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

Category Archives: Agriculture

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Fruit and Vegetable/All Importers Beware

Posted in Agriculture, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Exports, valuation

In July 2016, the Houston Regulatory Audit office sent a letter to a number of large importers cautioning them to be sure their value declarations were correct, underscoring CBP’s position by pointing recipients to a long list of CBP informed compliance publications, and touting the advantages of correcting any errors by way of a prior… Continue Reading

It Remains All About Compliance Programs!

Posted in Agriculture, Corporate Counsel, Cross-border trade, Customs Law

Originally published by the Journal of Commerce – November 2016 In early October, Customs and Border Protection (CBP) sent a letter to all the fruit and vegetable importers asking them to identify the basis on which they are declaring the value of their imported produce. The precursor was a realization by CBP that not all… Continue Reading

What Does The Election of President Trump Mean For Canada?

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Cross-border deals, Cross-border trade, Elections, Export Controls & Economic Sanctions, Immigration law, NAFTA, Softwood Lumber, State Governments, Trade Agreeements, Trade Remedies

On November 8, 2016, Donald Trump was elected President of the United States.  What does this mean for Canadian businesses in terms of trade? President-elect Trump has said he is opposed to the TransPacific Partnership Agreement (“TPP”).  It is highly unlikely that TPP will be ratified.  Canada will have to negotiate strategic bilateral free trade… Continue Reading

ACE Allows For Stricter Customs Enforcement

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Legal Developments, Trade Agreeements, Trade Remedies

Originally Published by the Journal of Commerce in August 2016 In the face of its recent reorganization and enhanced computer system, it was really only a matter of time before the trade community started to see Customs and Border Protection (“CBP”) better organize its enforcement efforts, and now the first tangible step has been publicly… Continue Reading

What Is The Difference Between A Red/Green Olive And A Black Olive?

Posted in Agriculture, Customs Law, tariff classification

The answer to this question is found in the recent Canadian International Trade Tribunal (“Tribunal”) tariff classification appeal case of Délices de la Forêt Inc. v. President of the Canada Border Services Agency (“CBSA”), AP-2015-018. The issue in this case was whether green and red olives in brine in a glass jar were properly classified… Continue Reading

Think About Bureaucratic Red Tape: Government of Canada Consults on Origin Quotas in the Canada-EU CETA

Posted in Agriculture, Canada's Federal Government, Cross-border trade, Imports Restrictions

On June 20, 2016, Global Affairs Canada posted an Invitation to comment on the administration of the new Tariff Rate Quotas and Origin Quotas that will be established under the Canada-European Union Comprehensive Economic and Trade Agreement. The Origin Quotas relate to high-sugar containing products, sugar confectionery and chocolate preparation, processed food, dog and cat… Continue Reading

Say Cheese: Government of Canada Consults on New Tariff Rate Quotas in the Canada-EU CETA

Posted in Agriculture, Canada's Federal Government, Cross-border trade, Imports Restrictions

On June 20, 2016, Global Affairs Canada posted an “Invitation to comment on the administration of the new Tariff Rate Quotas and Origin Quotas that will be established under the Canada-European Union Comprehensive Economic and Trade Agreement“. The Tariff Rate Quotas relate to cheese and industrial cheese. What is a Tariff Rate Quota? A Tariff… Continue Reading

How Much Dairy Does General Import Permit #1 Allow?

Posted in Agriculture, Canada's Federal Government, Customs Law, Imports Restrictions, NEXUS

Many Canadians cross border shop but do not realize that not all groceries can be imported into Canada.  Most dairy products are subject to import restrictions.  Many businesses who import dairy products (and eggs and poultry) know about the import restrictions.  The average Canadian does not. Some individuals who cross border shop buy too much… Continue Reading

IREP Disputes Must Be Handled With Care

Posted in Agriculture

From time to time, importers who import dairy products (e.g., cheese, milk, butter) pursuant to the Import For Re-Export Program (IREP) may have a dispute with the Department of Global Affairs Canada (formerly DFATD and DFAIT) or the Canada Border Services Agency. Pursuant to the IREP Program, Canadian processors may obtain approval from Global Affairs… Continue Reading

Privacy Shield Takes More Hits

Posted in Aerospace & Defence, Agriculture, Anti-Trust/Competition Law, Border Security, Constitutional Law, Corporate Counsel, Cross-border deals, Cross-border litigation, Energy, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Intellectual Property, Labour, Legal Developments, Tribunals

Just in the last week, both the European Parliament and the European Data Protection Supervisor (“EDPS”) published findings holding the currently proposed EU-US Privacy Shield to be seriously deficient, and calling for further negotiations to deal with those “holes”. On May 26, 2016, the European Parliament passed a resolution, see EU Parliament Resolution, basically saying… Continue Reading

SOLAS: SAVES LIVES? CAUSES ULCERS?

