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Dairy – CPTPP Skim Milk Powders Tariff Rate Quota (TRQ) (Item 118 on the Import Control List)

Serial No. 931

Date: November 26, 2018

This Notice to Importers is provided pursuant to Section 6.2 of the Export and Import Permits Act (EIPA) and will remain in effect until further notice.

In brief

Imports of skim milk powders into Canada are subject to import controls under Canada’s EIPA.  Accordingly, an import permit is required for shipments of skim milk powders to enter Canada.

Under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) among Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam, Canada agreed to establish a tariff rate quota (TRQ) of 11,014,000 kilograms for skim milk powders .

The allocation period for this TRQ extends from December 30, 2018 to July 31, 2019, inclusive.  Import permits for shipments of skim milk powders destined to the Canadian market are issued to allocation holders under Canada’s tariff rate quota (TRQ) for skim milk powders, which is administered by Global Affairs Canada.

This Notice to Importers sets out the policies and practices pertaining to the administration of this TRQ, including the allocation, underutilization, return and transfer policies.  This Notice also explains how to apply for import permits.

Summary of key dates and access quantity for the 2019 allocation year

Table of contents

1. Purpose

1.1 The purpose of this Notice is to:

  1. set out the policies and practices pertaining to the administration of the CPTPP skim milk powders TRQ;
  2. invite applications for allocation under the TRQ for the next allocation year; and
  3. explain how to apply for permits for imports of skim milk powders.

2. Definitions

“Skim milk powders” means a product that is included Item 118 of the Import Control List.

“Processor” means an establishment that carries on the manufacture of skim milk powders in its own provincially-licensed or federally-registered facility throughout the entire reference period.

“Further Processor” means an establishment that uses skim milk powders in their manufacturing operations and product formulations.

“Distributor” means an establishment that buys skim milk powders and re-sells it to other businesses.

“Market share” means an applicant’s level of activity in the skim milk powders sector in relation to the total activities of the other eligible applicants within the group of the TRQ.

“Equal share” means each applicant receives the same allocation level based on the quantity of TRQ available divided by the number of eligible applicants within the group of the TRQ.

“Reference period” means the period of time used to measure an applicant’s activity in the processing or distribution of skim milk powders in the Canadian dairy sector. For the purpose of this Notice, the reference period is from May 1 to April 30 immediately preceding the applicable allocation year.

“Accountant” means a member in good standing of one of the professional accounting bodies in Canada, who is registered with his/her provincial professional organization to provide accounting services and is independent from the applicant (i.e., is not an owner, a partner, a director, or an employee of the company applying for an import allocation).

3. General information

3.1.1. In accordance with its commitments under the CPTPP, Canada has established a TRQ for imports of the skim milk powders.

3.1.2. Under Canadian TRQs, in any given year, a predetermined quantity of imports of a good controlled under the EIPA can enter Canada at a lower rate of duty, while imports over this quantity are subject to higher rates of duty. The TRQs therefore have three components: an import access quantity negotiated with Canada’s international trade partners; a within access commitment rate of duty that applies to imports up to the access level; and a higher, over access commitment rate of duty for imports over the access level.

3.1.3. The within and over access rates of duty that apply to imports of skim milk powders can be found in Canada’s Customs Tariff.

3.1.4. Pursuant to the EIPA and its corresponding regulations, when deciding whether to issue an import allocation or whether to consent to a transfer, the Minister shall take into account whether the import allocation holder has furnished false or misleading information in connection with any reports required by the Act or the regulations made under the Act or by any condition of an import allocation or import permit during the 12-month period preceding the period in respect of which the import allocation or transfer is to apply. Furthermore, the Minister may attach conditions to import allocations and/or to import permits, and may amend, suspend, cancel or re-instate import permits and allocations.

3.1.5. Failure by an applicant to provide any information requested by Global Affairs Canada under the EIPA or failure to comply with any condition of an authorization or permit issued pursuant to the EIPA may result in the rejection of the application for an allocation under the skim milk powders TRQ, the reduction or cancellation of an authorization issued pursuant to the EIPA, or the cancellation of associated permits.

3.2 Access quantity

3.2.1. The access quantity for the CPTPP skim milk powders TRQ will be phased in over nineteen years.  The phase-in table can found in the text of the CPTPP under section 2-D, entitled Canada Appendix A Tariff Rate Quotas.

3.2.2. The 2018-2019 access level for the CPTPP skim milk powders TRQ is 833,333 kilograms.

3.3 Allocation period

3.3.1. The allocation year for the CPTPP skim milk powders TRQ extends from December 30, 2018 to July 31, 2019, inclusive.

3.3.2. Eligibility for an allocation will be assessed on the basis of each applicant’s activities in the skim milk powders industry during the reference period of May 1 to April 30 immediately preceding the new quota year. An applicant must be a resident of Canada and active regularly in the Canadian skim milk powders sector, specifically skim milk powders, during the reference period and the allocation year.

