Canada-US Blog has received the following information from Birgit Matthiesen, Special Advisor to the President and CEO of the Canadian Manufacturers & Exporters: The Los Angeles Times reports that “there are in-state manufacturers that want to see the adoption of an official label that declares Made in California. State Sen. Ellen M. Corbett (D-San Leandro)… Continue Reading
Category Archives: Cross-border trade
Subscribe to Cross-border trade RSS FeedWhat Should You Do When You Hear A Rumour About An Antidumping Case
Posted in Cross-border deals, Cross-border trade, Customs Law, Trade RemediesSometimes the rumour mill churns news about a potential anti-dumping and/or countervailing duty case before it is officially initiated by the Canada Border Services Agency (CBSA). Importers and exporters ask how they can mitigate risk. Importers and exporters have an opportunity to get organized and prepare their documentation in advance – the extra time may… Continue Reading
The Canada Border Services Agency Expects Canadians To Report Imports/Exports of Cheques Over $10,000
Posted in Border Security, Cross-border deals, Cross-border trade, Customs Law, FCPA/Anti-CorruptionThe Canada Border Services Agency (CBSA) expects Canadians returning to Canada to report cash, travelers cheques, personal cheques, money orders, bank drafts, promissory notes, stocks, bonds, debentures, treasury bills, and other monetary instruments that combined exceed $10,000. Example 1: If a lawyer receives payment from a client in the United States (the bill was over… Continue Reading
Canada-Panama Free Trade Agreement Comes Into Effect
Posted in Cross-border trade, Trade AgreeementsOn April 1, 2013, the Canada-Panama Free Trade Agreement came into effect. On March 18, 2013, the Canada Border Services Agency (CBSA) issued Customs Notice CN-2013-005 “Implementation of the Canada-Panama Free Trade Agreement (CPAFTA)”. A copy of the CPAFTA may be found on the Department of International Trade web-site. The CPATFTA was signed on August… Continue Reading
Canada’s Tariff Treatments (as at April 1, 2013)
Posted in Cross-border trade, Customs LawCanada does not have a single customs duty or tariff rate for all imports. Over the years, Canada has entered into a number of preferential trading arrangements (e.g., NAFTA) and international agreements (e.g., WTO) that set preferential tariff rates. The following table sets out Canada’s tariff rate categories under the Customs Tariff (Canada) and the… Continue Reading
If the CBSA Seizes Your Goods and Mistakenly Destroys Your Goods, You May Seek Compensation
Posted in Cross-border litigation, Cross-border trade, Customs LawIt does not happen often – but, from time to time, the Canada Border Services Agency (CBSA) destroys detained goods by mistake. Goods that are being importer or that are being exported may be detained and destroyed in error. One of our clients experienced a shock when the CBSA wrote to them to say that… Continue Reading
End Use Certificates For Imports Into Canada: Have Them Ready To Present
Posted in Cross-border deals, Cross-border trade, Customs LawMany importers/exporters are familiar with End Use Certificate requirements for export transactions, which are provided to give information for export controls / economic sanctions purposes. It is important to realize that a different form of End Use Certificate may be required for import purposes when an importer has classified goods pursuant to special duty relieving… Continue Reading
Sailing Too Close To The Legal Winds: Carrying Large Amounts of Cash Across the Border
Posted in Border Security, Cross-border trade, Customs Law, FCPA/Anti-CorruptionIn the recent decision of Docherty v. Minister of Public Safety and Emergency Preparedness, (2012 FC 723) Federal Court of Appeal judge Phelan wrote as the first line of the decision: “This is a case of a traveller sailing too close to the legal winds. But for greed, this Applicant would not be in Court.”… Continue Reading
If You Have Commercial Goods, Do Not Use the NEXUS Line/Lane at Customs
Posted in Cross-border deals, Cross-border trade, Customs Law, NEXUSLately, a number of clients have called with incident reports involving either the Canada Border Services Agency (CBSA) or U.S. Customs and Border Protection (USCBP) confiscating NEXUS passes from business travelers because the traveler had commercial goods in the NEXUS line/lane. In all cases, the business traveler properly declared the value of the goods and/or… Continue Reading
Canada Border Services Agency Has Difficulties With Cross-Border Private Sales
Posted in Cross-border deals, Cross-border trade, Customs LawWhen a Canadian resident purchases goods outside Canada, they must declare the goods when returning to Canada. When the individual is over the exemption limit ($800 for stays outside Canada exceeding 48 hours, $50 for same day), they must pay applicable customs duties, GST/HST, excise taxes and other imposts and charges. Many individuals purchase big… Continue Reading
Top Fifteen Questions To Ask Prior To Importing Goods Into Canada
Posted in Border Security, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, GST/HST, Sales TaxesWe thought it would be helpful to provide our top fifteen questions to ask and answer prior to importing goods into Canada. We started with a top ten list and then decided to give a 50% bonus. 1. What is the tariff classification of the goods to be imported (the answer can be simple or… Continue Reading
Canada Has Taken Steps To Empower Customs Officials To Stop Counterfeit Goods At The Border
Posted in Canada's Federal Government, Cross-border litigation, Cross-border trade, Customs Law, Intellectual PropertyOn March 1, 2013, the Government of Canada introduced Bill C-56 “Combating Counterfeit Products Act” in the House of Commons. Bill C-56 provides copyright and trademark owners with a Canadian legal process to stop the import and export of counterfeit goods and take those goods out of the commercial stream. This legal process is an… Continue Reading
Where Are We Headed?
