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

Tag Archives: Canada

U.S. Demand For Local Content Rules of Origin for Autos May Be Contrary to GATT 1994 Article XXIV

Posted in NAFTA Renegotiations, World Trade Organization

Article XXIV of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”) (and the Understanding on the Interpretation of GATT Article XXIV of the General Agreement on Tariffs and Trade 1994) may prevent some of the U.S. demands made at the start of the NAFTA modernization/renegotiation talks this week.  Article XXIV of GATT 1994… Continue Reading

Can the CBSA Search My Electronic Devices?

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

We are often contacted by travelers after they have been selected (random or mandatory) for a secondary examination by the Canada Border Services Agency (“CBSA”) upon arrival at the Canadian border. Usually, the traveler had something on a laptop computer or smart phone that they did not want the CBSA to see or use against them… Continue Reading

Do You Know The Canadian Marking And Labelling Rules For Importing Textile Products Into Canada?

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

There are several pieces of Canadian legislation that prescribe marking and labelling requirements for textile products that are imported into Canada.  While it is difficult to provide specific requirements without detailed information about the product, and certain exemptions may be available, the manufacturer, importer, target market, etc, the following marking/labelling requirements may apply: 1) Country… Continue Reading

Canada-EU CETA Will Eliminate Duties On Medical Devices

Posted in Canada-EU CETA

Let the sales begin!  On September 21, 2017, the Canada-European Union Comprehensive Economic and Trade Agreement (“Canada-EU CETA”) will come into provisional effect.  The tariff elimination and tariff reductions commitments will come into effect, including the duty-free treatment for medical devices.  Canada has advanced medical device technology, as does the EU. This means that, starting… Continue Reading

How To Start A Trade Compliance Program? Who, What, When, Where, How Questions To Ask

Posted in Aerospace & Defence, AMPs, Border Security, Canada's Federal Government, Canada-EU CETA, Canada-Ukraine FTA, Corporate Counsel, Cross-border trade, Currency Reporting, Customs Law, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Government Procurement, NAFTA Renegotiations, Proceeds of Crime/Money Laundering

The trade landscape is changing for many Canadian companies. Canada is involved in the renegotiation of NAFTA.  The Canada-Ukraine Free Trade Agreement comes into effect on August 1, 2017.  The Canada-EU CETA enters into provisional effect on September 21, 2017.  The Government of Canada is updating export controls and economic sanctions laws and Global Affairs… Continue Reading

Canada Announces Canada-EU CETA Cheese Quota Rules

Posted in Agriculture, Canada's Federal Government, Canada-EU CETA, Cross-border deals, Cross-border trade, Customs Law, Imports Restrictions, origin

Retailers, distributors, restaurants, domestic producers and others have been anxiously awaiting the Government of Canada’s announcement on the process for Canada-European Union Comprehensive Economic and Trade Agreement (“Canada-EU CETA”) cheese quota.  The Canada-EU CETA was originally to be provisionally implemented on July 1, 2017 and this start date was delayed due to a disagreement over… Continue Reading

The Canada-Ukraine Free Trade Agreement Is Now In Effect: What Questions Should Importers/Exporters Ask?

Posted in Uncategorized

On August 1, 2017, the Canada-Ukraine Free Trade Agreement (“CUFTA”) enters into effect. The CUFTA is a trade in goods agreement (that is, it does not cover services and investment). Canada has agreed to reduce most customs duty rates to “free” or 0% immediately upon implementation on goods that meet the rules of origin.  Pursuant to Chapter 2… Continue Reading

Canada Commences Review Of Carbon Welded Steel Pipe Order After WTO DSB Panel Report

Posted in Antidumping, World Trade Organization

In December 2016, Canada lost a World Trade Organization (“WTO”) dispute (Canada – Anti-Dumping Measures on Imports of Certain Carbon Steel Welded Pipe from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (DS482)) concerning the Canadian International Trade Tribunal injury determination in the Carbon Steel Welded Pipe case NQ-2012-003 (which involved Chinese Taipei, the Republic… Continue Reading

Could U.S. Sanctions Against China Affect Canadian Companies?