3.3.3 Being active regularly during the reference period and the allocation year is normally understood to mean monthly activity.

4. Products covered

4.1. This Notice pertains to Item 118 of the Import Control List (ICL), namely skim milk powders falling under heading No. 0402.10.10 in the list of tariff provisions set out in the Schedule to the Customs Tariff.

4.2. Importers who require a determination as to whether the product they intend to import is eligible under the CPTPP skim milk powders TRQ are encouraged to obtain an advance tariff classification ruling from the appropriate regional client service office of the Canada Border Services Agency (CBSA).

5. Allocation policy

5.1 The TRQ that is available for a given year is allocated in the following way: 

5.2. An eligible processor market share is calculated on the basis of the kilograms of skim milk powders manufactured and subsequently sold by the applicant during the reference period in relation to the total market calculated within the group of eligible applicants.

5.3. Eligible further processor market share is calculated on the basis of the kilograms of skim milk powders used in the manufacture of food products and subsequently sold by the applicant during the reference period in relation to the total market calculated within the group of eligible applicants.

5.4. Eligible applicants are eligible to apply under only one group during any given allocation year under the CPTPP skim milk powders TRQ.

5.5. For the purpose of this Notice, where two or more applicants are related persons, they shall be eligible for only one allocation. To determine which persons are related, applicants are required to provide a list of “related persons”. A definition of related persons may be found in Appendix 4.

5.6. In the case of separate applications from related applicants involving a parent company and one or more subsidiaries, only the application nominated by the parent company will be eligible. If the parent company does not make such a nomination in writing, it shall be made by Global Affairs Canada.

5.7. In order to ensure that allocations are issued in economically viable quantities, applicants whose market share calculation does not result in a minimum 20,000 kg allocation will normally not be issued an allocation.  Applicants are to identify the minimum volume they are willing to accept. Should an applicant’s market share calculation result in a volume lower than the identified volume, no allocation will be issued.

5.8. All import allocations expire at the end of each allocation year and all applicants interested in receiving an import allocation must reapply each year.

6. How to apply for an allocation

6.1. Applicants who wish to apply for an allocation under this TRQ are invited to submit their completed application form and any other relevant documents beginning November 26 and no later than December 12 immediately preceding the opening of the allocation year.

6.2. All applicants for an allocation are required to include as part of their application:

6.3. Processor and further processors applicants are also required to include as part of their application a letter from an independent qualified professional (normally an accountant) verifying the information included in the application.

6.4. All appendices to the application should be in the exact format of the models attached to this Notice. Any changes to the wording of the appendices will normally not be permitted. Any change to the appendices should be discussed and submitted in advance to be validated by Global Affairs Canada.

6.5. The information that the applicant provides will be considered when allocating the TRQ. Global Affairs Canada retains the right to request additional information. Applicants may be required to provide evidence of their activities. Accountants may be asked to explain the procedures used in greater detail and may be asked to provide Global Affairs Canada with copies of all working documents. Any costs associated with a request for additional information will be borne by the applicant. Failure to provide information requested may result in the application being deemed incomplete.

6.6. The declaration in the application form allows Global Affairs Canada and its representative access to any information pertaining to the applicant in relation to the application for an import allocation or to subsequent applications for, or concerning the use of, import permits that is in the files of Agriculture and Agri-Food Canada or the Canadian Food Inspection Agency. Normally, applicants are informed of any such requests for information.

6.7. Section 18 of the EIPA forbids any person to knowingly induce, aid or abet any other person to contravene any of the provisions of the EIPA. Such contraventions by an applicant or its accountant may lead to prosecution for offenses under the EIPA.

6.8. Applicants are invited to send their applications by E-MAIL to the CPTPP Dairy Mailbox. Applicants sending their application by e-mail should be prepared to present the original version of their application upon Global Affairs Canada’s request. Failure to do so may lead to the cancellation of any allocation issued pursuant to the application and/or the cancellation of associated permits.

6.9. Applications sent by MAIL or COURIER should be addressed to the quota manager of the CPTPP skim milk powders TRQ at Global Affairs Canada. The mailing address of the Trade Controls Policy Division can be obtained on the Global Affairs Canada website, under Contact Us.

6.10. For legibility reasons, applications sent by facsimile will not be accepted.

6.11. Applications postmarked after the deadline immediately preceding the opening of the allocation year, or in a format other than that required, will normally not be considered. Lost applications will not normally be considered without acceptable proof that they were sent before the deadline (e.g., courier receipt).

7. Underutilization, returns and reallocation

7.1 Underutilization

7.1.1. Allocation holders with a utilization rate less than 95 percent in the previous allocation year may have their allocations adjusted downward by an under-utilization penalty for the new allocation year Footnote 1.

