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

Monthly Archives: October 2016

What Are The Steps Canada Follows To Ratify And Implement A Treaty?

Posted in Canada's Federal Government, Constitutional Law, Cross-border deals, Cross-border trade, Legal Developments, Trade Agreeements

On October 30, 2016, Canada participated in a signing ceremony for the Canada-EU Comprehensive and Trade Agreement (“CETA”).  What steps must Canada take to implement a free trade agreement (or any treaty) in Canadian law? Step 1: Signing Order (Instrument of Full Powers): This step should be taken befor the signing ceremony. A signing order… Continue Reading

The CBSA (as Administrator of Laws) Must Follow CITT Decisions (Subject to Limited Exceptions)

Posted in Antidumping, Cross-border litigation, Customs Law, Government Procurement, Imports Restrictions

This case is a must-read for all customs and trade lawyers.  This case is a must- read by other administrative lawyers who appear before quasi-judicial tribunals. The general administrative law rules for law enforcers and tribunals have been clarified in simple, understandable terms. May there be greater certainty, greater predictability and finality as a result of this… Continue Reading

Is the Canada-EU CETA Dead? An Update

Posted in Canada's Federal Government, Cross-border trade, International Arbitrations, Politics, Trade Agreeements

As a trade lawyer, I remain optimistic that the Canada-EU Comprehensive Economic and Trade Agreement (“CETA”) will be signed. I am not ready to issue a “call of death”; but I am closer to that call than I was last week.  The problem is that Canada is finished negotiations of the CETA and will not reopen… Continue Reading

What Is A CITT Section 18 Reference?

Posted in Antidumping, Canada's Federal Government, Cross-border trade, Legal Developments, Trade Remedies

On October 17, 2016, Canada’s Department of Finance announced that the Government of Canada had asked the Canadian International Trade Tribunal (“CITT”) to conduct an inquiry (actually, it is a Reference) in respect of the antidumping case involving gypsum board from the United States and imported into Western Canada in order to hear from a… Continue Reading

Is the Canada-EU CETA Dead?

Posted in Canada's Federal Government, Cross-border deals, Cross-border trade, International Arbitrations, Trade Agreeements

As a trade lawyer, I remain optimistic that the Canada-EU Comprehensive Economic and Trade Agreement (“CETA”) will be signed. I am not ready to issue a “call of death”.  However, the CETA deal is in critical condition.  Canada has walked away from the table because of the actions of Wallonia.  The good news is that many people… Continue Reading

Canada Acknowledges Antidumping Proceedings Hurt Consumers

Posted in Antidumping, Canada's Federal Government, Trade Remedies

This has never happened before.  This is very important.  Trade lawyers outside Canada (and inside Canada) will be shocked by the steps being taken in Canada during an active antidumping proceeding. On October 16, 2016, the Department of Finance asked the Canadian International Trade Tribunal to commence a section 18 (of the Canadian International Trade Tribunal… Continue Reading

Why Should You Know About Canada’s Export Controls and Economic Sanctions Laws?

Posted in Aerospace & Defence, Border Security, Canada's Federal Government, Controlled Goods Program, Corporate Counsel, Cross-border trade, Export Controls & Economic Sanctions, Exports

I am often asked why export controls and economic sanctions are important.  The simple answer is that if you export a controlled good or export goods to a sanctioned country, your company could become front page news.  If that should happen because your company manufactured and sold goods that are used to kill a Canadian… Continue Reading

Canada Continues To Impose Economic Sanctions Against Liberia

Posted in Canada's Federal Government, Cross-border trade, Export Controls & Economic Sanctions, Exports

Canada imposed economic sanctions against Liberia to implement United Nations Security Council Resolution 1521 (2003).  The multilateral economic sanctions are imposed pursuant to the United Nations Act and the Regulations Implementing the United Nations Resolutions on Liberia.  However, on May 25, 2016, the United Nations unanimously adopted resolution 2283 (2016) deciding to terminate all arms,… Continue Reading

Canada Continues To Impose Economic Sanctions Against Ivory Coast

Posted in Canada's Federal Government, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports, Uncategorized

Canada imposed economic sanctions against Ivory Coast to implement United Nations Security Council Resolution 1572.  The multilateral economic sanctions are imposed pursuant to the United Nations Act and the United Nations Côte D’Ivoire Regulations.  However, on April 28, 2016, the United Nations unanimously adopted resolution 2283 (2016) deciding to terminate all arms, travel and financial… Continue Reading

Hanjin Claim Deadline Approaching

Posted in Corporate Counsel, Cross-border deals, Transportation

Hanjin has published on its website information about how to file claims in the Korean bankruptcy case (called a rehabilitation proceeding ).  Details can be found on the Hanjin website at http://hanjin.com/hanjin/CUP_HOM_1001.do. See also the attached file – 8254715. The deadline to file claims is October 25, 2016, so do not delay. Referrals to Korean counsel can be… Continue Reading

Make Your Hanjin Bankruptcy Claims Now!

