"the seller does not have the country of origin listed in the item specifics so the gsp system has no way of knowing that it was made in a NAFTA country"
NOT REQUIRED on all items [see below]
Based on "Casual Goods" [clause below] the GSP terms & condition's requirement to provide proof of origin and the collection of duty on qualified items would be a violation of NAFTA.
Casual Goods
31. Subsections 6(3) (NAFTA, CCFTA and CCRFTA) and 10(3) (CIFTA) of the Proof of Origin of Imported Goods Regulations provides that casual goods acquired in a free trade territory are exempt from the proof of origin requirements outlined in this Memorandum, where the casual goods are entitled to the benefit of a preferential tariff treatment pursuant to the appropriate Rules of Origin for Casual Goods Regulations. The origin of casual goods is based on the marking of the goods.
32. Casual goods may be goods accompanying an importer or traveller arriving in Canada, or they may be parcels addressed to individual recipients in Canada, provided they meet the definition of casual goods set out in regulations. Such goods are not intended for sale or for any industrial, occupational, commercial, institutional, or other like use. Further information respecting the entitlement of casual goods to the preferential tariff treatments under a free trade agreement, can be found inMemorandum D11-4-13, Rules of Origin for Casual Goods Regulations.
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