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

Category Archives: Customs Law

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NOT SO FAST!

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Antidumping, Border Security, Controlled Goods Program, Corporate Counsel, Cross-border deals, Cross-border trade, Currency Reporting, Customs Law, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Politics, Tax, Trade Agreeements, Trade Remedies, Transportation

Originally published by the Journal of Commerce – November 2016 Fans of ESPN’s College Game Day© will recognize this tag line from the reaction of Lee Corso when he disagrees with others when panelists predict winners of selected college football games. If you prefer a different sports metaphor, there is Aaron Rodger’s 2014 now famous… Continue Reading

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

CBP C-TPAT Top Ten Tips for Points of Contact

Posted in Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Legal Developments

Thanks to one of the CBP Supply Chain Security Specialists for sharing this top ten list for portal points of contract – make sure:  All Point of Contacts in web portal are current.  All your C-TPAT partners SVI numbers are listed in the web portal field.  You have a list of all your non-C-TPAT global… Continue Reading

It’s All About Compliance – Part 2 – Import Classification

Posted in Aerospace & Defence, Corporate Counsel, Customs Law, tariff classification

This Alert is one in an occasional series of articles providing tips about various topics which come up routinely with import and export transactions.  These articles/tips are published with the intention to provide suggestions to aid international traders in their on-going efforts to get their declarations right the first time, and are based on situations… Continue Reading

It’s All About Compliance – Part 1 – Value

Posted in Corporate Counsel, Cross-border trade, Customs Law, Legal Developments, Trade Agreeements, valuation

This Alert is one in an occasional series of articles providing tips about various topics which arise routinely with import and export transactions.  These tips are published with the intention to aid international traders in their on-going efforts to get their declarations right the first time, and are based on situations we commonly see occurring…. Continue Reading

The CBSA (as Administrator of Laws) Must Follow CITT Decisions (Subject to Limited Exceptions)

Posted in Antidumping, Cross-border litigation, Customs Law, Government Procurement, Imports Restrictions

This case is a must-read for all customs and trade lawyers.  This case is a must- read by other administrative lawyers who appear before quasi-judicial tribunals. The general administrative law rules for law enforcers and tribunals have been clarified in simple, understandable terms. May there be greater certainty, greater predictability and finality as a result of this… Continue Reading

What Is An Export Control List Item Number?

Posted in Aerospace & Defence, Cross-border trade, Export Controls & Economic Sanctions, Exports, tariff classification

An Export Control List Item Number (the “ECL Item Number”) is the Canadian identification or classification number that must be provided on export permit applications made under the Export and Import Permits Act and, if the good is subject to economic sanctions, requests for ministerial authorizations. All goods that are subject to Canada’s export controls… Continue Reading

Importing Goods From China: Three Things You Must Do To Minimize Border Costs

Posted in Antidumping, Customs Law, GST/HST, Imports Restrictions, Intellectual Property, origin, tariff classification, Trade Remedies, valuation

Canadian businesses, small, medium and large import goods from China. It is a reality in a globalized supply chain.  Many Canadian businesses buy Chinese-origin goods from suppliers in a third country (e.g., the United States). Most businesses understand that they must pay all applicable customs duties at the time of importation.  Many companies understand that… Continue Reading

SME Importing and Exporting Toolkits Posted on the CBSA Website

Posted in AMPs, Border Security, Canada's Federal Government, Customs Law, Export Controls & Economic Sanctions, Exports, GST/HST, Imports Restrictions, NAFTA, NEXUS, origin, tariff classification, valuation

On August 22, 2016, the Canada Border Services Agency (“CBSA”) posted on its website toolkits for small to medium sized enterprises.  The toolkits cover (1) importing, (2) exporting, (3) other CBSA resources, (4) other governmental resources and (5) contact information.  However, the CBSA did not include the posting of the toolkits in its “Latest News”… Continue Reading

Making NAFTA Relevant Again! Why Did The Chicken Not Cross The Border?

Posted in Cross-border trade, Imports Restrictions, NAFTA, tariff classification, Uncategorized

Canada’s Minister of Agriculture, Mr. MacAulay, has said that five Canadian companies have lost their certification to import chicken, stemming from another trade problem related to U.S. imports. The revocations of import privileges relate to mislabeling of good chicken as spent fowl.  An investigation was started after a surge in imports of high-quality made-for-meat “broiler”… Continue Reading

Making NAFTA Relevant Again! A Look At Certificates of Origin.

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

Donald Trump and Hillary Clinton talked about the North American Free Trade Agreement (“NAFTA”) during the U.S. Presidential Debate on September 26th.  Donald Trump and Hillary Clinton spoke about NAFTA during the primaries and on the campaign trail.  NAFTA is relevant again!  This is good for customs lawyers and trade lawyers.  With all this talk… Continue Reading

What Is An H.S. Tariff Classification Number?

