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

Category Archives: Canada’s Federal Government

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EU-Origin Cosmetics Become Duty-Free Upon Provisional Implementation of CETA

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

On the date of provisional implementation of the Canada-European Union Comprehensive Economic and Trade Agreement (the “Canada-EU CETA”) (June 1 or July 1, 2017), EU-origin cosmetics will become duty free immediately.  Cosmetics are in Chapter 33 of the Harmonized Commodity Description and Coding System.  Canada committed in its Annex 2-A to immediately eliminate customs duties and… Continue Reading

Canadian Manufacturers And Exporters Will Benefit From the Canada-EU CETA Opportunties

Posted in Agriculture, Canada's Federal Government, Canada-EU CETA, Cross-border trade, Exports, Trade Agreeements

The Canada-European Union Comprehensive Economic and Trade Agreement (the “Canada-EU CETA”) creates opportunities for Canadian manufacturers and exporters to sell into the European markets. On the date of provisional implementation, 98% of Canadian-origin goods will be able to enter European Union Members tariff free, compared to just 25 per cent today.  We have prepared a… Continue Reading

The Canada-EU CETA Rules Of Origin For Textiles And Apparel Are More Flexible For Canadian Importers

Posted in Canada's Federal Government, Canada-EU CETA, Cross-border deals, Cross-border trade, Imports Restrictions, origin, tariff classification, Trade Agreeements

Currently, European textile and apparel goods are available in Canada.  When the Canada-European Union Comprehensive Economic and Trade Agreement (“Canada-EU CETA”) is provisionally implemented, more European textiles and apparel goods may be imported into Canada. Canadian importers need to know the new Canada-EU CETA rules for textiles and apparel in order to take full advantage of the… Continue Reading

Canadian Senate Bill Takes Firm Position On Iran Sanctions And Could Add To Sanctions List

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

Canada’s Senate is currently considering Bill S-219 “An Act to deter Iran-sponsored terrorism, incitement to hatred, and human rights violations” (to be called “Non-Nuclear Sanctions Against Iran Act“) which has received little attention. Bill S-219 will, if passed into law, ensure that Canada has the most restrictive economic sanctions regime against Iran of all countries in the World…. Continue Reading

Canada’s 2017 Budget Bill Includes Significant Changes To Canada’s Antidumping/Countervailing Duty Laws

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

On March 22, 2017, Canada’s Federal Government tabled the 2017 Budget.  Hidden within the supplemental documents is a notice of changes to the Special Import Measures Act (“SIMA”) (Canada’s antidumping and countervailing duty law).  These amendments are very important – most are intended to provide domestic producers greater protection. The changes include: SIMA amendments to permit… Continue Reading

Are You Ready for CETA?: 20 Questions That Canadian Importers Should Be Asking

Posted in Canada's Federal Government, Canada-EU CETA, Corporate Counsel, Cross-border trade, Customs Law, Imports Restrictions, origin, tariff classification, Trade Agreeements, valuation

The Canada-European Union Comprehensive Economic and Trade Agreement (“Canada-EU CETA”) is a free trade agreement between Canada and the 28 countries of the European Union.  The Canada-EU CETA is Canada’s largest free trade agreement since NAFTA.   There are opportunities for Canadian importers to save the customs duties on goods that they are currently importing… Continue Reading

Does Canada Have Label Requirements For Imported Goods?

Posted in Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, origin

Canada has a number of requirements mandating that certain goods have labels AND that certain information be communicated on labels and packaging.  Goods may not be imported into Canada if the required markings are not on the goods to be imported.  If goods are not marked properly, the improperly marked goods may be seized by… Continue Reading

Canada Commences Consultations Regarding A Canada-China Free Trade Agreement

Posted in Agriculture, Antidumping, Border Security, Canada's Federal Government, Canada-China FTA, Corporate Counsel, Cross-border deals, Cross-border litigation, Cross-Border Real Estate, Cross-border trade, Customs Law, Energy, Environment, Export Controls & Economic Sanctions, Government Procurement, Immigration law, Imports Restrictions, Intellectual Property, International Arbitrations, Labour, origin, tariff classification, valuation

On March 4, 2017, Global Affairs Canada announced consultations concerning a possible free trade agreement between Canada and China.   Consultations means that Global Affairs Canada is consulting with Canadian interested stakeholders (the free trade agreement negotiations have not started yet – Canada is in a preliminary exploratory stage). Global Affairs Canada has posted information on… Continue Reading

Canada-Ukraine Free Trade Agreement Implementation Act Passes Second Reading In Canada’s Senate

Posted in Canada's Federal Government, Canada-Ukraine FTA, Cross-border trade, Customs Law

On March 7, 2017, BillC-31 “An Act to implement the Free Trade Agreement between Canada and Ukraine“ passed second reading in Canada’s Senate.  Bill C-31 is now being reviewed by the Senate of Canada Standing Committee on Foreign Affairs and International Trade.  After the Report is prepared by the Standing Committee on Foreign Affairs and… Continue Reading

What Will Trudeau Talk To Trump About?

