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

Monthly Archives: March 2016

More Tariff Reductions Coming In Canada As Promised in The 2016 Budget

Posted in Cross-border trade, Customs Law

Today, the Canadian Government tabled the 2016 Budget.  Hidden in the middle of the long document is the following statement about tariff reductions: “Supporting Manufacturers Through Tariff Relief Canadian manufacturers need a wide range of inputs to produce their high-quality products. Some of these manufacturing inputs are imported and may face tariffs when entering Canada…. Continue Reading

GST/HST Measures in the 2016 Federal Budget

Posted in GST/HST

Today, the Federal Government of Canada tabled the Budget.  There are a few GST/HST Measures.  The following is an excerpt from the Budget: Medical and Assistive Devices Medical and assistive devices that are specially designed to assist an individual in treating or coping with a chronic disease or illness or a physical disability are generally… Continue Reading

New Customs Bill Is Now Law

Posted in Aerospace & Defence, Agriculture, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Government Procurement, Intellectual Property, Legal Developments, Trade Remedies

Originally published in the Journal of Commerce in March 2016 On February 24, 2016, President Obama signed into law H.R. 644. Entitled the “Trade Facilitation and Trade Enforcement Act of 2015,” it contains a good many technical revisions to existing Customs and Border Protection (“CBP”) processes, procedures, laws and regulations. Much more is included, so… Continue Reading

Trade Facilitation and Trade Enforcement Act of 2015 and Intellectual Property Rights

Posted in Aerospace & Defence, Border Security, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Government Procurement, Intellectual Property, Legal Developments, Trade Remedies

This article was co-authored with Kevin M. Rosenbaum of MS&K. On February 24, 2016, President Obama signed into law the Trade Facilitation and Trade Enforcement Act of 2015, PL 114-125 (TFTEA), which includes an assortment of trade facilitation and trade enforcement provisions, including a number of provisions focused on intellectual property rights (IPR). Section III… Continue Reading

New Customs Bill Becomes Law

Posted in Antidumping, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Exports, Government Procurement, Intellectual Property, Legal Developments, NAFTA, origin, tariff classification, Trade Agreeements, Trade Remedies, Transportation, valuation

On February 24, 2016, H.R. 644 was signed into law by the President. While yet another trade-related bill was signed without any public ceremony, this new law contains a number of timely provisions. The first section deals with trade facilitation side-by-side with trade enforcement. The CBP Commissioner is directed to coordinate with the Director of… Continue Reading

The CITT Does Not Like Messy Appeals

Posted in Customs Law, Legal Developments, Legal Writing, origin, tariff classification, valuation

The Worldpac Canada v. President of the Canada Border Services Agency case (AP-2014-021) released by the Canadian International Trade Tribunal (“CITT”) on March 8, 2016 contains a few paragraphs that do not hide the CITT’s frustration with the appeal paperwork in this case.  Member Downey states in the Reasons: “… the Tribunal also wishes to… Continue Reading

What Is A “Blanket Authorization” And Why Does It Matter?

Posted in Customs Law, origin, tariff classification, Uncategorized, valuation

According to the Canadian International Trade Tribunal (“CITT”) in Worldpac Canada v. President of the Canada Border Services Agency, AP-2014-021 (Order and Reasons released on February 18, 2016 and posted on the CITT website on March 8, 2016), a “blanket authorization” is a “mechanism involving a specific process by which an importer can apply to… Continue Reading

Can US Customs Take My NEXUS Card at Toronto Pearson International Airport?

Posted in NEXUS, Uncategorized

The answer is “Yes”, and it happens on a regular basis.  Quite frankly, we have received more calls about NEXUS confiscations at Toronto Pearson Airport Pre-Clearance recently – and, it makes one wonder if a US CBP policy directive has changed.  The issues that arise at U.S. Pre-Clearance at Toronto Pearson Airport are different issues… Continue Reading

Canada To Impose New Sanctions Against North Korea

Posted in Export Controls & Economic Sanctions

On March 2, 2016, Foreign Affairs Minister Dion made the following statement: “Canada supports ‎imposing additional sanctions on North Korea, in accordance with Resolution 2270, adopted today by the United Nations Security Council. The Government of Canada will take further steps, as necessary, to implement the new elements of the UN Security Council sanctions against… Continue Reading

Canada-EU CETA Investment Arbitration Tribunal Is An Opportunity For Canadians

Posted in Trade Agreeements, Tribunals

On February 29, 2016, the Honourable Chrystia Freeland, Minister of International Trade, and Cecilia Malmström, European Commissioner for Trade, announced that the legal review of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) English text has been completed.  More interesting, thy announced changes to the Investment Chapter and the establishment of a permanent investment… Continue Reading