Canada-U.S. Blog Trade Lawyers Cyndee Todgham Cherniak and Susan K. Ross

Monthly Archives: September 2011

California State Legislature Enacts Supply Chain Security Law

By Susan Kohn Ross on Posted in Aerospace & Defence, Agriculture, Cross-border deals, Immigration law, State Governments, Transportation, Uncategorized

Are you covered by S657 – the new California law requiring retailers and manufacturers to inform the public about their efforts to combat slavery and human trafficking? Whether or not you think the California Legislature has improperly stuck its nose into international affairs, the fact remains the law takes effect on January 1, 2012. Human… Continue Reading

More Changes Are Coming

By Susan Kohn Ross on Posted in Agriculture, Customs Law

Originally published by the Journal of Commerce in September 2011. In the August 17, 2011 Federal Register, Customs announced it was eliminating paper courtesy notices of liquidation (CBP Form 4333-A). It claims to be spending $3+ million a year in printing and mailing these notices which advise importers when individual entries are liquidated or finalized…. Continue Reading

Crossing Borders: TransCanada Pipeline, Oil, Jobs?

By Windsor Law, University of Windsor on Posted in Buy America, Canada's Federal Government, Cross-border trade, Energy, Environment, Labour

By: Amanda Fowler, University of Windsor law student Alberta’s oil sands have become a popular component of the trade relationship between Canada and the United States. As a Canadian citizen growing up in Southern Ontario, the developments with oil sands production has not been a direct provincial concern. However, after learning about the interconnected nature… Continue Reading

Cross-Border Police Can Have Indirect Benefits

By Windsor Law, University of Windsor on Posted in Border Security, Cross-border deals

By: Chuck Andary, Windsor Law Student The upcoming unveiling of the border security plan between the United States and Canada will undoubtedly dominate news headlines and trigger much debate in the blogosphere. Concerns over privacy, sovereignty, economic impact, border wait times, and everything else relating to international relations will be raised. Ahead of this announcement,… Continue Reading

U.S. May Breach Most-Favoured-Nation Rules If It Imposes GST/HST Protectionist Measures

By Cyndee Todgham Cherniak on Posted in Buy America, Cross-border trade, Customs Law, GST/HST, NAFTA, World Trade Organization

Yesterday I shared with you the Bloomberg Businessweek article “Buy American and Fairer Trade Can Solve Job Woes: Alan Tonelson“.  In this article, Alan Tonelson suggests that the United States should impose additional duties at the border on goods coming from a country with a value-added tax.  Canadians should be concerned because under the goods and… Continue Reading

New Buy America Initiative Takes Aim At Canada’s GST/HST Regime

By Cyndee Todgham Cherniak on Posted in Buy America, Cross-border trade, Customs Law, Government Procurement, GST/HST

In an recent article in Bloomberg Businessweek printed online on September 18, 2011 entitled “Buy American and Fairer Trade Can Solve Job Woes: Alan Tonelson“, Canadians are put on notice that the U.S. is taking aim at value-added tax (“VAT”) regimes that do not charge VAT on exported goods. Canada’s goods and services tax (“GST”) and… Continue Reading

Study on Canada-US Price Differences Yields Many Benefits

By Windsor Law, University of Windsor on Posted in Border Security, Canada's Federal Government, Cross-border trade, NAFTA

By: Chuck Andary Canadians who live in border cities know all too well the savings that can be had by shopping on the American side of the border. With the American and Canadian dollars near parity, however, one would expect that price gaps would be narrower. Sure, we have to consider that there are, generally,… Continue Reading

Canadian Post 9-11 Legal Developments

By Cyndee Todgham Cherniak on Posted in Border Security

I wrote an article for Embassy – Canada’s Foreign Policy Newspaper about legal developments in Canada in response to the terrorist attacks in the United States on September 11, 2001.  I am proud to share with you “Canada’s Legal Response to 9-11“, which was published on September 8, 2011.

Canada’s Courts of Appeal Web-Sites

By Cyndee Todgham Cherniak on Posted in Cross-border litigation

If you would like to reasearch Canadian appellate court decisions, here is a list of Canada’s Court of Appeal web-sites: Alberta: www.albertacourts.ab.ca British Columbia: www.courts.gov.bc.ca Manitoba: http://www.manitobacourts.mb.ca/ New Brunswick: http://www.gnb.ca/cour/03COA1/index-e.asp Newfoundland: http://www.court.nl.ca/ Nova Scotia: www.courts.ns.ca/Appeals/index_ca.htm Ontario: http://www.ontariocourts.on.ca/coa/en/ Prince Edward Island: http://www.gov.pe.ca/courts/ Quebec: http://www.jugements.qc.ca/ Saskatchewan: www.sasklawcourts.ca Nunavut: http://www.nucj.ca/index.htm Northwest Territories: www.justice.gov.nt.ca/dbtw-wpd/nwtjqbe.htm Yukon: www.yukoncourts.ca Federal Court of… Continue Reading

Can a “Purchaser in Canada” for Canadian Customs Purposes Change Status?

By Cyndee Todgham Cherniak on Posted in Cross-border trade, Customs Law

Can a “purchaser in Canada” as that term is defined for customs purposes in Canada undergo changes and no longer satisfy the criteria in the Value for Duty Regulations? The short answer to this question is: Yes The longer version of the answer demonstrates that it this area of the law is complicated.  Subsection 48(1) of the Customs… Continue Reading

NAFTA Verifications: Trust But Verify

By Cyndee Todgham Cherniak on Posted in Cross-border trade, Customs Law, NAFTA, Uncategorized

Most Canadian businesses that sell goods to the United States know that the U.S. Customs and Border Protection (USCBP) may want to someday verify their NAFTA certificates of origin (if they are provided).  NAFTA Article 506 sets out the authority for each Party to NAFTA (Canada, Mexico and the United States) to conduct verifications of… Continue Reading