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

Category Archives: Legal Developments

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EU Safe Harbor- Nothing Settled Yet

Posted in Corporate Counsel, Cross-border deals, Cybersecurity and Privacy, U.S. Federal Government, Uncategorized

While a new Safe Harbor agreement was hoped for by the January 31, 2016 deadline, negotiations still continue. It is expected the European Commission will receive an update, but keep your fingers crossed for an actual deal! In the meantime, American companies continue to rely on recommended provisions to satisfy their privacy protection requirements.

Advancement of Expert Testimony Rules Before The Canadian International Trade Tribunal

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

On December 21, 2015 (published on the CITT web-site January 12, 2016), the Canadian International Trade Tribunal (“Tribunal”) issued its tariff classification/refund decision in EMCO Corporation Westlund v. The President of the Canada Border Services Agency (CITT File No. AP-2014-042).  There is an interesting issue hidden in the case – whether a witness qualifies as… Continue Reading

Canadian e-Manifest AMPs Penalties Start Today For U.S. Truckers/Trains – Submit Manifest Prior to Arrival

Posted in Border Security, Cross-border trade, Customs Law, Legal Developments, Transportation

January 11, 2016 is E-Day – the day Canada will start to impose administrative monetary penalties (“AMPS”) for failure by highway carriers and rail carriers to have satisfied e-Manifest filing requirements.  What are e-Manifest requirements?  E-Manifest requirements are national security measures established by the Canada Border Services Agency (“CBSA”) and require that persons carrying cargo… Continue Reading

Canada’s Federal Court Highlights Complexities of Canada’s Export Controls/Economic Sanctions

Posted in Border Security, Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports, Legal Developments

On December 18, 2015, the Federal Court of Canada issued its decision in Master Tech Inc. v. The Minister of Public Safety and Emergency Preparedness (2015 FC 1395). The Canada Border Services Agency (“CBSA”) detained four sets of machinery that Master Tech was exporting to Iran.  As is typical, after the detention, the CBSA contacted… Continue Reading

Why Did the Chicken NOT Cross the Canada/US Border?

Posted in Agriculture, Border Security, Canada's Federal Government, Cross-border trade, Legal Developments, NEXUS

Because Canada has imposed an import ban on all poultry products from certain U.S. States.  On November 26, 2015, the Canada Border Services Agency (“CBSA”) posted a News Release entitled “Let’s talk turkey: know the restrictions on poultry products before crossing the border”.  In this News Release, the CBSA notifies Canadians, residents and travelers to… Continue Reading

Canada is Concerned About Unreported Exported Goods AND Grants Limited 6 Month Amnesty

Posted in Controlled Goods Program, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Legal Developments

On November 16, 2015, the Canada Border Services Agency (“CBSA”) issued Customs Notice 15-035 “Voluntary Disclosure of Unreported Goods Transiting Through the United States to a Subsequent Country” is which it starts by stating “It has come to the CBSA’s attention that a large number of businesses have been exporting goods to Mexico and other… Continue Reading

The Canada-Ukraine Free Trade Agreement Should Be Ratified in 2016

Posted in Aerospace & Defence, Agriculture, Antidumping, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Environment, Export Controls & Economic Sanctions, Government Procurement, Intellectual Property, Labour, Legal Developments, Trade Agreeements

When I say that the Canada-Ukraine Free Trade Agreement “should be ratified in 2016”, it is an opinion that it would be beneficial for ratification to occur.  I do not have any inside knowledge about the new Trudeau Government’s plans. In fact, we have heard very little from PM Justin Trudeau or Canada’s new Trade… Continue Reading

Exports of Dual-Use Goods and Technology from Canada is More Business Friendly

Posted in Border Security, Export Controls & Economic Sanctions, Legal Developments

On August 12, 2015, Canada’s Minister of Foreign Affairs caused to be published in the Canada Gazette, Part II, Vol 149, No. 16 a regulation entitled “General Export Permit No. 41 – Dual Use Goods and Technology to Certain Destinations”, SOR/2015-200. Foreign Affairs, Trade and Development Canada also published a backgrounder and Notice to Exporters… Continue Reading

The Trade Remedies Chapter of TPP Will Bring Opportunities for Trade Lawyers

Posted in Agriculture, Antidumping, Cross-border trade, Legal Developments, Trade Remedies

Trade lawyers may have new tools in their tool belt as a result of the Trans-Pacific Partnership Agreement (TPP). So often when one reads about a free trade agreement, a Chapter will jump out as interesting.  Canada has not included a Chapter on trade remedies since NAFTA and the Canada-Chile free trade agreement.  As a… Continue Reading

Canada is a Party to the Historic Trans-Pacific Partnership Agreement

Posted in Aerospace & Defence, Agriculture, Anti-Trust/Competition Law, Border Security, Canada's Federal Government, Cross-border deals, Cross-border trade, Customs Law, Government Procurement, Intellectual Property, International Arbitrations, Legal Developments, Trade Agreeements

On October 5, 2015, the trade ministers of Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam and the United States signed the Trans-Pacific Partnership Agreement (TPP).  TPP is a historic trade agreement.  TPP is a comprehensive trade agreement. For Canada, TPP represents a trade agreement with new parties (Australia, Brunei, Japan,… Continue Reading

