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

Category Archives: Customs Law

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Canada Introduces More Preclearance Legislation For People and Goods

Posted in Border Security, Canada's Federal Government, Cross-border trade, Customs Law, Exports, U.S. Federal Government

On June 17, 2016, the Minister of Public Safety and Emergency Preparedness introduced Bill C-23 “an Act respecting the preclearance of persons and goods in Canada and the United States” (to be known as the Preclearance Act 2016“) in the House of Commons.  This proposed legislation does not impose obligations in the United States and… Continue Reading

Canada To Add Export Smuggling Offence into Customs Act

Posted in Border Security, Canada's Federal Government, Controlled Goods Program, Customs Law, Export Controls & Economic Sanctions, Exports, Legal Developments

On June 15, 2016, the Government of Canada introduced Bill C-21 “An Act to amend the Customs Act” in the House of Commons. The amendments to the Customs Act focus on exports of people and goods.  Many of the amendments deal with the gathering of information about the export of goods and people.  However, one… Continue Reading

What Businesses Should Know About Bill C-21 Amendments to Customs Act (Canada)

Posted in Border Security, Canada's Federal Government, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Harmonization, Immigration law, Legal Developments, U.S. Federal Government

On June 15, 2016, Canada’s Minister of Public Safety and Emergency Preparedness introduced Bill C-21 “an Act to amend the Customs Act” in the Canadian House of Commons. It is a relatively short bill containing important and far-reaching amendments to the Customs Act.  Many people think that the Customs Act only affects them if they… 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

The CBSA Is Seizing Jewelry Imports Into Canada From The UAE

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

The Canada Border Services Agency (CBSA) has seized a number of shipments of gold jewelry imported into Canada from the United Arab Emirates (UAE).  In many cases, the CBSA has taken the position that the jewelry was undervalued.  In most cases, the importer declared the price paid or payable on the invoice for labour.  The… Continue Reading

Get Your News Here!: The CBSA Issues “CBSA Today: Commercial News For Stakeholders: Spring 2016”

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

On May 26, 2016, the Canada Border Services Agency (“CBSA”) posted “CBSA Today: Commercial News for Stakeholders: Issue 11: Spring 2016“. However, the CBSA did not list this publication as “Latest News” or “What’s New of the CBSA website” portion of it’s front page.  The document is rather difficult to find.  Bookmark the Border Commercial… Continue Reading

On What Basis Can I Appeal An Administrative Monetary Penalty (Customs)?

Posted in Customs Law

The Canada Border Services Agency (“CBSA”) uses the Administrative Monetary Penalty System (AMPS) to issue monetary penalties to commercial importers for violating CBSA’s customs and border laws. You make a mistake, there is a penalty for that. The mistake does not have to be intentional. The Master Penalty Document contains the infractions and the AMPS… 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

CITT Issues Practice Notice of Agreed Statements of Fact

Posted in Customs Law, origin, tariff classification, valuation

On march 15, 2016, the Canadian International Trade Tribunal issued a Practice Notice entitled “Agreed Statement of Fact – Appeals”.  It is a very short statement from the Tribunal (produced in it’s entirety below): “As part of an effort to reduce parties’ costs and the time for the Canadian International Trade Tribunal (the Tribunal) to… Continue Reading

What To Do When USCBP Wants To Conduct a NAFTA Verification Of An Exporter/Producer in Canada

Posted in Cross-border trade, Customs Law, origin

Most Canadian businesses do not relish a visit from a Canadian tax auditor and also do not view with anticipation a fax from the United States Customs and Border Protection (USCBP) asking to come for a visit to conduct a NAFTA verification of their certificates of origin. NAFTA Article 506 sets out the authority for… 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

Victoria Day Week-end: Survival Guide For Cross Border Travel

Posted in Border Security, Cross-border deals, Cross-border trade, Customs Law, NEXUS, valuation

Victoria Day is the start of the long week-end season.  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… Continue Reading

Why Should SMEs Care About Incoterms® Rules?

