Definition
For the purposes of this Agreement and unless otherwise specified:
administrative ruling of general application means an administrative ruling or
interpretation that applies to all persons and fact situations that fall generally within its ambit
and that establishes a norm of conduct but does not include:
(a) a determination or ruling made in an administrative or quasi-judicial
proceeding that applies to a particular person, good or service of the other Party
in a specific case; or
(b) a ruling that adjudicates with respect to a particular act or practice;
Agreement on Agriculture means the Agreement on Agriculture, contained in Annex 1A to
the WTO Agreement;
agricultural good means a product listed in Annex 1 to the Agreement on Agriculture;
Anti-dumping Agreement means the Agreement on Implementation of Article VI of the
General Agreement on Tariffs and Trade 1994, contained in Annex 1A to the WTO
Agreement;
CETA contact points means the contact points established under Article 26.5 (CETA contact
points);
CETA Joint Committee means the CETA Joint Committee established under Article 26.1
(The CETA Joint Committee);
CPC means the provisional Central Product Classification as set out in Statistical Office of
the United Nations, Statistical Papers, Series M, N° 77, CPC prov, 1991;
cultural industries means persons engaged in:
(a) the publication, distribution or sale of books, magazines, periodicals or
newspapers in print or machine-readable form, except when printing or
typesetting any of the foregoing is the only activity;
(b) the production, distribution, sale or exhibition of film or video recordings;
(c) the production, distribution, sale or exhibition of audio or video music
recordings;
(d) the publication, distribution or sale of music in print or machine-readable form;
or
(e) radio-communications in which the transmissions are intended for direct
reception by the general public, and all radio, television and cable broadcasting
undertakings and all satellite programming and broadcast network services;
customs duty means a duty or charge of any kind imposed on or in connection with the
importation of a good, including a form of surtax or surcharge imposed on or in connection
with that importation, but does not include:
(a) a charge equivalent to an internal tax imposed consistently with Article 2.3
(National treatment);
(b) a measure applied in accordance with the provisions of Articles VI or XIX of
the GATT 1994, the Anti-dumping Agreement, the SCM Agreement, the
Safeguards Agreement, or Article 22 of the DSU; or
(c) a fee or other charge imposed consistently with Article VIII of the GATT
1994;
Customs Valuation Agreement means the Agreement on Implementation of Article VII of
the General Agreement on Tariffs and Trade 1994, contained in Annex 1A to the WTO
Agreement;
days means calendar days, including weekends and holidays;
DSU means the Understanding on Rules and Procedures Governing the Settlement of
Disputes, contained in Annex 2 to the WTO Agreement;
enterprise means an entity constituted or organised under applicable law, whether or not for
profit, and whether privately or governmentally owned or controlled, including a corporation,
trust, partnership, sole proprietorship, joint venture or other association;
existing means in effect on the date of entry into force of this Agreement;
GATS means the General Agreement on Trade in Services, contained in Annex 1B to the
WTO Agreement;
GATT 1994 means the General Agreement on Tariffs and Trade 1994, contained in Annex
1A to the WTO Agreement;
goods of a Party means domestic products as these are understood in the GATT 1994 or such
goods as the Parties may decide, and includes originating goods of that Party;
Harmonized System (HS) means the Harmonized Commodity Description and Coding
System, including its General Rules of Interpretation, Section Notes, Chapter Notes and
subheading notes;
heading means a four-digit number or the first four digits of a number used in the
nomenclature of the HS;
measure includes a law, regulation, rule, procedure, decision, administrative action,
requirement, practice or any other form of measure by a Party;
national means a natural person who is a citizen as defined in Article 1.2, or is a permanent
resident of a Party;
originating means qualifying under the rules of origin set out in the Protocol on Rules of
Origin and Origin Procedures;
person means a natural person or an enterprise;
person of a Party means a national or an enterprise of a Party;
preferential tariff treatment means the application of the duty rate under this Agreement to
an originating good pursuant to the tariff elimination schedule;
Safeguards Agreement means the Agreement on Safeguards, contained in Annex 1A to the
WTO Agreement;
sanitary or phytosanitary measure means a measure referred to in Annex A, paragraph 1 of
the SPS Agreement;
SCM Agreement means the Agreement on Subsidies and Countervailing Measures,
contained in Annex 1A to the WTO Agreement;
service supplier means a person that supplies or seeks to supply a service;
SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary
Measures, contained in Annex 1A to the WTO Agreement;
state enterprise means an enterprise that is owned or controlled by a Party;
subheading means a six-digit number or the first six digits of a number used in the
nomenclature of the HS;
tariff classification means the classification of a good or material under a chapter, heading or
subheading of the HS;
tariff elimination schedule means Annex 2-A (Tariff elimination);
TBT Agreement means the Agreement on Technical Barriers to Trade, contained in Annex
1A to the WTO Agreement;
territory means the territory where this Agreement applies as set out under Article 1.3;
TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property
Rights, contained in Annex 1C to the WTO Agreement;
Vienna Convention on the Law of Treaties means the Vienna Convention on the Law of
Treaties, done at Vienna on 23 May 1969;
WTO means the World Trade Organization; and
WTO Agreement means the Marrakesh Agreement Establishing the World Trade
Organization, done on 15 April 1994.