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

Tag Archives: Canada Border Services Agency

Does Canada Have Label Requirements For Imported Goods?

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

Canada has a number of requirements mandating that certain goods have labels AND that certain information be communicated on labels and packaging.  Goods may not be imported into Canada if the required markings are not on the goods to be imported.  If goods are not marked properly, the improperly marked goods may be seized by… 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

The Canada Border Services Is Getting Authority To Open All Cross-Border Mail

Posted in Border Security, Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border litigation, Cross-Border Real Estate, Cross-border trade, Currency Reporting, Customs Law, Legal Developments, Proceeds of Crime/Money Laundering, Tax

The Canada Border Services Agency (“CBSA”) has statutory authority in subsection 99(1) of the Customs Act to open goods that are being imported – this includes letters and packages. Currently, most packages can be opened, including legal documents sent by a law firm to another law firm or a client.  A few years ago I… Continue Reading

What Is A Notice of Penalty Assessment?

Posted in AMPs, Canada's Federal Government, Customs Law

A Notice of Penalty Assessment is the document in which the Canada Border Services Agency (“CBSA”) issues an assessment of an Administrative Monetary Penalty (“AMP”) against an importer. An  AMP is a monetary penalty of a civil nature (rather than criminal) imposed by the CBSA for a contravention of an Act, regulation or by-law. The Master Penalty Document contains all… Continue Reading

What Is The Canadian Process For Voluntarily Disclosing An Export Controls/Economic Sanctions Mistake?

Posted in Aerospace & Defence, AMPs, Border Security, Canada's Federal Government, Cross-border trade, Export Controls & Economic Sanctions, Exports

Mistakes happen.  While the majority of Canadian companies want to comply with Canada’s export controls and economic sanctions laws, violations can occur.  Often when there is an economic sanctions violation, there is also an export controls violation at the same time.  Sometimes, there are export controls violations without an economic sanction violation. There are three procedures… 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

Canada Acknowledges Antidumping Proceedings Hurt Consumers

Posted in Antidumping, Canada's Federal Government, Trade Remedies

This has never happened before.  This is very important.  Trade lawyers outside Canada (and inside Canada) will be shocked by the steps being taken in Canada during an active antidumping proceeding. On October 16, 2016, the Department of Finance asked the Canadian International Trade Tribunal to commence a section 18 (of the Canadian International Trade Tribunal… 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

Minister Responsible For The CBSA Does Not Understand How Canada’s Antidumping Law Works

Posted in Anti-Trust/Competition Law, Trade Remedies

Canada’s Minister of Public Safety and Emergency Preparedness (Ralph Goodale) is responsible for the Canada Border Services Agency (“CBSA”).  On September 20, 2016, Minister Goodale was asked about the antidumping case against gypsum board from the United States being imported/consumed/used in Western Canada (British Columbia, Alberta, Saskatchewan, Manitoba, Yukon and Northwest Territories).  Minister Goodale made… 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 To Do When You Receive An Antidumping DAS From The CBSA

Posted in Antidumping, Cross-border trade, Trade Remedies

A Detailed Adjustment Statement (“DAS”) is an assessment of antidumping duties and/or countervailing duties, additional GST, and interest.  It is like a tax assessment – only it relates to antidumping and countervailing duties.  Customs duties  and excise taxes can also be imposed on a DAS (with or without antidumping duties).  You would have received an… Continue Reading

Canada Initiates Antidumping Investigation Against Fabricated Industrial Steel Components from Several Countries

Posted in Antidumping, Trade Remedies

On September 12, 2016, the Canada Border Services Agency (“CBSA”) initiated an antidumping investigation against fabricated industrial steel components originating in or exported from China, South Korea, the United Kingdom, Spain and the United Arab Emirates.  A subsidy investigation was also initiated in respect of China. The complaint was filed by Supermetal Structures Inc. (Lévis,… 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

Canada Border Services Agency Issues Preliminary Determination of Dumping Against Gypsum Board From USA

Posted in Antidumping, Trade Remedies

To the People of Western Canada: On September 6, 2016, the Canada Border Services Agency (“CBSA”) released a preliminary determination of dumping on gypsum board from the United States.  Starting on September 7, 2016 until some unknown date in the future, antidumping duties will be collected on drywall imported from the United States – and… 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

Amazing Race: CBSA Edition: Completing Antidumping RFIs In Less Than 30 Days

Posted in Antidumping, Trade Remedies

When the Canada Border Services Agency initiates an antidumping case in Canada, they send the Dumping RFIs to exporters and foreign producers identified by the complaining domestic producer by snail mail. These important packages take many days to reach their destination – while the clock is ticking on the firm deadline.  The exporters and foreign… Continue Reading