Goods Imported by Designated Foreign Countries, Military Service Agencies and Institutions - Tariff Item No. 9810.00.00

Memorandum D21-3-1

Ottawa, December 30, 1998


This memorandum outlines and explains the provisions of tariff item No. 9810.00.00 of the Customs Tariff.


Legislation

Tariff item No. 9810.00.00 reads:

Arms, military stores, munitions of war and other goods the property of and to remain the property of a foreign country designated by the Governor in Council; Goods consigned to military service agencies and institutions designated by the Governor in Council where the goods are for the personal use of or consumption by nationals of countries designated under this item who are employed in defence establishments of those countries in Canada.

Customs Tariff, Part 4, paragraph 132.(1)(g) reads as follows:

132.(1) The Governor in Council may, on the recommendation of the Minister, make regulations

(g) for the purposes of tariff item No. 9810.00.00,

(i) designating institutions, foreign countries and military service agencies, and

(ii) withdrawing privileges from persons or classes of persons who are referred to in that tariff item and are from a country that refuses to grant corresponding privileges;

Regulations

Goods Imported by Designated Foreign Countries, Military Service Agencies and Institutions - Tariff Item No. 9810.00.00 Regulations

Interpretation

1. The definitions in this section apply in these Regulations.

"designated"
means designated pursuant to paragraph 132(1)(g) of the Customs Tariff. (désigné)
"goods"
means goods described in tariff item No. 9810.00.00. (marchandises)

Conditions

2. Where goods are imported by a designated foreign country, the importer shall furnish to an officer, at the time of importation, a certificate in the form set out in Schedule 1, completed in English or French and signed by an official authorized by the foreign country.

3. Where goods are imported and consigned to a designated military service agency or institution, the importer shall furnish to an officer, at the time of importation, a certificate in the form set out in Schedule 2, completed in English or French and signed by an official authorized by that agency or institution.

Coming Into Force

4. These Regulations come into force January 1, 1998.

Schedule 1 (Section 2)

I certify that the articles and materials described in this certificate or in invoice No. (number) are being imported by or on behalf of (name of designated government department, agency, office or military unit)
and are to remain the property of the government of (name of designated foreign country) and are not for (resale, gift or other distribution).

  • Name and title of authorized official
  • Telephone and fax numbers
  • Signature and date (day/month/year)

Schedule 2
(Section 3)

I certify that the articles and materials described in this certificate or in invoice No. (number) are being imported on behalf of (name of designated foreign country) by (name of designated military service agency or institution) for the personal use of or consumption by nationals of that country who are employed in defence establishments of that country in Canada.

  • Name and title of authorized official
  • Telephone and fax numbers
  • Signature and date (day/month/year)

Order designating certain countries and military service agencies for the purposes of Tariff Item No. 9810.00.00

1. The following countries are designated for the purposes of tariff item No. 9810.00.00 of the Customs Tariff:

  • Australia
  • Belgium
  • Denmark
  • France
  • Germany
  • Ghana
  • Greece
  • Iceland
  • India
  • Italy
  • Jamaica
  • Luxembourg
  • Netherlands
  • New Zealand
  • Norway
  • Pakistan
  • Portugal
  • Sri Lanka
  • Trinidad and Tobago
  • Turkey
  • United Kingdom
  • United States of America

2. The following military service agencies are designated for the purposes of tariff item No. 9810.00.00 of the Customs Tariff:

(a) German Air Force Tactical Training Command, Goose Bay, Labrador, Newfoundland

(b) Post Exchanges - AC & W Sites authorized by the Minister of National Revenue

(c) Royal Air Force Detachment, Goose Bay, Labrador, Newfoundland

(d) United States Military Services Agencies at Goose Bay Airport, Labrador, Newfoundland

(e) United States Property Accountability Office, Headquarters ADC Detachment No. 1, Ottawa, Ontario

Coming Into Force

3. This Order comes into force on January 1, 1998.


Guidelines and General Information

Tobacco Products

1. Individual members of a Visiting Force, including civilian employees and dependants, are entitled to tobacco products on a monthly quota basis, i.e., 1,000 cigarettes, 100 cigars, or 2 lbs. of tobacco per person under tariff item No. 9810.00.00.

2. The quota for tobacco products is extended to dependants 18 years of age and over (in some provinces, 19 is the required age) and the release of these products requires that:

(a) in the case of importation on behalf of a unit , the Regional Chief Officer of customs will be advised of the name and rank of the authorized officer designated by the Visiting Force authority to make such importation along with the number of persons, including dependants, on whose behalf he will be authorized to import;

(b) where no unit exists , importations by individual members of a force will be on the basis of an individual authorization in their favour signed by the authorized representative of the force and limited to importations for the individuals and their dependants. Letters of authorization, signed by the Visiting Force authority, will contain the names of the dependants and are to be in the possession of the individual so authorized for presentation to customs. These letters of authorization are subject to renewal the first day of April each year.

Importation of Other Goods for Personal Use

3. Refer to Memorandum D21-4-3, Visiting Forces Personnel - Tariff Item No. 9827.00.00, for information on goods imported by members of Visiting Forces for personal or household use.

NORAD Films, Slides, and Recordings

4. Films, slides, and recordings, the property of the United States Government, are often dispatched from NORAD Headquarters to various radio and television stations in Canada for broadcasting in connection with NORAD activities. Classification under tariff item No. 9810.00.00 requested by the broadcasting station concerned will be accepted provided, in each instance, an exemption certificate in the following form is presented to customs at the time of accounting for the goods:

I certify that the articles and materials herein referred to are imported on behalf of the United States Air Force (NORAD) in Canada and are to remain the property of the Government of the United States and are not for resale or gift.

Signed by Authorized Representative of NORAD

5. At the time of return of the articles and materials to the United States, it will be the responsibility of the broadcasting station to prepare Form B13A, Export Declaration, for presentation to customs at the point of departure from Canada.

Joint Waterfowl Surveys

6. Vehicles and equipment imported by the United States Bureau of Sport Fisheries and Wildlife on joint waterfowl surveys with the Canadian Wildlife Service of Environment Canada are to be admitted on Form E29B, Temporary Admission Permit, without payment of security. Consumable goods for use in the survey which are owned by the United States Bureau will be admissible under tariff item No. 9810.00.00, free of customs duty and goods and services tax, on Form B3, Canada Customs Coding Form, with the officer in charge of the party signing the requisite certificate as the authorized representative of the United States Government.

7. Wildlife officers engaged in joint waterfowl surveys will carry letters of identification issued by the Director, United States Bureau of Sport Fisheries and Wildlife.

United States Preclearance Offices at Airports

8. Goods for official use imported for the United States Customs, Immigration, and Agriculture preclearance offices located at various airports in Canada are classified under tariff item No. 9810.00.00, provided that a signed certificate as shown under Schedule 1, accompanies Form B3.

Canadian Government Importation

9. Goods purchased by Canadian government departments, Canadian government agencies, or Canadian armed forces are not eligible for importation under tariff item No. 9810.00.00

References

Issuing office:
Trade Policy and Interpretation Directorate
Headquarters file:
HS 9810.00
Legislative references:
Customs Tariff, tariff item No. 9810.00.00
Customs Tariff
, Part 4, paragraph 132.(1)(g)
Order in Council P.C. 19972029, December 29, 1997 Order in Council
P.C. 19972011, December 29, 1997
Other references:
D21-3-1, January 1, 1991
Superseded memorandum D:
Visiting Forces Act
Privileges and Immunities (NATO) Act

D9-1-11, D21-4
Date modified: