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

Monthly Archives: November 2015

Why Did the Chicken NOT Cross the Canada/US Border?

Posted in Agriculture, Border Security, Canada's Federal Government, Cross-border trade, Legal Developments, NEXUS

Because Canada has imposed an import ban on all poultry products from certain U.S. States.  On November 26, 2015, the Canada Border Services Agency (“CBSA”) posted a News Release entitled “Let’s talk turkey: know the restrictions on poultry products before crossing the border”.  In this News Release, the CBSA notifies Canadians, residents and travelers to… Continue Reading

How to Avoid Problems at the Canada/US Border When You Return with Goods You Left With

Posted in Border Security, Canada's Federal Government, Customs Law, NEXUS

Many clients call me to inform me of a “disagreement” with a Canada Border Services Agency (“CBSA”) officer relating to goods from Canada that they took with them on a trip.  Often the problem relates to an expensive ladies purse or a piece of jewelry (sometimes a men’s watch). On November 13, 2015, the CBSA… Continue Reading

Very High Preliminary Duties in Canada’s Line Pipe Antidumping/Countervailing Duty Case

Posted in Antidumping

On November 26, 2015, the Canada Border Services Agency (“CBSA”) issued its notice of preliminary determination of dumping and subsidization in the Certain Line Pipe case against China.  The preliminary margins, which could change in the final determination, are as follows: Exporter Estimated Margin of Dumping* Estimated Amount of Subsidy* Total Provisional Duties Payable* Baoshan… Continue Reading

Canada is Concerned About Unreported Exported Goods AND Grants Limited 6 Month Amnesty

Posted in Controlled Goods Program, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Legal Developments

On November 16, 2015, the Canada Border Services Agency (“CBSA”) issued Customs Notice 15-035 “Voluntary Disclosure of Unreported Goods Transiting Through the United States to a Subsequent Country” is which it starts by stating “It has come to the CBSA’s attention that a large number of businesses have been exporting goods to Mexico and other… Continue Reading

Join Canada’s Partners in Protection Program

Posted in Border Security, Canada's Federal Government, Cross-border deals, Cross-border trade, U.S. Federal Government

Canada has implemented a voluntary Trusted Trader/secure supply chain program similar to the U.S Customs-Trade Partnership Against Terrorism (“C-TPAT”). Canada’s program is called “Partners in Protection” or PIP. On November 12, 2015, the Canada Border Services Agency (“CBSA”) released D-Memorandum 23-1-1 “Partners in Protection Program”.  This is a new D-Memorandum and it is very important. … Continue Reading

How to Avoid Problems at the Canada/US Border at Thanksgiving

Posted in Border Security, Canada's Federal Government, Cross-border trade, NEXUS

Thanksgiving is a time of year for families to get together.  There is a lot of food.  If your family is anything like my family, we exchange gifts with people we will not see over the Christmas holidays. Border crossings get backed-up during important holidays, such as Thanksgiving.  This year, in 2015, due to the… Continue Reading

NEXUS Cardholder Busted For Drugs

Posted in Border Security, NEXUS

I hate to say it – A Canadian female NEXUS cardholder was caught by US Customs and Border Protection importing illegal crystal methamphetamine, prescription pills (more than 200 oxycodone pills) and other drug paraphernalia into the United States at the Peace Bridge borer crossing. She was arrested and turned over to the Buffalo Police Department…. Continue Reading

The Canada-Ukraine Free Trade Agreement Should Be Ratified in 2016

Posted in Aerospace & Defence, Agriculture, Antidumping, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Environment, Export Controls & Economic Sanctions, Government Procurement, Intellectual Property, Labour, Legal Developments, Trade Agreeements

When I say that the Canada-Ukraine Free Trade Agreement “should be ratified in 2016”, it is an opinion that it would be beneficial for ratification to occur.  I do not have any inside knowledge about the new Trudeau Government’s plans. In fact, we have heard very little from PM Justin Trudeau or Canada’s new Trade… Continue Reading

Ukraine Is Joining WTO Agreement on Government Procurement

Posted in Government Procurement, World Trade Organization

On November 11, 2015, the World Trade Organization (WTO) announced that Ukraine is going to accede to the Agreement on Government Procurement.  On November 11, 2015, Ukraine’s terms of accession to the WTO Agreement on Government Procurement were approved.  Ukraine will formally accede to the GPA 30 days after it has deposited its instrument of… Continue Reading

Who Are You Going To Call? — With An Agreement on Internal Trade Question?

Posted in Canada's Federal Government

On November 4, 2015, Prime Minister Justin Trudeau was sworn into office by the Governor General.  Immediately thereafter, each member of Cabinet was sworn into office.  After the ceremonies, the Cabinet met and decisions were made.  Orders-in-Council were sent to the Privy Council Office. In PC Number: 2015-1260, the Minister of Industry, a member of… Continue Reading

Exports of Dual-Use Goods and Technology from Canada is More Business Friendly

Posted in Border Security, Export Controls & Economic Sanctions, Legal Developments

On August 12, 2015, Canada’s Minister of Foreign Affairs caused to be published in the Canada Gazette, Part II, Vol 149, No. 16 a regulation entitled “General Export Permit No. 41 – Dual Use Goods and Technology to Certain Destinations”, SOR/2015-200. Foreign Affairs, Trade and Development Canada also published a backgrounder and Notice to Exporters… Continue Reading

Why Are Companies Not Taking Advantage of FTA Benefits?

Posted in Canada's Federal Government, Corporate Counsel, Cross-border deals, Customs Law, Export Controls & Economic Sanctions, Exports, Harmonization, NAFTA, U.S. Federal Government

According to a Thomson Reuters-KPMG International Survey/Report, 70% of multi-national companies surveyed are not fully utilizing the benefits under existing free trade agreements (FTAs).  The problem has been reported to be complex and disparate compliance requirements in home jurisdictions and other jurisdictions. As an international trade lawyer, I hear this often.  Many North American multi-national… Continue Reading

Trans-Pacific Partnership Agreement (TPP) Text Released

Posted in Trade Agreeements

Today, New Zealand released the text of the Trans-Pacific Partnership Agreement on the New Zealand Ministry of Foreign Affairs and Trade web-site.  The TPP text was also released on a Trans-Pacific Partnership American web-site.  I would expect that Canada will also post the TPP text in the coming days. Trade lawyers, pundits, governments, and interest… Continue Reading

Canada Has A New Government – What USA Lawyers Should Know

Posted in Aerospace & Defence, Agriculture, Anti-Trust/Competition Law, Border Security, Canada's Federal Government, Environment, Export Controls & Economic Sanctions, Government Procurement, Transportation, U.S. Federal Government

On November 4, 2015, the Trudeau Government was sworn into power at Rideau Hall (that is where Canada’s Governor General lives) in Ottawa.  Prime Minister Justin Trudeau appointed his Cabinet (orders-in-council and regulations are promulgated by this group of law-makers).USA lawyers should know the following about the new Ministers (many are similar to US Secretaries,… Continue Reading