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

Category Archives: Imports Restrictions

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Buy American Executive Order

Posted in Aerospace & Defence, Border Security, Buy America, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border litigation, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Government Procurement, Imports Restrictions, Legal Developments, NAFTA, Trade Agreeements, Trade Remedies

On April 18th, President Trump issued an Executive Order (“EO” or “Order”) focused on the Buy American  laws and regulations. See Buy American EO.  This EO directs federal government entities to review their procurement rules so that, to the extent legally permitted, preference is given to American made goods.  Section 2 specifically states: “[i]t shall… 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

Say Cheese: European Cheeses Will Soon Be Available Under Canada-EU CETA

Posted in Agriculture, Canada-EU CETA, Cross-border trade, Customs Law, Imports Restrictions, origin, tariff classification

Currently, European cheeses are available in Canada.  When the Canada-European Union Comprehensive Economic and Trade Agreement (“Canada-EU CETA”) is provisionally implemented, more European cheese may be imported into Canada. Current Canadian importers of cheese and new importers of cheese (e.g., restaurants, specialty cheese retailers and others) need to get ready. The Canada-EU CETA contains 5 sets… Continue Reading

Iran Sanctions – Tit for Tat?

Posted in Aerospace & Defence, Agriculture, Border Security, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Environment, Export Controls & Economic Sanctions, Exports, Government Procurement, Harmonization, Immigration law, Imports Restrictions, Legal Developments, Politics, Trade Agreeements, Trade Remedies, World Trade Organization

On Sunday, March 26, 2017, the Iranian State Agency (IRNA) announced the imposition of sanctions by Iran on 15 American companies.  While the move is widely seen as Iran responding to recent and on-going enforcement action taken in the U.S., such action is certainly creating ever more complex circumstances in the region. In explaining the… 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

DOJ Defines Compliance

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Imports Restrictions, Intellectual Property, Legal Developments, Trade Agreeements, Trade Remedies

In the span of the last 18 months, the topic of corporate compliance programs has gotten considerable attention from the Department of Justice  (“DOJ”) and now finally, DOJ has published significant details about how it is likely to measure the sufficiency of any company’s compliance program. First, some background.  In September 2015, the Yates memo… 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

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

Drugs and Bugs: The CBSA Watches Flower Imports Carefully

Posted in Agriculture, Border Security, Customs Law, Imports Restrictions

Every year around Valentine’s Day (and Mother’s Day and Easter), the CBSA is extra busy inspecting shipments of flowers from Colombia and Ecuador.  Shipments of flowers into Canada are most commonly shipped by air or transported from the United States after importation through Miami. The two things the CBSA is looking for in fresh cut… 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

Trump and Trade

Posted in Aerospace & Defence, Border Security, Buy America, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Elections, Government Procurement, Harmonization, Imports Restrictions, Legal Developments, Trade Agreeements

Originally published by the Journal of Commerce in February 2017 In the first two weeks of the new Trump Administration, all international traders want to talk about, and with good reason, is where does the new President really stand on trade? On the one hand, he has taken advantage of trading opportunities to generate profits… Continue Reading

Canada Commences “Food Safety for Canadians Regulations” Consultation Process

Posted in Agriculture, Cross-border trade, Imports Restrictions, Legal Developments

On January 21 2017, the Canadian Food Inspection Agency commenced a consultation regarding proposed “Food Safety for Canadians Regulations”.  The proposed Regulations is lengthy and affects imports and importers of food products.  This is not meant to suggest that imports are unfairly targeted – this is not the case.  Inter-provincial trade in food products and exports… 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

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

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 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 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

What Are The Pros And Cons Of Being A Non-Resident Importer Into Canada?

Posted in Cross-border trade, Customs Law, GST/HST, Imports Restrictions, Intellectual Property, origin, Sales Taxes, tariff classification, valuation

The Internet enables foreign companies to market and sell to Canadian consumers without setting up in Canada.  A common question of foreign sellers with opportunities to sell to Canadians is “Should I sell into Canada as a non-resident importer?” Before answering this question, we must go back to the basics. What is an importer?  The… Continue Reading

Think About Bureaucratic Red Tape: Government of Canada Consults on Origin Quotas in the Canada-EU CETA

Posted in Agriculture, Canada's Federal Government, Cross-border trade, Imports Restrictions

On June 20, 2016, Global Affairs Canada posted an Invitation to comment on the administration of the new Tariff Rate Quotas and Origin Quotas that will be established under the Canada-European Union Comprehensive Economic and Trade Agreement. The Origin Quotas relate to high-sugar containing products, sugar confectionery and chocolate preparation, processed food, dog and cat… Continue Reading

Twelve Action Items Coming Out Of The Three Amigos June 29, 2016 NAFTA Meeting

Posted in Antidumping, Border Security, Canada's Federal Government, Cross-border deals, Cross-border trade, Customs Law, Exports, Immigration law, Imports Restrictions, NAFTA, NEXUS, Politics, Softwood Lumber, Trade Agreeements, Transportation, U.S. Federal Government

On June 29, 2016, Canadian Prime Minister Justin Trudeau, U.S. President Obama and Mexican President Peña Nieto met in Ottawa, Canada for the North American Leaders’ Summit.  Many press releases were issued – but most of the outside press related to the North American Climate, Clean Energy and Environment Partnership.  The Action Plan is yet… Continue Reading