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MEMORANDUM D9-1-6
Locator Code 064B
Ottawa, January 1, 1998
SUBJECT
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.
Legislation
Tariff item 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
(o) 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,”
Regulations
REGULATIONS EXEMPTING GOODS
MANUFACTURED OR PRODUCED WHOLLY OR IN
PART BY PRISON LABOUR FROM
TARIFF ITEM NO. 9897.00.00
Short Title
1. These Regulations may be cited as the Prison Manufactured or Produced Goods Regulations.
General
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.
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.
Penalty Information
2. Section 135 of the Customs Tariff states, in part, that the importation of goods of tariff item No. 9897.00.00 is prohibited.
3. The Department draws the attention of importers/owners to sections 36, 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 135 of the Customs Tariff.
References
ISSUING OFFICE –
Customs and Trade Administration Branch
LEGISLATIVE REFERENCES –
Customs Tariff , section 135 and tariff item No. 9897.00.00
Bill C-11
Customs Act, sections 36, 101, 102, and 142
HEADQUARTERS FILE –
Tariff code 9960 and tariff item No. 9897.00.00
SUPERSEDED MEMORANDA “D” –
D9-1-6, January 1, 1988
OTHER REFERENCES –
N/A
