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

Monthly Archives: June 2017

Canada-Ukraine Free Trade Agreement Implementation Date Is August 1, 2017

Posted in Canada-Ukraine FTA

Canada has sent a diplomatic note to the Government of Ukraine (the Ukrainian Embassy in Canada) stating that the implementation date for the Canada-Ukraine FTA is August 1, 2017.  The Canada-Ukraine FTA was singed in Kyiv on July 11, 2016. On March 14, 2017, the Ukrainian Parliament voted to ratify the Canada-Ukraine Free Trade Agreement. Ukraine… Continue Reading

Should Canada Be Concerned About The Pending U.S. Section 232 Steel Report And Punishing Tariffs?

Posted in Antidumping, Corporate Counsel, Cross-border trade, Trade Remedies, U.S. Federal Government

Yes, Canada should be very concerned about the Section 232 Report on steel, which is due to be issued this week (but may be released next week after July 4, 2017).  By way of background, on April 19, 2017, the U.S. Department of Commerce initiated a section 232 of the Trade Expansion Act of 1962… Continue Reading

Trump Travel Restrictions: What Canadians And Canadian Residents And NEXUS Card Holders Need To Know

Posted in Canada's Federal Government, Immigration law, Law Schools, NEXUS, Politics, U.S. Federal Government

On June 26, 2017, the United States Supreme Court unanimously overturned lower court decisions that delayed the implementation of President Trump’s Executive Order implementing travel restrictions against persons from 6 countries (Iran, Libya, Somalia, Sudan, Syria, Yemen). A limited version of President Donald Trump’s travel restrictions will go into effect Thursday morning (June 29).  The… Continue Reading

What Should An Importer Know About Importing Industrial Hemp And Derivative Products Into Canada?

Posted in Agriculture, Customs Law, Imports Restrictions

The commercial production of industrial hemp was legalized in Canada in 1997.  Industrial hemp is different from cannibis, which the Liberal government announced would be legalized in Canada on July 1, 2018.  Canada is one of a limited number of countries that has legalized industrial hemp.  For Canadian purposes, the definition of “industrial hemp” is found… Continue Reading

Non-Resident Importers Having Difficulties Dealing With The CBSA

Posted in Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, GST/HST, origin, tariff classification, valuation

Last week, I was informed by four different U.S. non-resident importers (or their representatives) that the non-resident companies were frustrated in their dealings with the Canada Border Services Agency (“CBSA”) – to the point that they may cease selling to Canadian customers.  While some of the complaints were more connected with customs brokers, many of the complaints… Continue Reading

Canada Day: Survival Guide For Canada-US Cross Border Travel

Posted in Border Security, Canada's Federal Government, Cross-border trade, Customs Law, Imports Restrictions, NEXUS, Proceeds of Crime/Money Laundering

The Canada Day long week-end will be here soon.  Canadians travel outside Canada to visit friends and family and to shop.  The Canada Border Services Agency (“CBSA”) is on the lookout for contraventions of the Customs Act and other border laws. Here is our survival guide to make sure the CBSA is happy with your declaration… Continue Reading

Importers Must Pay Customs Assessments In Canada To Perfect Appeal

Posted in Canada's Federal Government, Cross-border trade, Customs Law, origin, tariff classification, valuation

We were asked recently whether a non-resident importer could ignore paying a Canadian customs detailed adjustment statement (“DAS”) and continue to import goods into Canada (just thumb their noses up at the Canadian government). The answer provided is that a non-resident importer (and a Canadian resident importer) should not consider something so foolish.  Under Canadian law,… Continue Reading

Global Affairs Canada Tables 2016 Annual Report on Exports In House of Commons

Posted in Aerospace & Defence, Border Security, Canada's Federal Government, Corporate Counsel, Export Controls & Economic Sanctions, Imports Restrictions

On June 20, 2017, Hon. Diane Lebouthiller (Minister of National Revenue) tabled (see page 13032 of Hansard) the 2016 Annual Report to Parliament on the Administration of the Export and Import Permits Act (the “2016 Annual Export Controls Report”)  The Report is required under Standing Order 32(2) and section 27 of the Export and Import Permits… Continue Reading

Canada’s Standing Committee On Foreign Affairs And International Development Amends Canada’s Magnitsky Act

Posted in Export Controls & Economic Sanctions

Canada’s Magnitsky Act is not yet law.  Bill S-226 “Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)” started as a Senate bill and has passed third reading in Canada’s Senate on April  11, 2017. On April 13, 2017, Bill S-226 passed first reading in Canada’s House of Commons and passed second reading… Continue Reading

Can Canadian Importers Claim CETA Preferential Tariff Treatment If Goods Are Transshipped?

Posted in Canada-EU CETA

One question we have been asked is whether Canadian importers will be able to claim Canada-EU CETA duty-free tariff treatment if the EU-origin goods are imported into Canada from the United States or some other non-EU country after provisional implementation of the Canada-EU CETA.  It is common for Canadian importers to purchase from distributors in… Continue Reading

What Does The CBSA Review During A Customs Valuation Verification?

Posted in AMPs, Customs Law, valuation

Canadian importers (especially non-resident importers and those related to a foreign entity) may, someday, be contacted by the Canada Border Services Agency (“CBSA”) to conduct a customs valuation verification.  Current CBSA valuation verification priorities include apparel (Chapters 61 and 62) and food preparations and pastrycook’s products (Chapter 19).  In January 2017,  the CBSA announced that… Continue Reading

How Can I Get My NEXUS Card Back When It is Cancelled/Confiscated By The CBSA?