Posted in Cross-border trade, Customs Law, Imports Restrictions, tariff classification

An H.S. Tariff Classification Number is a 10 digit number that must be provided on import documentation in order to communicate what is the good that is being imported. Theoretically, every type of good is covered by the H.S. Tariff Classification Numbers and each good can be matched with a number.  The Canada Border Services Agency… Continue Reading

How Canadian! The Supreme Court of Canada’s First Tariff Classification Decision Is For Hockey Gloves

Posted in Customs Law, Legal Developments, tariff classification

On September 29, 2016, hours before Canada won the World Cup of Hockey, the Supreme Court of Canada issued its first tariff classification decision since Canada signed the International Convention on the Harmonized Commodity Description and Coding System in 1998. At the heart of the decision was the proper tariff classification for goalie gloves, known… Continue Reading

How To File A Complaint Against The Canada Border Services Agency

Posted in Canada's Federal Government, Customs Law, Export Controls & Economic Sanctions, Exports, Immigration law, Imports Restrictions, NEXUS

In writing this blog post, we are not advocating filing baseless, frivolous, vexatious and retaliatory complaints against Canada Border Services Agency (“CBSA”) officers. However, we have learned from the experience of our clients that some legitimate complaints arise from time-to-time.  It is in the spirit of transparency and openness that we have decided to write… Continue Reading

What Is A “Customs Controlled Area”?

Posted in Border Security, Canada's Federal Government, Corporate Counsel, Cross-border trade, Currency Reporting, Customs Law, Exports, Immigration law, Imports Restrictions, NEXUS, origin, Personal Comments, Proceeds of Crime/Money Laundering, tariff classification, valuation

On April 27, 2016, the Canada Border Services Agency (“CBSA”) released Guide BS5156 “What you need to know about Customs Controlled Areas”. In this one page document, the CBSA informs the public that a “customs controlled area” is: “A designated area where there is a likelihood that domestic employees or domestic origin travellers leaving Canada will come… Continue Reading

Canada Border Services Agency Revised Code of Conduct Is Published Online

Posted in Border Security, Canada's Federal Government, Cross-border trade, Currency Reporting, Customs Law, Export Controls & Economic Sanctions, Exports, Immigration law, Imports Restrictions, NEXUS, Personal Comments, Politics, Proceeds of Crime/Money Laundering

On August 16, 2016, the Canada Border Services Agency (“CBSA”) posted its revised Code of Conduct, to which all CBSA officers must adhere. The three “values” pillars of the CBSA Code of Conduct are (1) Respect, (2) Integrity and (3) Professionalism. Respect The CBSA makes the following statements in the Code of Conduct regarding “Respect”: Respect… Continue Reading

What Should Canadian Businesses Know About Canadian Goods Returned For Warranty Repairs?

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

One area of confusion for many small and medium Canadian businesses is the customs treatment of goods manufactured in Canada that are sold outside Canada (and exported), but have to be returned temporarily for warranty repairs. The goods manufactured in Canada may be entirely Canadian input content or may be made partly with foreign inputs. … Continue Reading

What Can I Do If My NEXUS Card Is Confiscated By The CBSA?

Posted in Border Security, Customs Law, Immigration 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),… Continue Reading

What Should I Do If The CBSA Seizes My Currency or Monetary Instruments?

Posted in Border Security, Canada's Federal Government, Currency Reporting, Customs Law, Exports, Imports Restrictions

On September 9, 2016, the Globe and Mail published an article entitled “Seizures of undeclared cash spike at Vancouver International Airport“, which reports that the CBSA “confiscated more than $13-million in hidden currency from 792 Chinese people passing through Vancouver International Airport”.  The CBSA seizes undeclared currency and monetary instruments at all of Canada’s airports… Continue Reading

Checklist for Exporting Commercial Goods From Canada

Posted in Customs Law, Export Controls & Economic Sanctions, Exports

On August 19, 2016, the Canada Border Services Agency (“CBSA”) posted on its web-site a “Checklist for Exporting Commercial Goods from Canada”.  On January 25, 2016 (updated August 19, 2016), the CBSA also published a “Step-by-Step Guide to Exporting Commercial Goods from Canada“. The first thing is that exporters must know is what the CBSA… Continue Reading

Labour Day Long Week-End: Survival Guide For Canada-US Cross Border Travel

Posted in Border Security, Customs Law, NEXUS, valuation

The Labour Day long week-end is upon us.  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

Free Trade Does Not Mean A Free Pass

Posted in Customs Law, origin

Canada has entered into free trade agreements (and has active free trade agreements) with a number of countries, including the United States, Mexico, Israel, Chile, Jordan, Iceland, Norway, Sweden, Lichtenstein, Peru, Colombia, Panama, Honduras, Costa Rica and South Korea.  Under these free trade agreements, the duties on certain goods have reduced to 0%.  Importers claim… Continue Reading

What Some People Have In Their Cars When They Cross The Canada-US Border?????

Posted in Border Security, Customs Law

On August 26, 2016, the Canada Border Services Agency (“CBSA”) issued a News Release entitled “Rocket launcher and grenades seized in Southern Ontario Region“.  Apparently, in July, two men from Louisiana attempted to cross at the Peace Bridge with an undeclared disposable rocket launcher tube and two undeclared grenades. Eventually, the devices were deemed to be… Continue Reading