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Trade Agreement between the Government of Canada and the Government of the Commonwealth of Australia [1960] CATSer 3 (30 June 1960)

E102918 - CTS 1960 No. 9

TRADE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA

The Government of Canada (hereinafter referred to as the Canadian Government) and the Government of the Commonwealth of Australia (hereinafter referred to as the Australian Government), desiring to increase the trade between their respective countries, have agreed as follows:

ARTICLE I

1. Subject to the provisions of the Customs laws and regulations of Canada, except as otherwise provided in this Agreement, the Canadian Government grants:

(a) to goods specified in Schedule A, being the growth, produce or manufacture of Australia, when imported into Canada;

(i) rates of duty no higher than those set forth in Schedule A or the tariff treatment provided for in that Schedule, provided that the rates of duty on such goods shall in no case be higher than the rates chargeable on like goods imported from any other country;

(ii) the minimum margins of preference set forth in Schedule A;

(b) to all other goods, being the growth, produce or manufacture of Australia, when imported into Canada, the benefits of the British Preferential Tariff.

2. The margins of preference specified in Schedule A relate to the differences between the rates of duty applicable to goods, being the growth, produce or manufacture of Australia, and the rates of duty applicable to like goods entitled to entry under the Most-Favoured-Nation Tariff of Canada.

ARTICLE II

1. Subject to the provisions of the Customs laws and regulations of the Commonwealth of Australia, except as otherwise provided in this Agreement, the Australian Government grants:

(a) to goods specified in Part I of Schedule B, being the growth, produce or manufacture of Canada, when imported into Australia;

(i) rates of duty no higher than those set forth in Part I of Schedule B, or the tariff treatment provided for in that Part of the Schedule;

(ii) the minimum margins of preference set forth in Part I of Schedule B;

(b) to all other goods, except those listed in Part II of Schedule B, being the growth, produce or manufacture of Canada, when imported into Australia, the benefits of the British Preferential Tariff.

2. The margins of preference specified in Part I of Schedule B relate to the differences between the rates of duty applicable to goods, being the growth, produce or manufacture of Canada, and the rates of duty applicable to like goods imported from countries entitled to Most-Favoured-Nation Tariff treatment in Australia.

ARTICLE III

1. Notwithstanding the provisions of Articles I and II should either Government, in order to implement a recommendation of its Tariff Board, wish to apply a rate of duty to the goods of the other country in excess of that provided for under the terms of those Articles, it shall enter into consultations with the other Government for the purpose of seeking a mutually satisfactory adjustment.

2. It is agreed that consultations as provided for in paragraph 1 of this Article shall commence within a period of thirty days after a request for consultations has been made.

3. In any such consultations the initiating Government shall, as far as practicable, offer substantially equivalent concessions in place of the concession which is the subject of the consultation.

4. In the event that agreement cannot be reached within a period of ninety days after the commencement of consultations the initiating Government shall nevertheless be free to withdraw the concession.

5. If a concession is withdrawn by one Government in accordance with paragraph 4 of this Article, the other Government shall be free to withdraw substantially equivalent concessions.

ARTICLE IV

1. The tariff advantages provided for in clause (a) of paragraph 1 of Article I shall apply only to goods imported direct into Canada, except in special cases where goods are shipped from Australia to Canada on a through bill of lading and the Australian Government certifies that direct shipment to Canada of such goods is not reasonably practicable.

2. Notwithstanding the provisions of the Customs laws and regulations of Canada or the other provisions of this Agreement, dried currants and raisins that are the growth or produce of Australia and that are not imported into Canada in the manner provided for in paragraph 1 of this Article shall be subject to the rates of duty set forth in the Most-Favoured-Nation Tariff of Canada.

3. The tariff advantages provided for in paragraph 1 of Article II shall apply only to goods that have been shipped from Canada to Australia and have not been transhipped or, if transhipped, then only if it is proved to the satisfaction of the Collector of Customs that the intended destination of the goods when originally shipped from Canada was Australia.

ARTICLE V

In determining the value for duty of goods the growth, produce or manufacture of Canada or Australia, no greater amount of inland freight charges shall be included in such value for duty than the actual amount of freight charges that would be incurred if the goods were forwarded from the point of origin of such goods to the nearest point of exit from the exporting country.

ARTICLE VI

1. Australian goods imported into Canada shall not be subject to the provisions of Section 6 of the Customs Tariff of Canada.

2. Canadian goods imported into Australia shall not be subject to the provisions of Sections 4 and 5 of the Australian Customs Tariff (Industries Preservation) Act 1921-1957.

3. If either Government considers that any product is being imported from the other country under such conditions as to cause material injury to producers of like or directly competitive products in the country of importation, the two Governments shall after notice has been given in writing, consult together to consider measures to prevent further injury.

4. If a mutually satisfactory solution does not result within sixty days from the commencement of these consultations the relevant provisions of paragraph 1 or 2 of this Article shall not apply to the product specified in the notice.

ARTICLE VII

1. Notwithstanding the provisions of Article II of this Agreement, the Australian Government may admit goods under By-law items of the Australian Customs Tariff.

2. Where the admission of goods under By-law has the effect of eliminating a minimum margin of preference accorded to Canada on goods specified in Part I of Schedule B, the Australian Government will afford the Canadian Government opportunity to consult and will take into account any representations which that Government may make. This undertaking shall not limit the right of the Australian Government to determine whether any particular goods shall be admitted under By-law.

ARTICLE VIII

1. The Canadian Government and the Australian Government shall consult together, at the request of either, regarding the operation of this Agreement or of any provision thereof.

2. The two Governments recognize that matters not otherwise dealt with in this Agreement, including instability in international trade in basic primary products, shipping problems and non-tariff obstacles to trade, such as agricultural protectionism, import restrictions, surplus disposal transactions, other non-commercial trading practices and export subsidies, may have a material effect on their trade. The two Governments shall consult together about any such matters at the request of either.

3. The two Governments shall establish the consultative procedures necessary to achieve the purposes of this Article.

ARTICLE IX

1. This Agreement shall be ratified and shall enter into force on the date of exchange of instruments of ratification.

2. On the entry into force of this Agreement the Trade Agreement between the two Governments, signed on 5th June, 1931 in Ottawa and on 8th July, 1931 in Canberra, shall cease to have effect.

3. This Agreement shall remain in force for a period of three years from the date of its entry into force and thereafter until six months from the day on which either Government shall have given written notice to the other Government of its intention to terminate the Agreement.

IN WITNESS WHEREOF the representatives of the two Governments, duly authorized for the purpose, have signed the Agreement.

DONE in duplicate at Canberra, Australia, this twelfth day of February 1960.

Terence W. L. MacDermot

FOR THE GOVERNMENT OF CANADA

John McEwen

FOR THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA

SCHEDULE A

SCHEDULE B

PART I

SCHEDULE B

PART II

Goods covered by the following items of the Australian Customs Tariff 1933-1959.