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CPTPP: Cheeses of all types TRQ - Serial No. 953

Date: October 1, 2019

This Notice replaces Notice to Importers No. 919 dated November 26, 2018 and sets out the policies and practices pertaining to the administration of Canada’s cheeses of all types tariff rate quota (TRQ) under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

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

Cheese means a product that is included in items 141 to 157 on the Import Control List (ICL), namely cheese falling under heading No. 04.06 in the list of tariff provisions set out in the Schedule to the Customs Tariff.

See the List of EIPA commodity codes for cheese.

2. Allocation policy

To be eligible to apply, you must be active in the Canadian cheese sector at the time of application, and must remain active throughout the quota year.

Note: You must, in addition, have been active in the cheese industry, specifically with respect to cheeses covered by this TRQ, throughout 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.

You must specify in your application the minimum quantity of quota you will accept. If your calculated allocation is less than 20,000 kg, you are issued an allocation only if the quantity you have specified in your application is equal to or lower than your calculated allocation.

3. Eligibility criteria

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

Processor

that manufactures cheese in your own provincially-licensed or federally-registered facility.

Distributor

that buys cheese and resells it to other businesses.

Note: Companies that procure or sell cheese on behalf of others without taking ownership of or financial responsibility for the products are not eligible to apply for an allocation.
Note: Retailers are not eligible to apply for an allocation. A retailer is an establishment that is primarily engaged in retailing food, and which buys cheese and sells it directly to final consumers.

4. Calculation of allocations

Processor:

85% is allocated to processors on a market share basis on the basis of the kilograms of cheeses of all types manufactured and subsequently sold by the processor in the reference period.

Distributor:

15% is allocated to distributors on an equal share basis.

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.
- Note: If you transfer any portion of your allocation, you are not eligible to receive transfers from other allocation holders during the year. If you receive a transfer, you are not eligible to transfer any portion of your allocation.
You may return any portion of your allocation to the Department in writing by the prescribed return date.

Note: Returned quantities are normally made available seven days after the return date to eligible allocation holders, who have not returned any portion of their allocation, in proportion to their initial allocation, or on demand if quantities still remain after the first offer.

If you use less than 95% 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

Date modified:: 2019-09-23

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