Posted in Corporate Counsel, Cross-border deals, Cross-border trade, Legal Developments, Transportation

There is a lot of press coverage about the Hanjin bankruptcy, but very little of it provides tangible facts for traders to rely on.  One thing we know for sure is Hanjin filed a Chapter 15 bankruptcy in the U.S. What that means is the U.S. bankruptcy court will defer to the Korean bankruptcy court… Continue Reading

Hillary or Donald?

Posted in Elections

As the Presidential election cycle comes to a close, and that cannot happen soon enough, the question we are all faced with is do we support Hillary or Donald? Yes, there are third party candidates running, but none of them has a serious chance at being elected, and voting for one of them hands the… Continue Reading

What Is An Export Control List Item Number?

Posted in Aerospace & Defence, Cross-border trade, Export Controls & Economic Sanctions, Exports, tariff classification

An Export Control List Item Number (the “ECL Item Number”) is the Canadian identification or classification number that must be provided on export permit applications made under the Export and Import Permits Act and, if the good is subject to economic sanctions, requests for ministerial authorizations. All goods that are subject to Canada’s export controls… Continue Reading

Importing Goods From China: Three Things You Must Do To Minimize Border Costs

Posted in Antidumping, Customs Law, GST/HST, Imports Restrictions, Intellectual Property, origin, tariff classification, Trade Remedies, valuation

Canadian businesses, small, medium and large import goods from China. It is a reality in a globalized supply chain.  Many Canadian businesses buy Chinese-origin goods from suppliers in a third country (e.g., the United States). Most businesses understand that they must pay all applicable customs duties at the time of importation.  Many companies understand that… Continue Reading

Canadian Thanksgiving Survival Guide To Crossing The Border

Posted in Uncategorized

The Canadian Thanksgiving long week-end is upon us.  Canadians travel outside Canada to visit friends and family and to shop. Canadians living abroad come home to Canada to visit family. Often friends of Canadians come to visit for some turkey and pumpkin pie. And, the Canada Border Services Agency (“CBSA”) is on the lookout for contraventions… Continue Reading

SME Importing and Exporting Toolkits Posted on the CBSA Website

Posted in AMPs, Border Security, Canada's Federal Government, Customs Law, Export Controls & Economic Sanctions, Exports, GST/HST, Imports Restrictions, NAFTA, NEXUS, origin, tariff classification, valuation

On August 22, 2016, the Canada Border Services Agency (“CBSA”) posted on its website toolkits for small to medium sized enterprises.  The toolkits cover (1) importing, (2) exporting, (3) other CBSA resources, (4) other governmental resources and (5) contact information.  However, the CBSA did not include the posting of the toolkits in its “Latest News”… Continue Reading

Making NAFTA Relevant Again! Why Did The Chicken Not Cross The Border?

Posted in Cross-border trade, Imports Restrictions, NAFTA, tariff classification, Uncategorized

Canada’s Minister of Agriculture, Mr. MacAulay, has said that five Canadian companies have lost their certification to import chicken, stemming from another trade problem related to U.S. imports. The revocations of import privileges relate to mislabeling of good chicken as spent fowl.  An investigation was started after a surge in imports of high-quality made-for-meat “broiler”… Continue Reading

Making NAFTA Relevant Again! A Look At Certificates of Origin.

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

Donald Trump and Hillary Clinton talked about the North American Free Trade Agreement (“NAFTA”) during the U.S. Presidential Debate on September 26th.  Donald Trump and Hillary Clinton spoke about NAFTA during the primaries and on the campaign trail.  NAFTA is relevant again!  This is good for customs lawyers and trade lawyers.  With all this talk… Continue Reading

What Is An H.S. Tariff Classification Number?

Posted in Cross-border trade, Customs Law, Imports Restrictions, tariff classification

An H.S. Tariff Classification Number is a 10 digit number that must be provided on import documentation in order to communicate what is the good that is being imported. Theoretically, every type of good is covered by the H.S. Tariff Classification Numbers and each good can be matched with a number.  The Canada Border Services Agency… Continue Reading

What Did The Supreme Court of Canada Say About Appeals of CITT Tariff Classification Decisions?

Posted in Uncategorized

On September 29, 2016, the Supreme Court of Canada upheld a decision of the Canadian International Trade Tribunal (“CITT”) as reasonable.  In Attorney General of Canada v. Igloo Vikski Inc., the majority of the Supreme Court of Canada held that imported hockey gloves should be classified as “gloves, mittens and mitts” under tariff item 6216.00.00 and… Continue Reading

How Canadian! The Supreme Court of Canada’s First Tariff Classification Decision Is For Hockey Gloves

Posted in Customs Law, Legal Developments, tariff classification

On September 29, 2016, hours before Canada won the World Cup of Hockey, the Supreme Court of Canada issued its first tariff classification decision since Canada signed the International Convention on the Harmonized Commodity Description and Coding System in 1998. At the heart of the decision was the proper tariff classification for goalie gloves, known… Continue Reading