Klarinet Archive - Posting 000195.txt from 2003/01

From: "Steve Fleckenstein" <spfleck@-----.net>
Subj: Re: [kl] RE: Chinese Clarinets
Date: Thu, 9 Jan 2003 07:34:27 -0500

Let me explain in detail.

Four buses full of high school band kids from NY head to Toronto to play in
a music festival for 3 days.
Each of the four buses are full of fairly new instruments. The band members
are told to fill out a sheet with each instruments make model and serial
number to be presented to Canadian Customs before crossing the border. It is
suggested that this is done because of a significant difference in prices
for instruments in Canada vs the USA. Perhap the following info , from
http://www.canlii.org/ca/regu/sor89-427/part90360%2Ehtml is part of the
reason..

So you smart guys tell me why this was necessary or was it just paranoia of
the music department.

The document below makes me suspect some sort of minimal proof was required
to comply with the following requlation.

-----------------------------------

Temporary Importation (Excise Levies and Additional Duties) Regulations

SOR/89-427

CUSTOMS TARIFF

Temporary Importation (Excise Levies and Additional Duties) Regulations

REGULATIONS RESPECTING RELIEF FROM PAYMENT OF DUTIES ON CERTAIN GOODS
IMPORTED TEMPORARILY INTO CANADA AND SUBSEQUENTLY EXPORTED

Temporary Importation (Excise Levies and Additional Duties) Regulations

INTERPRETATION

2. In these Regulations,

"Act" means the Customs Tariff; (Loi)

"carnet" means an A.T.A. (Admission Temporaire-Temporary Admission) carnet
referred to in the Customs Convention on the A.T.A. Carnet for the Temporary
Admission of Goods; (carnet)

"duties" mean any duty imposed under section 21 of the Act or any duty or
tax imposed under the Excise Act or the Excise Tax Act (other than tax
imposed under Part IX of that Act); (droits)

"former Act" has the meaning assigned by section 137 of the Act. (ancienne
loi) SOR/98-28, s. 4.

Temporary Importation (Excise Levies and Additional Duties) Regulations

RELIEF FROM THE PAYMENT OF DUTIES

3. Subject to sections 4 to 6, relief shall be granted

(a) from payment of all duties paid or payable on goods set out in Column I
of an item of the schedule, used in Canada solely for the purposes and on
the conditions set out in that item and identified as belonging to Class 1
in Column II of that item; and

(b) from payment of the portion of duties paid or payable on goods set out
in Column I of an item of the schedule, used in Canada solely for the
purposes and on the conditions set out in that item and identified as
belonging to Class 2 in Column II of that item, equal to the amount of
duties paid or payable on the goods minus the greater of

(i) $25, and

(ii) the amount of duties paid or payable on 1/60 of the value for duty of
the goods multiplied by each month or part thereof that the goods remain in
Canada.

Temporary Importation (Excise Levies and Additional Duties) Regulations
APPLICATION FOR RELIEF
Temporary Importation (Excise Levies and Additional Duties) Regulations
CONDITIONS

5. (1) Relief from the payment of duties provided pursuant to section 3
shall be granted on condition that

(a) the goods are used in Canada solely for the purpose and on the
conditions set out in the schedule with respect to those goods;

(b) where the goods are not goods referred to in any of paragraphs (c) to
(g), they are exported by their importer within a year after the date the
goods were released;

(c) where the goods are set out in Column I of item 8 of the schedule, they
are exported by their importer within a period not exceeding 24 months after
the date the goods were released;

(d) where the goods are set out in Column I of item 31 of the schedule, they
are exported by their importer within a period not exceeding six months
after the date the goods were released;

(e) where the goods are set out in Column I of item 56 of the schedule, they
are exported by their importer within a period not exceeding 30 days after
the date the goods were released;

(f) where the goods are covered by a carnet, the date of expiration of which
is before the end of any period referred to in paragraphs (b) to (e), the
goods are exported by their importer by the date of expiration of the
carnet, unless security that is valid for the remainder of the period during
which those goods are in Canada is provided in accordance with section 6 to
secure payment in full of duties that would otherwise be payable in respect
of those goods; and

(g) where the goods are covered by a carnet, the date of expiration of which
is after any period referred to in paragraphs (b) to (e), the goods are
exported by their importer within the period referred to in paragraphs (b)
to (e).

(2) For the purposes of subsection 106(4) of the Act, the Minister may
extend the periods referred to in paragraphs (1)(b), (c), (f) and (g) in
respect of the goods set out in the schedule. SOR/94-371, s. 1; SOR/98-28,
s. 6.

Temporary Importation (Excise Levies and Additional Duties) Regulations

------------------------------

33.
Musical instruments when imported by non-residents for their use in
recording sessions or during live performances.

1

34.
Equipment imported by non-residents for their use in recording performances
by artists in Canada, when the recordings will be distributed
internationally

   
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