June 5, 2012
The following changes have been made to accurately reflect the Canada Border Services Agency (CBSA) role in administering the provisions of the Customs Tariff:
- a. New terminology is used to reflect changes in organizational structure of the CBSA.
- b. The legislative section has been updated to show the relevant sections of the Customs Tariff.
Goods Manufactured or Produced Wholly or in Part by Prison Labour
This memorandum outlines and explains the provision of tariff item No. 9897.00.00 which prohibits the importation into Canada of goods manufactured or produced wholly or in part by prison labour.
Tariff item No. 9897.00.00 reads, in part: "Goods manufactured or produced wholly or in part by prison labour."
Section 132 (1) of the Customs Tariff provides that:
"The Governor in Council may, on the recommendation of the Minister, make regulations
(m) for the purposes of tariff item No. 9897.00.00
- i. amending that tariff item to exclude goods manufactured or produced wholly or in part by prison labour from that tariff item, or prescribing the conditions under which such goods may be excluded from that tariff item,"
Section 136. (1) The importation of goods of tariff item No. 9897.00.00, 9898.00.00 or 9899.00.00 is prohibited.
(2) Subsection 10 (1) does not apply in respect of goods referred to in subsection (1).
Guidelines and General Information
1. Examples of the most common goods manufactured by prison labour include items such as bicycles, garbage bags, recordings, souvenirs, leather goods, and wood products.
2. Goods manufactured or produced wholly or in part by prison labour are exempted from the provisions of tariff item No. 9897.00.00 when imported by
- a. a non-resident of Canada, or
- b. a resident of Canada returning from abroad,
solely for his personal use and not for sale or for any business or occupational use. All other goods manufactured or produced wholly or in part by prison labour are prohibited. When goods are classified under tariff item 9897.00.00, the importer has the opportunity to appeal the classification as prohibited, to re-export the goods or to abandon the goods.
3. The attention of importers/owners is drawn to sections 36, 99, 101, 102, and 142 of the Customs Act, respecting abandonment, detention, and exportation of goods which are prohibited by virtue of the provisions of section 136 of the Customs Tariff.
4. For more information, within Canada call the Border Information Service at 1-800-461-9999. From outside Canada call 204-983-3500 or 506-636-5064. Long distance charges will apply. Agents are available Monday to Friday (08:00 – 16:00 local time/except holidays). TTY is also available within Canada: 1-866-335-3237.
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