Posted in Cross-border trade, Customs LawOriginally published by the Journal of Commerce in December 2012 What happens in the regulatory arena over the next year depends in great measure on how disciplined Congress becomes. For example, where will budget cuts hit the various regulatory agencies? Will new laws be enacted which require agencies to take on significant new responsibilities but… Continue Reading
What Is Yet To Come?
Posted in Cross-border trade, Customs Law, Legal DevelopmentsOriginally published by the Journal of Commerce in November 2012 The 2012 election is over with – thank goodness! It was an election long on attack ads and generalities, short on well-articulated positions, and generally one of the most negative election cycles the country has seen in a very long time. Much hand-wringing will occur… Continue Reading
What Happened With My Continuous Bond?
Posted in Anti-Trust/Competition Law, Cross-border trade, Customs Law, Legal DevelopmentsOriginally published by the Journal of Commerce in June 2012. One of the surety companies, which is a major player in the Customs bond market, recently sent a general notice reminding customs brokers that when an importer has a continuous bond, it is an increased risk indicator if CBP starts demanding single transaction bonds. While… Continue Reading
NEXUS Travelers Must Carefully Maintain Receipts Over Thanksgiving
Posted in Border Security, Cross-border trade, Customs Law, TaxBlack Friday and Thanksgiving week-end often ends in tears and frustration as Canadian travelers run into difficulties at Canada-US border crossings and at airports. Canadians join in the U.S. tradition of bargain shopping on Black Friday and over Thanksgiving week-end. Problems arise when Canadians do not have all of their receipts in order from their shopping trip. … Continue Reading
The Government Generally Gets Its Way
Posted in Cross-border trade, Customs Law, UncategorizedOriginally published by the Journal of Commerce in January 2012 – Did you see the press coverage in August 2011 surrounding the raid by Fish + Wildlife and Homeland Security (ICE) Investigators on Gibson Guitar’s facilities in Nashville and Memphis, TN? As that case proceeds, one is forced to contemplate its relationship to the November… Continue Reading
Protecting Your Intellectual Property
Posted in Border Security, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Intellectual PropertyAt a recent program in Los Angeles, “IP Meets Pacific Rim, ” Perry Woo of Homeland Security Investigations (“HSI,” previously Immigration and Customs Enforcement) and Anne Maricich of Customs and Border Protection (“CBP”) described ways companies can protect their IP rights which are worth repeating. Mr. Woo, Assistant Special Agent in Charge in the Los… Continue Reading
Canada Notifies Public Concerning Canada-Ukraine FTA Environmental Assessment and Seeks Comments
Posted in Cross-border tradeIn the December 10, 2011 Canada Gazette, Part I (Volume 145, No. 50), Canada’s Department of Foreign Affairs and International Trade issued the following Notice: DEPARTMENT OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE NOTICE OF INTENT TO CONDUCT AN ENVIRONMENTAL ASSESSMENT OF THE CANADA-UKRAINE FREE TRADE AGREEMENT The Government of Canada is now conducting an Environmental… Continue Reading
United States Trade Representative Seeks Public Comments on Canada Joining Trans-Pacific Partnership Trade Agreement Negotiations
Posted in Agriculture, Cross-border tradeA “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
Inquiry to be Held on Subsidization of Canadian Ports
Posted in Anti-Trust/Competition Law, Cross-border trade, Politics, TaxBy: Chuck Andary, University of Windsor law student Upon receiving complaints from American ports, the Federal Maritime Commission will hold an inquiry on Canadian ports and whether they are being unfairly subsidized. The ports in question are off the coast of British Columbia and are seeing increased business compared to their American competitors. The central… Continue Reading
Increasing pressure on Canada to reform its intellectual property rights laws
Posted in Cross-border trade, Intellectual PropertyBy: Sarah Rashid, University of Windsor law student Canada signed the historic Anti-Counterfeiting Trade Agreement (ACTA) on October 1, 2011 in Tokyo Japan, which signifies the path towards greater commitment in combating the international trade in counterfeit and pirated goods. ACTA is considered to be a groundbreaking initiative due to the international convergence on intellectual… Continue Reading
Canada wins trade dispute over COOL meat labeling requirements at the WTO against the U.S.
Posted in Cross-border trade, Trade Remedies, World Trade OrganizationBy: Sarah Rashid, University of Windsor law student After much anticipation from Canada in regards to the issue, Canada has won the trade dispute at the World Trade Organization (WTO) pertaining to the country-of-origin labeling (COOL) requirements on beef and pork imposed by the United States. Canada launched a challenge with the WTO in 2008… Continue Reading
Canadian Government Consulting Canadians Re Canada-Israel FTA Expansion
Posted in Canada's Federal Government, Cross-border trade, Intellectual Property, Legal Developments, UncategorizedCanada.com is reporting in an article entitled “Calling for c0mments on Canada-Israel free trade” that the Department of Foreign Affairs and International Trade have asked for comments on the expansion of the existing Canada-Israel Free Trade Agreement by December 30, 2011. The Canada-Israel FTA is one of Canada’s shortest free trade agreements – so there is… Continue Reading
About Cyndee
Cyndee Todgham Cherniak is the founding lawyer of LexSage, a boutique international trade law and sales tax firm in Toronto, Ontario. She has practiced for almost 20 years at Canada’s top Bay Street law firms.
About Su
Su represents companies and entities, in both the administrative and commercial setting, regarding the importation and exportation of goods before various government entities, administrations, federal and state courts and agencies.
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