Posted in Agriculture, Border Security, Canada's Federal Government, Cross-border trade, Currency Reporting, Customs 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), (3)… Continue Reading

Compliance Confusion !!!!

Posted in Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Legal Developments

Originally published by the Journal of Commerce in June 2017 Even in the current environment, there remains massive confusion about what is and is not permitted under U.S. law when it comes to trading with Cuba and Iran.  The President is expected in the next few days to reverse some of the openings created by… Continue Reading

Damned If You Do/Damned If You Don’t: Foreign Extraterritorial Measures Act and Trump’s Cuba Policy

Posted in Canada's Federal Government, Corporate Counsel, Cross-border trade, Export Controls & Economic Sanctions, Exports, Imports Restrictions, Politics, U.S. Federal Government

On June 16, 2017, President Trump gave a speech in Miami and announced he was reversing some of President Obama’s Policy on Cuba. Just as Canadian businesses were getting used to the Obama Policy on Cuba, there has been a partial snap-back.  Not only has there been a partial snap-back, there is a stronger enforcement… Continue Reading

Parliamentary Committee Makes 8 Recommendations Regarding Canada’s Steel Industry

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

On June 15, 2017, the Standing Committee on International Trade released Report No. 7 “The Canadian Steel Industry’s Ability to Compete Internationally”.  This Report is helpful to Canadian steel producers and not very helpful to steel importers.  China will not be pleased to read that the Committee recommends non-market economy status remain in place in… Continue Reading

Trans-Gender Rights To Be Added To Canada’s Human Rights Code And Suggestions For The CBSA

Posted in Canada's Federal Government

On June 15, 2017, Canada’s Senate passed Bill C-16 “An Act to Amend the Canadian Human Rights Act and the Criminal Code” at third reading.  Canada’s Senate has a majority of Conservative Senators. On November 18, 2016, Bill C-16 passed third reading in Canada’s House of Commons.  The Liberals are the majority in the House of… Continue Reading

Canada’s Privacy Commissioner Raises Concerns About USCBP Searches Of Electronic Devices

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

On June 8, 2017, Canada’s Privacy Commissioner sent a letter to the Parliamentary Committee reviewing Bill C-23 “Preclearance Act, 2016” to ask for amendments to cover searches of electronic devices by US Customs and Border Protection in Canada’s Pre-Clearance Areas.  Bill C-23 has passed second reading in Canada’s House of Commons and is currently being… Continue Reading

Canada May Not Celebrate CETA Provisional Implementation on July 1, 2017

Posted in Canada's Federal Government, Canada-EU CETA, Cross-border trade, Customs Law, Government Procurement, Imports Restrictions

Months ago it was announced that the Canada-EU Comprehensive Economic and Trade Agreement (“Canada-EU CETA”) would be provisionally implemented on July 1, 2017.  Bill C-30 “Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act“ received Royal Assent on May 16, 2017.  This does not mean that Canada has taken the formal steps required to ratify… Continue Reading

U.S. Boaters Soon Will Be Able To Venture Into Canadian Waters Without Reporting To Canada Customs

Posted in Customs Law

On June 12, 2017, the Canadian Parliament passed at third reading Bill S-233 “Conveyance Presentation and Reporting Requirements Modernization Act”, which is a bill that already passed in Canada’s Senate on April 11, 2017.  What this means is that Bill S-233 will become law as soon as it receives Royal Assent (which should occur soon). … Continue Reading

US ITC Makes Preliminary Determination to Continue Boeing-Bombardier Aircraft Dispute

Posted in Uncategorized

On June 9, 2017, the United States International Trade Commission (“US ITC”) voted on and made affirmative preliminary determinations in its preliminary injury phase antidumping and countervailing duty investigations concerning 100- to 150-Seat Large Civil Aircraft from Canada.  Reasons may not be available for a few weeks to a month. The US ITC often issues affirmative preliminary… Continue Reading

How Does The UK Election Results Affect Canada-UK Trade?

Posted in Canada-EU CETA, Trade Agreeements

On June 8, 2017, the election in the United Kingdom saw the May Conservative Government go from a majority Conservative Government to a minority Conservative Government (possibly to be supported by the Democratic Unionist Party). On June 23, 2016 (almost a year ago), the United Kingdom voted for Brexit (that is, to exit the European Union)…. Continue Reading

Canada Initiates New Antidumping Case Against Carbon And Alloy Steel Line Pipe From South Korea

Posted in Antidumping, Trade Remedies

On June 8, 2017, the Canada Border Services Agency (“CBSA”) issued a Notice of Initiation stating that it has initiated an antidumping case against carbon and alloy steel line pipe from South Korea.  This is not the first line pipe case.  In 2016, the CBSA initiated an antidumping case against line pipe from China and… Continue Reading

Exporters Who Receive De Minimis Dumping Margins in Canadian AD Cases Now Being Excluded From Final Orders

Posted in Antidumping, Trade Remedies, World Trade Organization

Foreign producers and exporters who receive a de minimis dumping margin (2% or less) in a Canadian antidumping case are now being excluded from final injury orders (that is, final orders for the imposition of antidumping duties).  What this means is that any foreign producer or exporter who priced at undumped levels (above domestic selling… Continue Reading