Posted in Agriculture, Border Security, Buy America, Canada's Federal Government, Canada-EU CETA, Cross-border trade, Customs Law, Energy, Export Controls & Economic Sanctions, Government Procurement, Harmonization, Immigration law, Imports Restrictions, Labour, NAFTA, Softwood Lumber, State Governments, Trade Agreeements, U.S. Federal Government

On February 13, 2017, Prime Minister Trudeau will travel to the United States to visit with President Trump. The most important topic for discussion is that Canada-United States relationship. The most important goal is to ensure that trading relationshiop remains strong. This is a fun post, which is based on trade issues between Canada and the… Continue Reading

What Should Justin Trudeau Say To Donald Trump?

Posted in Border Security, Buy America, Canada's Federal Government, Canada-EU CETA, Cross-border deals, Cross-border trade, U.S. Federal Government

On February 12, 2017, Justin Trudeau is traveling to Washington, D.C. to meet Donald Trump at the White House.  What will they talk about?  Hmmm – softwood lumber? Border adjustment tax? NAFTA renegotiation? Common interests? Jobs on both sides of the border? NEXUS Card revocations of Canadians and permanent residents of Canada? Supply management? Harmonization… Continue Reading

The Canada Border Services Is Getting Authority To Open All Cross-Border Mail

Posted in Border Security, Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border litigation, Cross-Border Real Estate, Cross-border trade, Currency Reporting, Customs Law, Legal Developments, Proceeds of Crime/Money Laundering, Tax

The Canada Border Services Agency (“CBSA”) has statutory authority in subsection 99(1) of the Customs Act to open goods that are being imported – this includes letters and packages. Currently, most packages can be opened, including legal documents sent by a law firm to another law firm or a client.  A few years ago I… Continue Reading

Thickening of the Border – What Is Canada’s Concern?

Posted in Border Security, Canada's Federal Government, Cross-border trade, Customs Law, Energy, Exports, Harmonization, Immigration law, Imports Restrictions, NEXUS, Politics, U.S. Supreme Court

The phrase “thickening of the border” equates with increased regulations and costs, which result in difficulties or slow-downs at the border such that goods and people move at the pace of molasses. Border wait times increase as new border charges are paid and shipments are inspected and border officers assess risks.  Any thickening of the… Continue Reading

What Is A Notice of Penalty Assessment?

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

A Notice of Penalty Assessment is the document in which the Canada Border Services Agency (“CBSA”) issues an assessment of an Administrative Monetary Penalty (“AMP”) against an importer. An  AMP is a monetary penalty of a civil nature (rather than criminal) imposed by the CBSA for a contravention of an Act, regulation or by-law. The Master Penalty Document contains all… Continue Reading

What Is The Canadian Process For Voluntarily Disclosing An Export Controls/Economic Sanctions Mistake?

Posted in Aerospace & Defence, AMPs, Border Security, Canada's Federal Government, Cross-border trade, Export Controls & Economic Sanctions, Exports

Mistakes happen.  While the majority of Canadian companies want to comply with Canada’s export controls and economic sanctions laws, violations can occur.  Often when there is an economic sanctions violation, there is also an export controls violation at the same time.  Sometimes, there are export controls violations without an economic sanction violation. There are three procedures… Continue Reading

What Is On Your NAFTA Renegotiation Wish List?

Posted in Aerospace & Defence, Antidumping, Border Security, Buy America, Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Energy, Government Procurement, GST/HST, Immigration law, Intellectual Property, Labour, NAFTA, NAFTA Chapter 11, origin, Politics, Provincial Governments, Softwood Lumber, Trade Agreeements, U.S. Federal Government

President Trump has said that he wants to renegotiate NAFTA.  Rather than taking a negative view of change, ask yourself “What is on my NAFTA Renegotation Wish List?”.  What changes to NAFTA could benefit your business?  What improvements to NAFTA can save your business money?  What adjustments will improve your business’ supply chain?  What should… Continue Reading

Canada’s Two Magnitsky Bills – Will One Get Passed Into Law?

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

At the present time, Canada has two bills (one in the Senate and one Private Member’s bill) that are Magnitsky laws. Senate Bill S-226 “An Act to provide for the taking of restrictive measures in respect of foreign nationals responsible for gross violations of internationally recognized human rights and to make related amendments to the… Continue Reading

Ten Compliance Problems Canadian Companies Face In Complying With Canada’s Economic Sanctions Laws

Posted in Canada's Federal Government, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption

Canadian companies are required to comply with Canada’s economic sanctions laws – and it is not an easy task. Currently, Canada imposes multi-lateral economic sanctions pursuant to the United Nations Act against 16 countries (Central African Republic, Democratic Republic of Congo, Eritrea, Ivory Coast, Iran, Iraq, Lebanon, Liberia, Libya, North Korea, Sierra Leone, Somalia, South… Continue Reading

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

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