7.1.2. For allocation holders that under-utilized in the previous allocation year, allocations in the new allocation year will be reduced by the percentage of the allocation not utilized in the previous allocation yearFootnote 2.

7.1.3. Allocation holders that under-utilized during the previous allocation year will be advised of the applicable under-utilization penalty before the allocations are finalized for the new allocation year.

7.2. Returns

7.2.1. Allocation holders may return any portion of the balance of their allocation no later than April 1 of the allocation year. Any portion of an allocation that is returned by this date will be considered as having been used for the purposes of administering the under-utilization policy.

7.3. Reallocation

7.3.1. Returned quantities will normally be made available seven days after the return deadline to eligible allocation holders who have not returned any unused quantity of their allocation. The reallocated quantity will be in proportion of the applicant’s allocation, or on demand if quantities still remain after the first offer

8. Transfer policy

8.1. The Minister may allow the transfer of allocations between allocation holders. All requests for allocation transfer must be referred to Global Affairs Canada for consideration. Requests must be made by way of the CPTPP Dairy - Import Allocation Transfer Request form.

8.2 Allocation holders who transfer any portion of their allocation will not normally be eligible to receive transfers from other allocation holders.  Conversely, allocation holders who receive a transfer will normally not be eligible to transfer any portion of their allocation to another allocation holder.

9. Import permit

9.1. Types of permits

9.1.1. An import permit issued by Global Affairs Canada is required for every shipment of skim milk powders covered by this Notice to enter Canada. For a given shipment, importers may either present a shipment-specific import permit or invoke the appropriate General Import Permit (GIP).

9.1.2. Goods imported directly into a bonded warehouse do not require either a specific import permit or a GIP. However, an import permit is required to move goods out of a bonded warehouse for consumption in Canada.

9.2. Shipment-specific import permits

9.2.1. Shipment-specific import permits are normally issued on demand to allocation holders up to the amount of their allocation under the CPTPP skim milk powders TRQ. Shipments entering Canada under a shipment-specific import permit can normally do so at the within access rate of duty as long as there is sufficient quota remaining.

9.2.2. To claim the within access rate of duty for a shipment, the importer must present the shipment-specific import permit to the CBSA at the time of final accounting.

9.2.3. Shipment-specific import permits will not normally be issued retroactively for shipments that have already been imported into Canada, including under the authority of a GIP, regardless of the importer’s allocation.

9.2.4. For a shipment-specific import permit to be considered valid, the name on the permit must match exactly the name of the importer on the CBSA’s B3-3 Canada Customs Coding Form and related documents at time of final accounting and related documents at time of final accounting. Furthermore, the quantity on the permit must be the same as the net quantity on the Customs invoice. It is incumbent on the recipient of the permit to ensure that a permit application is made in the name of the importer of record and includes the correct quantity. Questions about the proper procedures to fill out customs entry documents should be addressed to local CBSA officials.

9.3 General Import Permit

9.3.1. The GIP that applies for skim milk powders is General Import Permit (GIP) No. 100 – Eligible Agricultural Goods. There is no limit to the quantities of skim milk powders that may enter Canada under the GIP; however, such imports will be subject to the higher over access rate of duty.

9.4 How to apply for a permit

9.4.1 Information about the permit application process, including information about fees, the monthly billing system, information required from applicants and the permit application form, is available on the Global Affairs Canada website: Applying for an Import Permit.

10. Contact us

10.1. Contact details the Trade Controls Policy Division and the Help Desk are available on the Global Affairs Canada website: Contact Us

10.2. For directory assistance, you may call 343-203-6820.

Appendices

Appendix 1 – Application Form

Application form | PDF 165 KB

Appendix 2 – Affidavit for [indicate activity field]

[To be printed on company letterhead]

I [NAME OF PERSON], A RESIDENT OF THE COUNTY OR MUNICIPALITY OF [_________________], IN THE PROVINCE OF [______________] MAKE OATH AND SAY AS FOLLOWS:

