WTO: Products of Natural Milk Constituents TRQ - Serial No. 965

Date: October 1, 2019

This Notice replaces Notice to Importers No. 891 dated September 30, 2016, 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 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

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 or 0404.90.20 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

• Individual applicants and related person applicants are eligible for only one allocation.
• Note: All applicants must provide a list of related persons.
• If the cumulative requests made by eligible applicants exceed the quantity available, allocations are based on an equal share of the quota, or the quantity requested by the applicant, whichever is lower.
• You must provide the percentage of protein contained in the product you intend to import.

3. Eligibility criteria

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

• processor or further processor that can demonstrate a requirement for milk protein concentrate or other products of natural milk constituents (e.g. blends of products of natural milk constituents) in your manufacturing operations and product formulations.

4. Calculation of allocations

Users of milk protein concentrates:

• Your allocation equals the quantity requested in your application, adjusted as necessary (e.g., for under-utilization).
• Note: If the cumulative amount requested by eligible applicants exceeds the amount available for allocation to users of milk protein concentrates, then you are allocated the amount you have requested, or an equal share, whichever is lower.

Users of other products of natural milk constituents:

• If there is any quota remaining, your allocation equals the quantity requested in your application, adjusted as necessary (e.g., for under-utilization).
• Note: If the cumulative amount requested by eligible applicants exceeds the amount available for allocation to users of other products of natural milk constituents, then you are allocated the amount you have requested, or an equal share, whichever is lower.

5. Utilization, return and under-utilization of allocations

• You may return any portion of your allocation to the Department in writing by the prescribed return date.
  • Note: Returned quantities are reallocated to applicants who can demonstrate before the return deadline that they meet the eligibility criteria.
  • Note: The quantity reallocated to each eligible applicant is the lower of the quantity requested by the applicant or an equal share.
• 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 return in accordance with the present policy is considered to have been used.

6. Related links

• General Information on the Administration of Import Tariff Rate Quotas (TRQs) for Supply Managed Products
• Key dates and access quantities
• Information on related persons
• How to apply for an allocation
  • Application form
• How to apply for an import permit
• Allocation transfer request form
• Contact us