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

Monthly Archives: September 2016

Review of the Special Economic Measures Act Is Going To Be Undertaken By HOC Committee

Posted in Canada's Federal Government, Export Controls & Economic Sanctions, Exports

On June 8, 2016, Canada’s House of Commons Standing Committee on Foreign Affairs and International Development announced that it would be undertaking a review of the Special Economic Measures Act and the Freezing of Assets of Corrupt Foreign Public Officials Act.  The announcement did not receive much press at the time. The announcement states: “Committee… Continue Reading

What Should Canadians Listen For While Watching the U.S. Presidential Debate

Posted in Antidumping, Border Security, Buy America, Canada's Federal Government, Cross-border deals, Cross-border trade, Elections, Export Controls & Economic Sanctions, Immigration law, NAFTA, NAFTA Chapter 11, Politics, Softwood Lumber, State Courts, State Governments, Tax, Trade Agreeements, U.S. Federal Government, U.S. Supreme Court, World Trade Organization

Tonight is the first U.S. Presidential Debate.  Every 4 years, Canadian bureaucrats and those interested in politics watch the debates looking for clues as to what good and bad may be coming.  I thought it would be useful to make a list, from the perspective of a Canadian trade lawyer, of what Canadians should listen… Continue Reading

How To File A “Service Complaint” Against The Canada Revenue Agency

Posted in GST/HST

In writing this blog post, we are not advocating filing baseless, frivolous, vexatious and retaliatory “service complaints” against Canada Revenue Agency (“CRA”) auditors, collections officers and other employees of the CRA. However, we have learned from the experience of our clients that some legitimate complaints arise from time-to-time.  It is in the spirit of transparency… Continue Reading

How To File A Complaint Against The Canada Border Services Agency

Posted in Canada's Federal Government, Customs Law, Export Controls & Economic Sanctions, Exports, Immigration law, Imports Restrictions, NEXUS

In writing this blog post, we are not advocating filing baseless, frivolous, vexatious and retaliatory complaints against Canada Border Services Agency (“CBSA”) officers. However, we have learned from the experience of our clients that some legitimate complaints arise from time-to-time.  It is in the spirit of transparency and openness that we have decided to write… Continue Reading

Minister Responsible For The CBSA Does Not Understand How Canada’s Antidumping Law Works

Posted in Anti-Trust/Competition Law, Trade Remedies

Canada’s Minister of Public Safety and Emergency Preparedness (Ralph Goodale) is responsible for the Canada Border Services Agency (“CBSA”).  On September 20, 2016, Minister Goodale was asked about the antidumping case against gypsum board from the United States being imported/consumed/used in Western Canada (British Columbia, Alberta, Saskatchewan, Manitoba, Yukon and Northwest Territories).  Minister Goodale made… Continue Reading

What Is A “Customs Controlled Area”?

Posted in Border Security, Canada's Federal Government, Corporate Counsel, Cross-border trade, Currency Reporting, Customs Law, Exports, Immigration law, Imports Restrictions, NEXUS, origin, Personal Comments, Proceeds of Crime/Money Laundering, tariff classification, valuation

On April 27, 2016, the Canada Border Services Agency (“CBSA”) released Guide BS5156 “What you need to know about Customs Controlled Areas”. In this one page document, the CBSA informs the public that a “customs controlled area” is: “A designated area where there is a likelihood that domestic employees or domestic origin travellers leaving Canada will come… Continue Reading

Canada Border Services Agency Revised Code of Conduct Is Published Online

Posted in Border Security, Canada's Federal Government, Cross-border trade, Currency Reporting, Customs Law, Export Controls & Economic Sanctions, Exports, Immigration law, Imports Restrictions, NEXUS, Personal Comments, Politics, Proceeds of Crime/Money Laundering

On August 16, 2016, the Canada Border Services Agency (“CBSA”) posted its revised Code of Conduct, to which all CBSA officers must adhere. The three “values” pillars of the CBSA Code of Conduct are (1) Respect, (2) Integrity and (3) Professionalism. Respect The CBSA makes the following statements in the Code of Conduct regarding “Respect”: Respect… Continue Reading

What Should Canadian Businesses Know About Canadian Goods Returned For Warranty Repairs?

Posted in Cross-border trade, Customs Law, origin, tariff classification, valuation

One area of confusion for many small and medium Canadian businesses is the customs treatment of goods manufactured in Canada that are sold outside Canada (and exported), but have to be returned temporarily for warranty repairs. The goods manufactured in Canada may be entirely Canadian input content or may be made partly with foreign inputs. … Continue Reading

Canadian Companies Should Not Be Duped By North Korea, Which Is Subject To Strict Trade Sanctions

Posted in Canada's Federal Government, Export Controls & Economic Sanctions, Exports

Canadian companies must be careful to not inadvertently breach Canada’s very strict sanctions against North Korea. Most Canadian companies know that almost all dealings with North Korea are either not permitted or that an export permit or ministerial authorization is required.  That is why it comes as quite a shock to learn that not only… Continue Reading