Posted in Aerospace & Defence, Agriculture, Border Security, Controlled Goods Program, Corporate Counsel, Cross-border deals, Cross-border litigation, Cross-border trade, Customs Law, Exports, Government Procurement, Legal Developments, Trade Remedies, Transportation

On July 1, 2016, the Safety of Life at Sea (“SOLAS”) requirement for shippers to provide steamship lines with the verified gross mass (“VGM”) of each shipment takes effect internationally. While under development at the International Maritime Organization for years, these requirements caught many in the U.S. by surprise last summer when the deadline was… Continue Reading

Everyone Deserves To Have Secrets – Defend Trade Secrets Act of 2016

Posted in Aerospace & Defence, Agriculture, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border litigation, Cross-border trade, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Intellectual Property, Legal Developments

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA) which brought with it a new era of accountability and expediency in protecting employers’ intellectual property. Whether proprietary lines of code in a software program, the secret recipe for fried chicken or highly-valued customer lists, “trade secrets” provide… Continue Reading

Costs of Compliance –The Missing Element

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border litigation, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Intellectual Property, Legal Developments, NAFTA, origin, tariff classification, Trade Agreeements, Trade Remedies, U.S. Federal Government, valuation

Originally published by the Journal of Commerce in May 2016 Only three (3) years ago, when Tom Winkowski was Acting Commissioner of Customs and Border Protection (“CBP”) and John Morton the Director of Immigration and Customs Enforcement (“ICE”), both of them acknowledged publicly how their respective agencies had lost such significant depths of knowledge and… Continue Reading

Canadian Manufacturers in the Agri-Food Sector Have an Opportunity to Eliminate Customs Duties

Posted in Agriculture, Canada's Federal Government, Customs Law

On April 22, 2016, the Federal Government of Canada (in particular, the Department of Finance) launched public consultations on the elimination of unrecoverable customs duties (MFN rate) payable on imported manufacturing ingredients by manufacturers in the agri-food sector.  The consultation were first announced in the 2016 Federal Budget. The submissions are due on or before… 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

Trans-Pacific Partnership: Bane or Boon?

Posted in Agriculture, Antidumping, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Exports, Imports Restrictions, Intellectual Property, Legal Developments, origin, Trade Agreeements, Trade Remedies

Originally published by the Journal of Commerce in November 2015 As every international trader worth his/her salt knows, the text of the Trans-Pacific Partnership was released on November 5th. Given word from the Executive Branch is the agreement is still being “scrubbed”, it is reasonable to conclude the text is not yet final, but is… Continue Reading

U.S. Customs and Border Protection Has ACE Up Its Sleeve

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Corporate Counsel, Cross-border trade, Customs Law, Exports, Government Procurement

A version of this article was also published by the Journal of Commerce in February 2016. What a difference a few days make! Up until Monday, February 8th, it was understood that on February 28th, CBP entries, and those filed with the Food and Drug Administration (FDA), the National Highway Traffic Safety Administration (NHTSA) and… Continue Reading

ACE Deadline Reminder for Imports and Exports

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Corporate Counsel, Criminal Law, Cross-border trade, Customs Law, Exports

On February 28, 2016, those involved with imports and exports are preparing to undergo a major transition. As of that date, all entries must be filed using the new Automated Commercial Environment (ACE) system. ACE not only replaces the current Customs and Border Protection (CBP) system, but is designed to reengineer CBP’s operational processes; develop… Continue Reading

IREP Disputes Must Be Handled With Care

Posted in Agriculture, Imports Restrictions

From time to time, importers who import dairy products (e.g., cheese, milk, butter) pursuant to the Import For Re-Export Program (IREP) may have a dispute with the Department of Global Affairs Canada (formerly DFATD and DFAIT) or the Canada Border Services Agency. Pursuant to the IREP Program, Canadian processors may obtain approval from Global Affairs… Continue Reading

Canadian Trade Law Predictions for 2016

Posted in Agriculture, Border Security, Canada's Federal Government, Customs Law, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption

I do not know for certain what will happen in 2016 in terms of Canadian trade issues.  However, I can make a few educated predictions: 1. Canada will continue its economic sanctions against Russia and may add new designated persons in 2016.  The Trudeau Government may be less willing to expand economic sanctions into new… Continue Reading

Food Supplements vs Medicaments: The HS Tariff Classifications In Canada May Be Different Than the USA

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

We are regularly asked questions about the tariff classification for Canada customs duty purposes of health food products.  Certain products that are classified in the United States under HS Code 2106 are classified under HS Codes 3003 (medicaments not in measured doses) or 3004 (medicaments in measured doses) for Canada customs purposes.  This is an… Continue Reading

What Will Canada Do Now? Canada May Put Duties On Over $1 Billion Annually From the USA

Posted in Agriculture, Cross-border trade, Customs Law, World Trade Organization

The World Trade Organization has agreed with Canada that the United States has not modified its laws to remove Country of Origin Labelling (COOL) violations and a WTO Arbitration Panel has ruled that “Canada may request authorization from the Dispute Settlement Body to suspend concessions and related obligations in the goods sector under the GATT… Continue Reading

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

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