Posted in Export Controls & Economic Sanctions, U.S. Federal Government

There are news reports that President Trump is considering imposing economic sanctions against China.  U.S. Ambassador to the United Nations Nikki Haley made comments that suggest that sanctions are on the horizon (not quite imminent, but no longer unrealistic). If the United States imposes economic sanctions against China in response to the perceived/real lack of action… Continue Reading

Canadian Government Export Controls Policies Under A Microscope

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

On July 28, 2017, Global Affairs Canada issued a statement of concern relating to escalating violence in eastern Saudi Arabia. In the Statement entitled “Canada concerned by escalating tensions in eastern Saudi Arabia”, Global Affairs stated: “Canada is concerned by the escalating violence in eastern Saudi Arabia, which has resulted in civilian and security force casualties…. Continue Reading

Canada’s Cabinet Can Impose Unilateral Economic Sanctions Against Venezuela Without Parliament Vote

Posted in Export Controls & Economic Sanctions, Exports

On July 26, 2017, Canada’s Minister of Foreign Affairs issued a Statement “Canada Calls on Venezuela to cancel Constituent Authority“.  The Statement contains two interesting sentences: “Furthermore, Canada welcomes and supports the important actions taken today by the United States to target leaders of the regime. Individuals who are undermining democracy and human rights in… Continue Reading

Canada Starts AD Expiry Review Re Liquid Dielectric Transformers

Posted in Antidumping

On July 25, 2017, the Canadian International Trade Tribunal (“CITT”) initiated an expiry review relating to its November 20, 2012 Order imposing antidumping duties on liquid dielectric transformers originating in or exported from South Korea (CITT File No. NQ-2012-001, continued without amendment in RD-2013-003).  The CITT Order was issued on November 20, 2012. What goods are at issue… Continue Reading

What Might Be The First Trade Issues Under The Canada-EU CETA?

Posted in Agriculture, Canada's Federal Government, Canada-EU CETA, Cross-border litigation, Cross-border trade, Government Procurement, Imports Restrictions, Trade Agreeements, World Trade Organization

The Canada-EU Comprehensive Economic and Trade Agreement (the “Canada-EU CETA”) will come into provisional effect on September 21, 2017.  Sometimes, disputes that have arisen prior to the implementation of a free trade agreement, which are left unresolved at the time of implementation, turn into full disputes between the parties. What could those disputes be? The… Continue Reading

NAFTA Chapter 19 Bi-National Panel Review Process Used Rarely By Canada/US; BUT Remains Needed

Posted in NAFTA Renegotiations, Trade Remedies

Let’s face an incontrovertible fact – in the last 10 years, there are have been very few NAFTA Chapter 19 Bi-national Panels convened in respect of Canada-US & US-Canada trade remedies.  Yes, there have been a few softwood lumber cases (prior to the last 10 years by the way). But, the reality is that, in… Continue Reading

Canada And Australia Mutually Recognize Trusted Traveler Programs

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

On July 25, 2017, the Canada Border Services Agency (“CBSA”) announced that they had signed a Mutual Recognition Agreement with Australia’s Department of Immigration and Border Protection.  What this means is that Australia will recognize Canada’s trusted trader program called “Partners in Protection“(“PIP”) and Canada will recognize Australia’s trusted trader program. Canada’s PIP Program is… Continue Reading

Canada’s Standing Committee on Foreign Affairs And International Development Makes 13 Economic Sanctions Recommendations

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

In 2016 and early 2017, Canada’s Standing Committee on Foreign Affairs and International Development (FAAE) reviewed Canada’s Special Economic Measures Act (“SEMA”) and the Freezing Assets of Corrupt Foreign Officials Act.  The SEMA was encted to authorize the Governor in Council (Cabinet) to promulgate unilateral economic sanctions against states, as well as individuals and entities… Continue Reading

