MEMORANDUM D9-1-1

September 29, 1994

SUBJECT

DETENTION AND PROHIBITION OF
MATERIALS THAT ARE OBSCENE,
HATE PROPAGANDA, TREASONOUS
AND SEDITIOUS

As a result of evolving jurisprudence, the departmental policy concerning the administration of tariff code 9956 has been revised by deleting paragraphs 6(a)(8), 9(b), 9(c), 9(d) and 9(e) of Memorandum D9-1-1 issued June 12, 1991. New paragraphs have been added at sections 9(b), 9(c) and 9(d). Please see attached revised Memorandum D9-1-1.

The importation of material that depicts or describes anal penetration or anal intercourse in and of itself is not a ground for prohibition. However, such material will be prohibited if it includes other areas prohibited in Memorandum D9-1-1 such as violence, degradation or dehumanization.

Descriptions or depictions of violent, degrading or dehumanizing sexual acts, whether or not they involve anal penetration will continue to be prohibited. The key factor to be taken into account is whether the nature of the sexual act described or depicted is violent, degrading or dehumanizing.


MEMORANDUM D9-1-1

Ottawa, September 29, 1994

SUBJECT

INTERPRATIVE POLICY AND PROCEDURES
FOR THE ADMINISTRATION OF
TARIFF CODE 9956

This Memorandum outlines and explains the interpretation of tariff code 9956 of Schedule VII to the Customs Tariff and provides procedures to be followed in this regard.

Legislation

Tariff code 9956 reads:

"Books, printed paper, drawings, paintings, prints, photographs or representations of any kind that


GUIDELINES AND
GENERAL INFORMATION
Advance Reviews


REFERENCES

ISSUING OFFICE -

Tariff Programs

LEGISLATIVE REFERENCES -

Customs Tariff, section 114 and
Schedule VII, tariff code 9956
Customs Act, section 60, 63, 64(a), 67 and 71
Criminal Code, section 22(3), 46, 59, 60, 163(8),
320(8) and 464

HEADQUARTERS FILE -

4545-1

SUPERSEDED MEMORANDA "D" -

D9-1-1, June 12, 1991

OTHER REFERENCES -

D4-1-6, D6-2-3


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* The above text has been reproduced as faithfully as humanly possible from the original document. However, this reproduction is not, nor intended to be, the official version of the original.