  1. I am employed by [Applicant name] as [job title].
  2. [Applicant name] does and will continue to do business in [year] as a (indicate your field of activity):
    1. ☐ processor, or
    2. ☐ Further-processor, or
    3. ☐ Distributor.
  3. During the reference period of May 1 to April 30 immediately preceding the new quota year (Select your field of activity),
    1. ☐ as a processor, the company produced XX kg of skim milk powders in its own provincially-licensed or federally-registered facility, or
    2. ☐ as a further-processor, the company used XXXX kg of skim milk powders in its own provincially-licensed or federally-registered facility for the production of other products, or
    3. ☐as a distributor, the company sold XXXX kg of skim milk powders to other businesses, excluding sales to other distributors, sales to related persons and sales directly to final consumers.
  4. No statistical sampling techniques were used to estimate the quantity of skim milk powders in kilograms declared under Paragraph 3 of this affidavit.   
  5. All other information provided by [Applicant name] on the “CPTPP Skim milk powders Tariff Rate Quota (TRQ) - Application form” for [Allocation year] is accurate and complete.
  6. I understand that the information provided by [Applicant name] in this affidavit will be used to assess [Applicant name] application for a share of the [Allocation year] CPTPP Skim milk powders TRQ. I am aware that Section 17 of the Export and Import Permits Act (EIPA) forbids anyone to furnish false or misleading information or knowingly to make any misrepresentation in any application in order to procure an import permit.  I am aware that Section 18 of the EIPA forbids any person to knowingly induce, aid or abet any other person to contravene any of the provisions of the EIPA.

Sworn before me at the City of ________________________________________in the province

of______________________, on this ____________ day of ________[Month]of ______ [Year]

Notary Public, Justice of the Peace or Commissioner of Oaths

______________________________________

Signature and printed or typed name of swearer

Appendix 3 - Independent verification of an application for an allocation as a (indicate field of activity) of the CPTPP Skim milk powders Tariff Rate Quota (TRQ) in [allocation year]

Independent verifier's letterhead

To: Global Affairs Canada
Re: [Applicant name]
[Applicant EIPA File Number]

At the request of [Applicant name] and as required by Notice to Importers dated _______________________, I performed the following procedures in connection with [Applicant name]’s application as (indicate applicant’s field of activity) for an allocation of the CPTPP Skim milk powders TRQ for the [allocation year] (“the application”).

I enquired of [Applicant name] and confirmed that the company will continue to do business in [year] as defined in Notice to Importers dated ____________ as (select applicant’s field of activity):

Procedures performed and findings

1. I read Notice to Importers and understand its contents. In particular, I am aware that Item 118 of the Import Control List (ICL) include only skim milk powders classified under tariff heading 0402.10.10.

2. I inspected the following documents in support to the application of (Applicant name) as a (indicate the applicable field of activity) and more specifically:

The following exceptions were found:
_________________________________________________________________

3. I enquired of the [name and title of individual responsible for the application] as to whether (select the field of activity of the applicant):

The following exceptions were found:
_________________________________________________________________

4. I compared the type of skim milk powders described in [documents supporting the application] to the types of skim milk powders listed in Item 118 of the ICL and found that the type of skim milk powders was of a type listed in Item 118 of the ICL.

The following exceptions were found:
_________________________________________________________________

These procedures do not constitute an audit of the application and therefore I express no opinion on the application.

This letter is for use solely in connection with [Applicant name]’s application for an allocation under the CPTPP Skim milk powders TRQ.

I am a professional member in good standing of an institute, society or association of accountants incorporated by or under an Act of the Legislature of this province, whose normal professional activities include the performance of independent audits of financial statements, and am qualified to express an opinion on financial statements for third party use.

Accountant name (please print) ______________________________

Accountant signature: ______________________________________

Date ____________________________________________________

Name of firm: ____________________________________________

City ____________________________________________________

Province: ________________________________________________

Membership Number with National Professional Organization:
________________________________________________________

Membership Number with Provincial Professional Organization:
_______________________________________________________

Appendix 4 - Information Concerning Related Persons

1. For the purposes of this Notice to Importers, persons are related to each other and are related persons if they are:

  1. relatives of one another;
  2. corporation and
    1. a person who controls the corporation,
    2. any person who is a member of a related group that controls the corporation,
    3. any person who is a relative of any person who controls the corporation, or
    4. any person who is a relative of any person who is a member of a related group that controls the corporation; or
  3. two corporations
    1. controlled by the same person, related group, or unrelated group,
    2. one of which is controlled by one person and that person is a relative of a person who controls the other corporation,
    3. one of which is controlled by one person and that person is a member of a related group that controls the other corporation,
    4. one of which is controlled by one person and that person is a relative of any member of a related group that controls the other corporation,
    5. one of which is controlled by one person and that person is a relative of each member of an unrelated group that controls the other corporation,
    6. one of which is controlled by a related group, a member of which is also a member of another related group that controls the other corporation,
    7. one of which is controlled by a related group, a member of which is a relative of any member of another related group that controls the other corporation, or
    8. one of which is controlled by a related group, each member of which is a relative of at least one member of another related group that controls the other corporation.

2. Notwithstanding section 1, for the purposes of this Notice to Importers, persons shall normally be deemed related to each other and to be related persons if they are not dealing with each other at arm's length in respect of the import, purchase and/or sale of the products covered by this Notice.

3. (1) For the purposes of this Notice to Importers:

3. (2) For the purposes of this Notice to Importers:

4. For the purposes of this Notice to Importers:

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