Posted in Cross-border deals, Cross-border trade, Customs Law, GST/HST, origin, tariff classification, valuation

Small and medium sized enterprises mistakenly accept costs and financial risk when they agree to Incoterms without considering the consequences. SMEs should care about Incoterms because mistakes can be costly – very costly. What is an Incoterm? Answer:  Incoterms is an abbreviation of the phrase International Commercial Terms. The Incoterms rules or are a series… Continue Reading

What Are The Procedures For FTA Origin Verifications in Canada?

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

On May 12, 2016, the Canada Border Services Agency (“CBSA”) released revised D-Memorandum D11-4-20 “Procedures for Verifications of Origin Under Free Trade Agreements”. The overall objective of an free trade agreement verification is to confirm that products covered by a certificate of origin completed by the exporter or producer qualify as originating in accordance with… Continue Reading

The CBSA Signs Secure Supply Chain Mutual Recognition Agreement With Mexico

Posted in Border Security, Canada's Federal Government, Customs Law

On May 13, 2016, the Government of Canada announced that on May 11, 2016 the Canada Border Services Agency (“CBSA”)  had signed a Mutual Recognition Agreement (“MRA”) with the Tax Administration of Mexican States. The MRA was signed at the World Customs Organization 3rd Global Authorized Economic Operators (AEO) Conference in Cancun, Mexico. This means that… Continue Reading

CBSA Announces Enhancements to Trusted Traveler Program

Posted in Border Security, Canada's Federal Government, Cross-border trade, Customs Law, U.S. Federal Government

On May 12, 2016, the Canada Border Services Agency (“CBSA”) announced that it is expanding Free and Secure Trade (FAST) benefits for members of its trusted trader programs. The FAST Program is a joint Canada–U.S. initiative to enhance border and trade chain security and make cross-border commercial shipments simpler and subject to fewer delays. FAST… Continue Reading

Women Traveling With Expensive Purses/Handbags May Expect The CBSA To Ask Questions

Posted in Customs Law, NEXUS

There is a trend at Montreal Trudeau International Airport – Canada Border Services Agency (“CBSA”) officers are asking women who return to Canada with expensive purses (Dior, Prada, Coach, Channel, etc.) to go to secondary inspection.  In the Secondary Inspection Area, the CBSA officers accuse the woman of purchasing their purse/handbag on their most recent… 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

Don’t Cross the Canada-US Border with a Fake/Real Grenade

Posted in Border Security, Canada's Federal Government, Criminal Law, Customs Law

I am not kidding – I should not have to write this blog post – The Government of Canada says “Please do not cross the border into Canada with a grenade in your vehicle.”  It does not matter if the grenade is fake/inert or real/live.  I am writing this because on April 21, 2016, three… Continue Reading

TFTEA – Export Focus

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

In earlier editions of this blog, we first summarized the new law and then addressed the intellectual property rights changes it contained. Now, we turn to the export focused provisions in the Trade Facilitation and Trade Enforcement Act (“TFTEA”). Mainly those export provisions have to do with information collection for targeting.  However, new initiatives for… Continue Reading

TFTEA – CBP Organizational Structure

Posted in Aerospace & Defence, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Legal Developments

Among its many provisions, the Trade Facilitation and Trade Enforcement Act (“TFTEA” or the “Act”), H.R. 644, formally establishes U.S. Customs and Border Protection (“CBP”) as a department within Homeland Security (“DHS”). Section 802(a) contains the key provisions. That section amends Section 411 of the Homeland Security Act and the U.S. Code to reflect the… Continue Reading

The Art of Self Defense

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Antidumping, Border Security, Buy America, Constitutional Law, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border litigation, Cross-border trade, Customs Law, Cybersecurity and Privacy, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Government Procurement, Imports Restrictions, Intellectual Property, International Arbitrations, Legal Developments, NAFTA, origin, tariff classification, Tax, Trade Agreeements, Trade Remedies, Transportation, valuation, World Trade Organization

Corporate compliance programs come in all shapes and sizes and apply whether your company is privately owned or publicly traded. These internal controls take the form of accounting and audit procedures, import-export/regulatory policies, employment guidelines, ethics/anti-corruption initiatives and so on. The intent of any compliance program is to ensure that employees know what is expected… Continue Reading