WTO: Ice Cream and Ice Cream Novelties TRQ – Serial No. 1002

Date: October 1, 2020

This Notice replaces Notice to Importers No. 967 dated October 1, 2019 and sets out the policies and practices pertaining to the administration of Canada’s tariff rate quota (TRQ) for ice cream and ice cream novelties under the World Trade Organization (WTO).

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.

1. Definitions

Ice cream and ice cream novelties means a product that is included in Item 134 on the Import Control List (ICL), namely ice cream and ice cream novelties falling under tariff items 2105.00.91 and 2105.00.92 in the list of tariff provisions set out in the Schedule to the Customs Tariff.

See the List of EIPA commodity codes for ice cream and ice cream novelties.

Retailer means a grocery store, hotel, restaurant or institution that sells or serves ice cream or ice cream novelties to consumers.

2. Allocation policy

• To be eligible, you must be active in the Canadian ice cream industry at the time of application, and must remain active during the quota year.
• Note: You must, in addition, have been active in the ice cream industry, selling ice cream and ice cream novelties to retailers, 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.

3. Eligibility criteria

You are eligible to apply for an allocation if you are a:

Historical allocation holder

Distributor

• that sells ice cream and ice cream novelties to retailers.
  • Note: Companies that procure or sell ice cream and ice cream novelties on behalf of others without taking ownership of or financial responsibility for the product are not eligible to apply for an allocation.

4. Calculation of allocations

Historical allocation holders

• are each allocated the amount of quota that they were allocated in the previous year, as adjusted since (e.g., for under-utilization).

Distributors:

• are allocated any remaining quota on an equal share basis.
• Note: You must specify in your application the amount of quota you are willing to accept. You are allocated the lower of the equal share or the quantity you request.

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.
• You may return any portion of your allocation to the Department in writing by the prescribed return date.
• Note: Returned quota is reallocated to eligible applicants on a first-come, first-served basis.
• If you use less than 90% 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.

6. Related Links

• General Information on the Administration of TRQs for Supply-Managed Products
• Key dates and access quantities
• Information concerning related persons
• How to apply for an allocation
  • Application form
  • List of EIPA commodity codes for ice cream and ice cream novelties
• How to apply for an import permit
• Allocation transfer request form
• Contact us