Canada

Canada does not have a single customs duty or tariff rate for all imports. Over the years, Canada has entered into a number of free trade agreements.  A tariff rate code is assigned for every free trade agreement partner because tariff elimination commitments and tariff reduction schedules cause applicable tariff rates to be different from the MFN (most-favoured nation) tariff rate that Canada agreed to at the World Trade Organization.  The Canada-European Union Comprehensive Economic and Trade Agreement comes into effect on September 21, 2017.  As a result, of the new free trade agreement, a new tariff rate code has been announced on September 14, 2017.

The Tariff Rate Code (also known as “Tariff Code”) is put in Box 28 of the B3 Canada Customs Coding Form.  It is important to know what Tariff Code is applicable – otherwise, you may pay too much or too little customs duties to the Government of Canada.  Since goods and services tax (“GST”) and harmonized sales tax (“HST”) (where applicable) is charged on top of a customs duties included price, you would also pay too much or too little GST/HST.  You want to pay the right amount of customs duties and GST/HST so that the Canada Border Services Agency (“CBSA”) does not impose administrative monetary penalties (“AMPs”).  Customs duties are calculated as follows:

value for duty  X  applicable tariff rate (which aligns with a tariff rate code)

The following table sets out Canada’s Tariff Code categories under the Customs Tariff (Canada) and the CBSA reporting codes as at September 14, 2017:

For more information, please contact Cyndee Todgham Cherniak at 416-307-4168 or a Cyndee@lexsage.com.  More information about Canada’s customs laws may be found on the LexSage website.