Customs Notice CN09-003

March 17, 2009

Extension of Most-Favoured-Nation Tariff to Libya

1. On January 29, 2009, the Most-Favoured-Nation (MFN) tariff treatment was extended to Libya. Goods originating in Libya that are accounted for pursuant to subsections 32(1), (2) or (5) of the Customs Act, on or after January 29, 2009, will be eligible for the MFN tariff rate, provided that:

1. the goods meet the origin provisions set forth in the Most-Favoured-Nation Tariff Rules of Origin Regulations; and
2. the goods have been shipped directly to a consignee in Canada, with or without transhipment, from a country that is a beneficiary of the MFN tariff.

2. An Order-in-Council has been approved to extend the MFN tariff treatment to Libya. Order-in-Council P.C. 2009-129, SOR/2009-24, entitled Order Amending the Schedule to the Customs Tariff (Extension of Most-Favoured-Nation Tariff to Libya) can be found in Part II of the Canada Gazette, dated February 18, 2009. It can be located at the following website:

http://gazette.gc.ca/rp-pr/p2/2009/2009-02-18/html/sor-dors24-eng.html

3. For more detailed information, refer to the following Departmental Memoranda: D11-4-3, Rules of Origin Respecting the Most-Favoured-Nation, and D11-4-2, Proof of Origin. Furthermore, Memorandum D11-4-3, Rules of Origin Respecting the Most-Favoured-Nation Tariff, will be revised in the future to reflect this change.

4. Where goods have been accounted for under the General Tariff on or after January 29, 2009, the importer may submit a request for refund under paragraph 74(1)(e) of the Customs Act for the difference between the rate of duty paid under the General Tariff and the rate of duty applied under the MFN.

5. For more information regarding this notice, please contact:
Diane Plante
Admissibility Branch
Canada Border Services Agency
Ottawa ON K1A 0L8
Telephone: 613-957-4351
E-Mail: diane.plante@cbsa-asfc.gc.ca