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CPTPP: Products of Natural Milk Constituents TRQ - Serial No. 961

Date: October 1, 2019

This Notice replaces Notice to Importers No. 930 dated November 26, 2018, and sets out the policies and practices pertaining to the administration of Canada’s tariff rate quota (TRQ) for products of natural milk constituents 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

Products of natural milk constituents means products that are included in item 125 on the Import Control List (ICL), namely products of natural milk constituents falling under heading Nos. 0404.90.10 in the list of tariff provisions set out in the Schedule to the Customs Tariff.

Refer to the List of EIPA commodity codes for products of natural milk constituents for specific product codes.

2. Allocation policy

To be eligible to apply, you must be active in the products of natural milk constituents industry at the time of application, and must remain active during the quota year.

Note: You must, in addition, have been active in the products of natural milk constituents industry 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.

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 and calculations of allocations

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

Processor

that manufactures products of natural milk constituents in your own provincially-licensed or federally-registered facility.

Further processor

that uses products of natural milk constituents in your manufacturing operations and product formulations.

Distributor

that buys products of natural milk constituents and re-sells it to other businesses.

Note: Companies that procure or sell products of natural milk constituents on behalf of others without taking ownership of or financial responsibility for the product 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 products of natural milk constituents and sells it directly to final consumers.

4. Calculation of allocations

Processors

80% is allocated to processors on a market share basis based on the kilograms of products of natural milk constituents manufactured and subsequently sold by the processor during the reference period.

Further processors

10% is allocated to further processors on a market share basis based on the kilograms of products of natural milk constituents used in the manufacturing of food products and subsequently sold by the further processor during the reference period.

Distributors

10% 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 initial 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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