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

Monthly Archives: August 2015

The Canada Border Services Agency Initiates Line Pipe AD/CVD Case

Posted in Antidumping, Trade Remedies

On August 28, 2015 the Canada Border Services Agency initiated an antidumping/countervailing case against certain carbon and alloy steel line pipe from China.   The CBSA did not issue an email notification until 11:33AM on August 31st (I know because this is when I received my email). This case partially relates to existing AD/CVD duties on… Continue Reading

Removing Confusion Over Tariff Classification of “Religious Articles”

Posted in Customs Law, tariff classification, Uncategorized

On August 27, 2015, the Canada Border Services Agency (“CBSA”) reissued D-Memorandum D-14-15-12 “Interpretation of Tariff Item 9986.00.00”, which supercedes the previous version.  The new and improved version is much longer than the previous May 29, 1998 version. Goods that are properly classified pursuant to H.S. item number 9986.00.00.00 enter Canada duty free regardless of… Continue Reading

The CBSA Issues Customs Notice 15-032 “Contingency Plan for System Outages”

Posted in Cross-border trade, Customs Law

On August 28, 2015, the Canada Border Services Agency (“CBSA”) posted Customs Notice 15-032 “Contingency Plan for System Outages”.  It is a short customs notice that primarily contains a link to the CBSA’s “System Outage Contingency Plan“. The System Outage Contingency Plan details requirements and procedures for Trade Chain Partners and all impacted parties during… Continue Reading

The CBSA Announces Seizure of Cocaine at Toronto Pearson Airport

Posted in Border Security, Customs Law

On August 28, 2015, the Canada Border Services Agency (“CBSA”) posted on the CBSA website a news release that on August 27th, CBSA officers at Toronto Pearson International Airport seized a suspected shipment of 23 kilograms of cocaine.  The news release provides the following details about the seizure: “On August 27, 2015, CBSA officers monitoring… Continue Reading

Dear Duck Dynasty, The Canada Border Services Agency Issues D-Memo on Decoy Calls

Posted in Customs Law, Legal Developments

On August 27, 2015, the Canada Border Services Agency (“CBSA”) issued D-Memorandum D10-14-65 “Tariff Classification of Decoy Calls“.  I did not realize that there was an issue relating specifically to decoy calls.  The issue was serious enough that the CBSA issued a specific administrative policy statement. The CBSA states that: “As heading 92.08 covers, among other… Continue Reading

Who Would Have Thought Tariff Classification of Pizza Kits Would Be So Complicated

Posted in Cross-border trade, Customs Law

On August 20, 2015, the Canada Border Services Agency (“CBSA”) issued D-Memorandum D-10-14-32 “Tariff Classification of Pizza Kits”.  The good news is that the D-Memorandum is only 2 pages in length.  The bad news is that the instructions to importers of pizza kits is as clear as mud. Paragraph 1 of D-Memorandum D-10-14-32 states as… Continue Reading

Process Steps in a Canadian Antidumping Expiry Review (Sunset) Proceeding

Posted in Antidumping, Cross-border trade, Trade Remedies

In Canada, we call the 5 year antidumping order review an “expiry review”; it is called a “sunset review” in the United States.  Under the WTO Antidumping Agreement, Canada must review antidumping orders  before the 5 year anniversary of the Canadian International Trade Tribunal (“CITT”) Order.  The normal steps in an expiry review proceeding are… Continue Reading

Top 10 Mistakes Made By Exporters When Completing Antidumping Requests For Information

Posted in Antidumping, Trade Remedies

This top 10 mistakes blog article has been created with the assistance of Vincent Gaudreau, a former Canada Border Services Agency (CBSA) Officer in the Antidumping and Countervailing Directorate. After the CBSA initiates an antidumping investigation, the CBSA issues an exporter request for information (RFI) that must be completed by the exporter of the goods… Continue Reading

Do Currency Fluctuations Impact Importers?

Posted in Antidumping, Cross-border deals, Cross-border trade, Customs Law, GST/HST

The answer is “YES”, the current currency fluctuations in the Canadian dollar have an impact on importers.  Generally speaking, many importers in Canada purchase goods from foreign sources in United States dollars (foreign vendors do not desire Canadian dollars).  The current weakening of the Canadian dollar (on August 24, 2015, the Bank of Canada closing… Continue Reading

Disqualification Orders Are Rare at the Canadian International Trade Tribunal: Will Dentons Case Be A Game Changer in Canada?

Posted in Antidumping, Legal Developments, Trade Remedies

There have been a number of cases in Canada where one party to the proceeding has raised conflict of interest in respect of another party before the Canadian International Trade Tribunal (“Tribunal”).  In most cases, the Tribunal has not disqualified counsel. For example, in Circular Copper Tube, PI-2013-002, the Tribunal did not issue a disqualification… Continue Reading

Options for an Importer/Exporter/Foreign Producer to Restrict the Product Scope in an Antidumping Case

Posted in Antidumping, Cross-border trade, Trade Remedies

In modern antidumping cases, the complainants (with the help of the Canada Border Services Agency in Canada) draft broad product descriptions for the subject goods to be covered should an injury finding result in 5 years of antidumping duties. The broad product descriptions cover goods that the domestic industry actually manufactures and goods that the… Continue Reading

Wildfires Burning Near British Columbia/Washington State Border – Please Stay Safe

Posted in Border Security, Cross-border trade, Customs Law

There are many wildfires burning near the British Columbia/Washington State border. Please check for road closures before heading for the border. U.S. Customs has published a notice Wildfires on U.S./Canadian Border in Washington State.  The Canada Border Services Agency does not appear to have posted anything as of yet. Please stay safe and exercise caution… Continue Reading

Canada Requires a “Through Bill of Lading” to Claim GPT Tariff Treatment

Posted in Customs Law, GPT, Legal Developments, Uncategorized

The Canadian International Trade Tribunal (the “Tribunal”) recently held in ContainerWest Manufacturing Ltd v. President of the Canada Border Services Agency, AP-2014-025 (July 27, 2015) that “a through bill of lading is required for entitlement to the GPT.”  This decision may surprise many importers, customs lawyers and customs brokers. GPT means General Preferential Tariff.  Often… Continue Reading

People With Graves Disease Should Be Careful At the Border

Posted in Border Security, Customs Law, Personal Comments

I have Graves Disease. One of the not-so-fun symptoms is Graves’ Ophthalmopathy.  Some of the symptoms of Graves’ Ophthalmopathy are (a) inflamation/swelling of the eyes, (b) dryness/redness of the eyes and (c) eyelids do not retract quickly.  So, the customs officers see big red irritated eyes and think the worst (drugs).  Based on my personal… Continue Reading

What Should A Lawyer Do To Claim Solicitor-Client Privilege at the Canadian Border?

Posted in Border Security, Cross-border deals, Cross-border litigation, Customs Law

At the present time, the Canada Border Services Agency (“CBSA”) does not have a published or informal policy concerning what a lawyer should do to claim solicitor-client privilege during an examination of documents in a lawyer’s briefcase or electronic documents on a lawyer’s computer or PDA. Based on the Alain Philippon case, currently before the… Continue Reading

I am feeling better

Posted in Personal Comments

I apologize for being away for a year from my blogging.  I started to experience Graves Disease symptoms in 2014 and needed to take time away from  Canada-US Blog in order to take charge of my health.  I am still recovering from a complete thyroidectomy and am managing my symptoms.  I am feeling much better… Continue Reading