Supreme Court of Canada’s Decision in Chevron – Enforcement of Ecuadorian Court Judgment Can Proceed

Posted in Constitutional Law, Cross-border litigation, Legal Developments, Provincial Courts, Supreme Court of Canada, Uncategorized

Today, the Supreme Court of Canada released its decision in Chevron Corp. v. Yaiguaje (SCC 35682), which is an important international law judgement coming from Canada’s highest court.  Those watching this case will be interested to know that the Supreme Court of Canada held that Ontario has jurisdiction to adjudicate a recognition and enforcement action… Continue Reading

The CBSA Has Revised D-Memo 14-1-2 Relating to Disclosure of SIMA Duties

Posted in Antidumping, Cross-border trade, Legal Developments, Trade Remedies

On August 27, 2015, the Canada Border Services Agency (“CBSA”) re-issued D-Memorandum D-14-1-2 “Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established Under the Special Import Measures Act”. The new D-Memo, which supercedes the previous version, is different. The D-Memo primarily applies to importers who must pay applicable antidumping and/or countervailing duties on… Continue Reading

Dear Duck Dynasty, The Canada Border Services Agency Issues D-Memo on Decoy Calls

Posted in Customs Law, Legal Developments

On August 27, 2015, the Canada Border Services Agency (“CBSA”) issued D-Memorandum D10-14-65 “Tariff Classification of Decoy Calls“.  I did not realize that there was an issue relating specifically to decoy calls.  The issue was serious enough that the CBSA issued a specific administrative policy statement. The CBSA states that: “As heading 92.08 covers, among other… Continue Reading

Disqualification Orders Are Rare at the Canadian International Trade Tribunal: Will Dentons Case Be A Game Changer in Canada?

Posted in Antidumping, Legal Developments, Trade Remedies

There have been a number of cases in Canada where one party to the proceeding has raised conflict of interest in respect of another party before the Canadian International Trade Tribunal (“Tribunal”).  In most cases, the Tribunal has not disqualified counsel. For example, in Circular Copper Tube, PI-2013-002, the Tribunal did not issue a disqualification… Continue Reading

Canada Requires a “Through Bill of Lading” to Claim GPT Tariff Treatment

Posted in Customs Law, GPT, Legal Developments, Uncategorized

The Canadian International Trade Tribunal (the “Tribunal”) recently held in ContainerWest Manufacturing Ltd v. President of the Canada Border Services Agency, AP-2014-025 (July 27, 2015) that “a through bill of lading is required for entitlement to the GPT.”  This decision may surprise many importers, customs lawyers and customs brokers. GPT means General Preferential Tariff.  Often… Continue Reading

Customs Is Again Getting Overly Creative

Posted in Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Legal Developments, NAFTA, Trade Remedies

In late October 2014, Customs and Border Protection (CBP) issued a guidance message in which it laid down new rules regarding post-importation/post-entry claims for duty preference and duty reduction programs – see CSMS re PEA/1520(d) Claims for the exact text. Specifically, CBP decided unless the program under which the duty free claim is being made… Continue Reading

California Transparency in Supply Chain Act Update

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

On April 13, 2015, California Attorney General Kamala Harris issued “A Resource Guide” for companies subject to California’s Transparency in the Supply Chain Act (the “Act”). This resource guide was published in conjunction with the first efforts by the State of California to enforce the Act which took effect in 2010. The recent enforcement effort… Continue Reading

Yates Decided – Saner Heads Prevailed!

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Constitutional Law, Corporate Counsel, Criminal Law, FCPA/Anti-Corruption, Government Procurement, Legal Developments, U.S. Supreme Court

Originally published by the Journal of Commerce in March 2015 Back in November in a column discussing the ever-increasing criminalization of civil violations, we mentioned the case of fisherman John Yates. Mr. Yates was the captain of a commercial fishing boat in the waters off Florida where he was catching red grouper. The state fishing… Continue Reading

The More Things Change – The More They Stay the Same

Posted in Immigration law, Legal Developments

Originally published by the California Fashion Association in January 2015 Authored by Howard D. Shapiro and David S. Rugendor, Edited by Susan Kohn Ross On November 20-21, 2014 President Obama announced “executive action” on immigration policy. These proposals were instantaneously controversial; businesses are left to ask – what does all of this mean to our… Continue Reading

Proper Internal Controls: A Must

Posted in Aerospace & Defence, Agriculture, Constitutional Law, Corporate Counsel, Criminal Law, Cross-border trade, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Government Procurement, Legal Developments, NAFTA Chapter 11, Trade Agreeements, Trade Remedies, Transportation

Originally published in the October 2014 Journal of Commerce on-line When have you done enough? Based on a recent exchange in a LinkedIn discussion group, there is real disagreement. Despite that lack of concurrence, two court cases decided in the last few months again drive home the point that proper internal controls are a must…. Continue Reading

Say What?

Posted in Corporate Counsel, Criminal Law, Cross-border trade, FCPA/Anti-Corruption, Legal Developments, Trade Agreeements, Transportation

Originally published in the November 2015 Journal of Commerce on-line Many trade associations are grappling with declining membership likely contributed to by the absence of pressing issues grabbing industry-wide attention, despite export reform and the ACE roll-out. A quite different phenomenon continues to expand – the criminalization of civil violations. Two recent cases are reminders… Continue Reading