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

Category Archives: Agriculture

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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

Canada Has A New Government – What USA Lawyers Should Know

Posted in Aerospace & Defence, Agriculture, Anti-Trust/Competition Law, Border Security, Canada's Federal Government, Environment, Export Controls & Economic Sanctions, Government Procurement, Transportation, U.S. Federal Government

On November 4, 2015, the Trudeau Government was sworn into power at Rideau Hall (that is where Canada’s Governor General lives) in Ottawa.  Prime Minister Justin Trudeau appointed his Cabinet (orders-in-council and regulations are promulgated by this group of law-makers).USA lawyers should know the following about the new Ministers (many are similar to US Secretaries,… Continue Reading

The Trade Remedies Chapter of TPP Will Bring Opportunities for Trade Lawyers

Posted in Agriculture, Antidumping, Cross-border trade, Legal Developments, Trade Remedies

Trade lawyers may have new tools in their tool belt as a result of the Trans-Pacific Partnership Agreement (TPP). So often when one reads about a free trade agreement, a Chapter will jump out as interesting.  Canada has not included a Chapter on trade remedies since NAFTA and the Canada-Chile free trade agreement.  As a… Continue Reading

Canada is a Party to the Historic Trans-Pacific Partnership Agreement

Posted in Aerospace & Defence, Agriculture, Anti-Trust/Competition Law, Border Security, Canada's Federal Government, Cross-border deals, Cross-border trade, Customs Law, Government Procurement, Intellectual Property, International Arbitrations, Legal Developments, Trade Agreeements

On October 5, 2015, the trade ministers of Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam and the United States signed the Trans-Pacific Partnership Agreement (TPP).  TPP is a historic trade agreement.  TPP is a comprehensive trade agreement. For Canada, TPP represents a trade agreement with new parties (Australia, Brunei, Japan,… Continue Reading

What Foods Can Travelers Import Into Canada?

Posted in Agriculture, Border Security, Customs Law, NEXUS

Travelers often arrive with a suitcase of personal effects, including food and plants.  Canada does not permit anything and everything to be imported into Canada.  Before traveling to Canada (or buying foreign foods outside Canada while on vacation and bringing the yummy foods back to Canada), it is wise to consult with the Canada Border… Continue Reading

Proper Internal Controls: A Must

Posted in Aerospace & Defence, Agriculture, Constitutional Law, Corporate Counsel, Criminal Law, Cross-border trade, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Government Procurement, Legal Developments, NAFTA Chapter 11, Trade Agreeements, Trade Remedies, Transportation

Originally published in the October 2014 Journal of Commerce on-line When have you done enough? Based on a recent exchange in a LinkedIn discussion group, there is real disagreement. Despite that lack of concurrence, two court cases decided in the last few months again drive home the point that proper internal controls are a must…. Continue Reading

Cybersecurity

Posted in Aerospace & Defence, Agriculture, Border Security, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border litigation, Cross-border trade, Customs Law, Energy, Environment, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Intellectual Property, NAFTA, Transportation

Originally published in the Journal of Commerce in May 2014. The word cybersecurity causes shudders in the hearts of anyone in the etailing business, and one need to look no further than Target, Michaels, eBay and Neiman Marcus for the latest examples of significant consumer data theft. Unfortunately, cybersecurity and the thought of data being… Continue Reading

Tips For Conducting An Internal Investigation

Posted in Aerospace & Defence, Agriculture, Anti-Trust/Competition Law, Border Security, Buy America, Constitutional Law, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border litigation, Cross-Border Real Estate, Cross-border trade, Customs Law, Energy, Environment, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Government Procurement, Intellectual Property, Labour, Legal Developments, NAFTA, Transportation

Perhaps your computer system was hacked. Maybe you opened a container to find goods in it that did not belong to you (thank goodness they were not dangerous) or perhaps no goods but evidence people lived in the container while it was en route to the U.S., or you found sizable payments made to questionable… Continue Reading

A Wake-Up Call: USCBP Destroy Canadian Flute Virtuoso’s Flutes In Error

Posted in Agriculture, Border Security, Customs Law

On January 1, 2014, the Boston Globe reported in an article entitled “Virtuoso’s flutes destroyed by US Customs” that U.S. Customs and Border Protection (USCBP) opened Boujemaa Razgui’s luggage and destroyed his flutes. Mr. Razgui is a Canadian citizen and is a flute virtuoso who performs regularly with The Boston Camerata. At New York’s JFK… Continue Reading

Fifth Amendment Right Not Absolute

Posted in Aerospace & Defence, Agriculture, Constitutional Law, Corporate Counsel, Criminal Law, Cross-border litigation, Customs Law, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Immigration law, Intellectual Property, Law Schools, Law Students, Legal Developments, State Courts, U.S. Federal Government, U.S. Supreme Court

Silence can be used against an individual based on the U.S. Supreme Court’s holding in Salinas vs. Texas. As such, companies would do well to expand the training they provide to staff to all employees. The failure of individuals to fully understand their legal rights can lead to terrible consequences for those individuals and their… Continue Reading

United States Trade Representative Seeks Public Comments on Canada Joining Trans-Pacific Partnership Trade Agreement Negotiations

Posted in Agriculture, Cross-border trade

A “Request for Comments on Canada’s Expression of Interest in the Proposed Trans-Pacific Partnership Trade Agreement” was published in the Federal Register today (December 7, 2011).  The Offfice of the United States Trade Representative is seeking public comment on the expression of interest by Canada to participate in the Trans-Pacific Partnership Trade Agreement. This a… Continue Reading

California State Legislature Enacts Supply Chain Security Law

Posted in Aerospace & Defence, Agriculture, Cross-border deals, Immigration law, State Governments, Transportation, Uncategorized

Are you covered by S657 – the new California law requiring retailers and manufacturers to inform the public about their efforts to combat slavery and human trafficking? Whether or not you think the California Legislature has improperly stuck its nose into international affairs, the fact remains the law takes effect on January 1, 2012. Human… Continue Reading

More Changes Are Coming

Posted in Agriculture, Customs Law

Originally published by the Journal of Commerce in September 2011. In the August 17, 2011 Federal Register, Customs announced it was eliminating paper courtesy notices of liquidation (CBP Form 4333-A). It claims to be spending $3+ million a year in printing and mailing these notices which advise importers when individual entries are liquidated or finalized…. Continue Reading