500
7
3,535
8
3,570
9
3,606
10
3,642
11
3,679
12
3,715
13
3,752
14
3,790
15
3,828
16
3,866
17
3,905
18
3,944
19 and each subsequent year
3,983

(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) This paragraph applies to the following tariff items: 0105.99.12, 0207.24.12, 0207.24.92, 0207.25.12, 0207.25.92, 0207.26.20, 0207.26.30, 0207.27.12, 0207.27.92, 0207.27.93, 0209.00.24, 0210.99.15, 0210.99.16, 1601.00.32, 1602.20.32, 1602.31.13, 1602.31.14, 1602.31.94, 1602.31.95
(d) Canada reserves the right to determine the quota year for this TRQ prior to entry into force of this Agreement.

24. Eggs
(a) The aggregate quantity of originating goods of the TPP region described in sub-paragraph (d) that shall be permitted to enter Canada duty-free in each quota year under this TRQ is:

Quota
Year
Annual Aggregate Quantity
(dozen eggs equivalent)
1
2,783,333
2
5,566,667
3
8,350,000
4
11,133,333
5
13,916,667
6
16,700,000
7
16,867,000
8
17,035,670
9
17,206,027
10
17,378,087
11
17,551,868
12
17,727,387
13
17,904,660
14
18,083,707
15
18,264,544
16
18,447,189
17
18,631,661
18
18,817,978
19 and each subsequent year
19,006,158

(b) Duties on goods entered in aggregate quantities in excess of the quantities set out in sub-paragraph (a) shall continue to receive MFN tariff treatment.
(c) Canada shall apply the following provisions in the administration of this TRQ:
i. The TRQ quantities set out in sub-paragraph (a) shall be used in priority for the importation of eggs for breaking purposes for further food processing (secondary manufacturing).
(d) Subject to sub-paragraph (c), this paragraph applies to the following tariff items: 0407.00.19, 0408.11.20, 0408.19.20, 0408.91.20, 0408.99.20, 2106.90.52, 3502.11.20, 3502.19.20
(e) This TRQ shall be allocated on a calendar year basis.

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