What To Do When You Receive An Antidumping DAS From The CBSA

Posted in Antidumping, Cross-border trade, Trade Remedies

A Detailed Adjustment Statement (“DAS”) is an assessment of antidumping duties and/or countervailing duties, additional GST, and interest.  It is like a tax assessment – only it relates to antidumping and countervailing duties.  Customs duties  and excise taxes can also be imposed on a DAS (with or without antidumping duties).  You would have received an… Continue Reading

Canada Initiates Antidumping Investigation Against Fabricated Industrial Steel Components from Several Countries

Posted in Antidumping, Trade Remedies

On September 12, 2016, the Canada Border Services Agency (“CBSA”) initiated an antidumping investigation against fabricated industrial steel components originating in or exported from China, South Korea, the United Kingdom, Spain and the United Arab Emirates.  A subsidy investigation was also initiated in respect of China. The complaint was filed by Supermetal Structures Inc. (Lévis,… Continue Reading

Canada’s Level Of Activity In The Area Of Export Controls and Economic Sanctions May Surprise You

Posted in Border Security, Canada's Federal Government, Export Controls & Economic Sanctions, Exports

Looking back over the last 12 months, the level of activity in the area of export controls, economic sanctions and trade restrictions in Canada is somewhat surprising.  Canada is usually rather quiet and there is not a lot to report.  The last 12 months are different and we are seeing activity at Global Affairs, Export… Continue Reading

What Can I Do If My NEXUS Card Is Confiscated By The CBSA?

Posted in Border Security, Customs Law, Immigration law, NEXUS

  The Canada Border Services Agency (“CBSA”) may confiscate, revoke or cancel a NEXUS Membership for a number of reasons, such as (1) a breach of a customs law (e.g., undervaluation or not declaring goods purchased or acquired outside Canada), (2) a breach of an immigration law (e.g., working in Canada without a proper visa),… Continue Reading

What Should I Do If The CBSA Seizes My Currency or Monetary Instruments?

Posted in Border Security, Canada's Federal Government, Currency Reporting, Customs Law, Exports, Imports Restrictions

On September 9, 2016, the Globe and Mail published an article entitled “Seizures of undeclared cash spike at Vancouver International Airport“, which reports that the CBSA “confiscated more than $13-million in hidden currency from 792 Chinese people passing through Vancouver International Airport”.  The CBSA seizes undeclared currency and monetary instruments at all of Canada’s airports… Continue Reading

Global Affairs Canada Posted Secret Memorandum On Saudi Vehicles Sale

Posted in Export Controls & Economic Sanctions, Exports

I have recently come across the March 21, 2016 “Secret” Memorandum for Action to the Minister of Foreign Affairs regarding the sale of light armoured vehicles to Saudi Arabia.  It was posted on the Global Affairs Canada web-site along with an April 11, 2016 Notice.  Historically, it is unusual for such documents to be made… Continue Reading

Importers Can Play The Game Too – Preparing Call Reports To Record Communications

Posted in Antidumping, Trade Remedies

In antidumping injury cases in Canada, the domestic industry often include confidential call reports in their submissions to the Canadian International Trade Tribunal. The call reports document conversations and meetings with importers/distributors and customers in which the customer or distributor asks for a price reduction or says the price offered is too high.  The domestic… Continue Reading

Do Not Enter! Canada Is Rejecting Potential Immigrants Who Have Broken Foreign Export Controls Laws

Posted in Border Security, Export Controls & Economic Sanctions, Exports, Immigration law

On August 30, 2016, the Federal Court of Canada issued its judicial review decision in Mahmood Sajid v. The Minister of Citizenship and Immigration, 2016 FC 981.  The Federal Court dismissed a judicial review application filed by Mr. Sajid to review a decision by Canada’s Refugee Protection Division (RPD) to vacate Mr. Sajid’s refugee protection. … Continue Reading

Questions Are Being Asked About The Application of Canada’s Trade Restrictions to Sales By Streit Group

Posted in Export Controls & Economic Sanctions, Exports

Is there a Canadian-owned company with manufacturing operations in the United Arab Emirates that is selling to sanctioned destinations goods that would be on Canada’s Export Control List if they were manufactured in Canada? It appears that the answer is “Yes”.  Does the Canadian Government believe that the sales are legal under Canada’s current economic… Continue Reading

Canada Border Services Agency Issues Preliminary Determination of Dumping Against Gypsum Board From USA

Posted in Antidumping, Trade Remedies

To the People of Western Canada: On September 6, 2016, the Canada Border Services Agency (“CBSA”) released a preliminary determination of dumping on gypsum board from the United States.  Starting on September 7, 2016 until some unknown date in the future, antidumping duties will be collected on drywall imported from the United States – and… Continue Reading

Checklist for Exporting Commercial Goods From Canada

Posted in Customs Law, Export Controls & Economic Sanctions, Exports

On August 19, 2016, the Canada Border Services Agency (“CBSA”) posted on its web-site a “Checklist for Exporting Commercial Goods from Canada”.  On January 25, 2016 (updated August 19, 2016), the CBSA also published a “Step-by-Step Guide to Exporting Commercial Goods from Canada“. The first thing is that exporters must know is what the CBSA… Continue Reading