Canadian Steel Companies May Face Safeguard Measures in the EU: CETA Does Not Contain An EU Safeguard Exclusion For Canada

Posted in Canada-EU CETA

The European Union has said that should President Trump impose steel tariffs, the EU will expedite a steel safeguard case.  While Canada may be excluded from the U.S. Section 232 tariffs, Canadian steel companies would be caught by the European Union safeguard case.  There is no provision in the Canada-European Union Comprehensive Economic and Trade… Continue Reading

Canada Releases Notice to Exporters About CETA Light Vehicle Origin Quotas And Then Takes It Down

Posted in Canada-EU CETA, Export Controls & Economic Sanctions, origin

The Government of Canada posted a Notice to Exporters (No. 211) “Vehicles for Export to the European Union and Its Member States (Item 5210 of Canada’s Export Control List)”  (dated May 25, 2017) in which the rules for monitoring Canada-EU Comprehensive Economic and Trade Agreement (“Canada-EU CETA”) new vehicle quotas (for exports to the EU)… Continue Reading

For Canada-EU CETA Purposes, The EU Includes Martinique, Saint Martin And Other Territories

Posted in Canada-EU CETA

They say you learn something new every day.  Today, when I reviewed the “Regulations Defining “EU country or other CETA beneficiary“”, I learned that the places covered by the Canada-EU CETA are broader than I thought.  The Regulations appeared in the July 15, 2017 Canada Gazette, Part I. It is time for a geography lesson… Continue Reading

Who Has The Burden Of Proof In A Canadian Customs Appeal?

Posted in Customs Law, tariff classification, Uncategorized

On July 18, 2017, the Canadian International Trade Tribunal (the “Tribunal”) posted its decision in Schlumberger Canada Limited v. President of the Canada Border Services Agency (CITT Appeal No. AP-2015-022).  In this decision, the Tribunal opined on who has the burden of proof in tariff classification appeals. First, it is important to know that, in… Continue Reading

Canada And Chile Negotiate A Gender Chapter For Addition to 20 Year Old Canada-Chile FTA

Posted in Trade Agreeements, Uncategorized

On June 5, 2017, Canada’s Minister of International Trade announced the “addition of a chapter on trade and gender to modernize the 20-year-old Canada-Chile Free Trade Agreement.”  What this Gender Chapter contains has not yet been released publicly – so, no one knows what this all means.  The Global Affairs Canada announcement states the following… Continue Reading

What Are Canada’s Tariff Codes (As At July 14, 2017)?

Posted in AMPs, Canada-EU CETA, Canada-Ukraine FTA, Customs Law, valuation

Canada does not have a single customs duty or tariff rate for all imports. Over the years, Canada has entered into a number of free trade agreements.  A tariff rate code is assigned for every free trade agreement partner because tariff elimination commitments and tariff reduction schedules cause applicable tariff rates to be different from… Continue Reading

The July 12, 2017 Canada Gazette Contains Regulations Needed For Canada-Ukraine FTA and Canadian FTA Implementation

Posted in Canada's Federal Government, Canada-EU CETA, Canada-Ukraine FTA, Cross-border trade, Customs Law, Government Procurement, origin, Trade Agreeements

The July 12, 2017 issue of the Canada Gazette, Part II, is full of important trade-related regulations and orders.  In Canada, regulatory rules are published in the Canada Gazette.  Regulations are prepared by government departments and promulgated by the Governor in Council (Cabinet).  Regulations do not need to be voted on by the House of… Continue Reading

The CFIA Reverses Its Decision: Wine Produced In The West Bank CAN Be Labelled “Product of Israel”

Posted in Agriculture, Canada's Federal Government, Trade Agreeements

On July 13, 2017, early in the morning, we posted an article entitled “The Canadian Food Inspection Agency Asks For Israeli Wines To Be Removed From Ontario Shelves“.  We are pleased to confirm that the CFIA has reversed its decision that wines produced from grapes grown in the West Bank and fermented and produced in… Continue Reading