Administrative Monetary Penalty System
C223

Contravention

Non Customs Self Assessment (CSA) importer failed to provide a detailed product description in respect of goods liable for review under the Special Import Measures Act (SIMA), after the importer has been notified in writing.

Penalty

Occurrence Penalty
1st $500
2nd $750
3rd and subsequent $1,500
Penalty basis
Per document
Retention period
36 months

Guidelines

Non-compliance occurs when non-CSA importer fails to provide a detailed product description in respect of goods liable for review under the Special Import Measures Act (SIMA) after the importer has been notified in writing.

Applied against the importer.

SIMA Compliance Officers and Senior Enforcement and Appeals Officers are authorised to apply this penalty.

The penalty cannot be issued unless the importer had been notified in writing by the Anti-dumping and Countervailing Directorate that detailed product description is required.

The importer will have 10 days after issuance of the letter or, Detailed Adjustment Statement (DAS), to provide the subsequent import documents requested by the SIMA officer.

More time can be negotiated, depending on the circumstances.

The Trade and Anti-dumping Programs Directorate will identify the information required in the notice letter to the importer and it may vary by case.

Verify that the importer has been notified regarding the product description requirements (letter or DAS) by referring to the SIMA compliance case file found in Apollo.

For the first B3, apply the first level penalty; for the second B3, apply the second level penalty; for the third and subsequent B3, apply the third level penalty.

Apply a penalty per document, i.e. per B3 or B2.

For CSA importer, see C224.

References

Legislation

Customs Act, section 7.1

D-Memo

D17-1-10, Coding of Customs Accounting Documents

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