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IMPORTING ALUMINUM TO CANADA?

GAC PERMIT REQUIREMENTS: MORE THAN MEETS THE EYE

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In a major development for importers of aluminum products, Canada is strengthening reporting requirements for aluminum imports under General Import Permit No. 83 (“GIP 83”) via a recently published Notice to Importers (the “Notice”).

In this Industry Report, we provide some background on GIP 83 and review the new requirements outlined in the Notice and what that means for importers of aluminum moving forward.

Background – GIP 83

The Minister of Foreign Affairs (the “Minister”) initially issued GIP 83 under subsection 8(1.1) of the Export and Import Permits Act (“EIPA”) on September 1, 2019.

GIP 83 relates to the addition of certain aluminum products to the Import Control List (“ICL”), which facilitates Canada's monitoring of aluminum trade, which Canada agreed to do following trade discussions with the United States (“US”) and the issuance of a Joint Statement regarding US 232 tariffs on steel and aluminum.

Accordingly, since September 2019, importers of aluminum products subject to GIP 83 have had to abide by certain documentary and record-keeping requirements, including ensuring the accuracy of certain specified information in importer documentation – while also citing their use of GIP 83 as outlined in the Canada Border Services Agency’s (“CBSA”) Customs Notice 19-20.

The Notice – New Requirements for GIP 83

Under the Notice, Canadian importers of aluminum (or Customs Brokers if the importer is a non-resident) will be required to provide the following information to the CBSA, starting October 1, 2026:

1. For goods containing Primary Aluminum, the country of largest smelt, and, if any, the country of second-largest smelt.
   
   
2. The country of most recent cast for all goods under GIP 83.

These new requirements do not apply if the total value of the imported goods covered by GIP 83 is below $5,000, or if the importer is a Customs Self-Assessment (“CSA”) importer in respect of goods released under a CSA service option.

Records & Audits

Under the rules, all importer of aluminum goods under GIP 83 are required to retain documents and records containing the information specified in GIP 83 for a period of at least six (6) years following the importation.

Moreover, Global Affairs Canada (“GAC”) has the authority to request and inspect any of the said records for the purposes of determining the country of origin, country of largest smelt and country of most recent cast. Importers must provide records within 10 days of a GAC request and have an ongoing obligations to provide all reasonable assistance to GAC in the course of inspections.

Why Do I Care?

Failure to abide by the terms and conditions of GIP 83, including the new requirements outlined in the Notice, can result in the CBSA imposing Administrative Monetary Penalties. Worse still, a prosecution for an offence under EIPA, which is punishable by imprisonment, is also a possibility! Complying with these new requirements is a must moving forward, and Experienced International Trade Counsel can assist any GAC or CBSA audits or inspections for GIP 83 compliance.

For help with GIP 83 import requirements, please click here.