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Conditional Relief – Accurately Declaring the End Use of Your Imports Can Save You Duty

Here is another important piece of information for importers of goods into Canada: Certain dutiable goods can be brought into the country duty-free when the importer supplies attestations that the goods are being imported for specific end-uses. A certificate or record detailing the end use of the good must be furnished if requested. The normal record keeping requirements must be met.
 
Because the actual use of imported goods is often not realized until after importation, importers may file for duty refund once a qualifying end-use is determined.  To do so, CBSA allows importers to certify that the conditions for duty relief have been met by their end users. To qualify, an importer must make a formal claim to CBSA and provide the letter of attestation with additional supporting documentation to prove the end-use.
Conditional relief
 
The description for the end use of imported items must include distinctive wording that relates to the role(s) the good will fulfill. Examples of clauses demonstrating end-use are:
 
  • for use in the manufacture of...
  • for use by...
  • for use during...
  • for the repair or manufacture of...
For example: "Clippers for animals, FOR USE ON A FARM" or "Materials FOR USE IN THE MANUFACTURE OF passenger automobiles."
 
CBSA Memorandum D11-8-5 provides more detailed information regarding eligibility of goods for conditional relief.
 
What if the end use changes after conditional relief is granted?
 
If for any reason it turns out the eventual use of the goods does not meet the conditions specified, CBSA requires the importer to make a correction to the customs declaration and pay any duties owing. In addition, CBSA auditors can deny claims where importers can’t support the claim with documentation. Further penalties can also be levied for making a false claim.
 
If you sell the imported goods to another business, you must obtain records from that business verifying the use of the goods. They must notify you if the end-use of the goods subsequently changes.
 
Keep your business compliant and safe from penalties by understanding your obligations
 
Contact our Customs Consulting Department today to answer any questions regarding importation and record keeping requirements. If you find yourself subject to an audit where conditional relief is in question, our team can assist by representing you and protecting your interests throughout the audit process.
 
Contact us today!
 
Information provided by: Canadian Customs Consulting Dept. - Cole International