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

Tag Archives: Canada

Importers Must Pay Customs Assessments In Canada To Perfect Appeal

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

We were asked recently whether a non-resident importer could ignore paying a Canadian customs detailed adjustment statement (“DAS”) and continue to import goods into Canada (jsut thumb their noses up at the Canadian government). The answer provided is that a non-resident importer (and a Canadian resident importer) should not consider something so foolish.  Under Canadian law,… Continue Reading

Global Affairs Canada Tables 2016 Annual Report on Exports In House of Commons

Posted in Aerospace & Defence, Border Security, Canada's Federal Government, Corporate Counsel, Export Controls & Economic Sanctions, Imports Restrictions

On June 20, 2017, Hon. Diane Lebouthiller (Minister of National Revenue) tabled (see page 13032 of Hansard) the 2016 Annual Report to Parliament on the Administration of the Export and Import Permits Act (the “2016 Annual Export Controls Report”)  The Report is required under Standing Order 32(2) and section 27 of the Export and Import Permits… Continue Reading

Can Canadian Importers Claim CETA Preferential Tariff Treatment If Goods Are Transshipped?

Posted in Canada-EU CETA

One question we have been asked is whether Canadian importers will be able to claim Canada-EU CETA duty-free tariff treatment if the EU-origin goods are imported into Canada from the United States or some other non-EU country after provisional implementation of the Canada-EU CETA.  It is common for Canadian importers to purchase from distributors in… Continue Reading

How Can I Get My NEXUS Card Back When It is Cancelled/Confiscated By The CBSA?

Posted in Agriculture, Border Security, Canada's Federal Government, Cross-border trade, Currency Reporting, Customs 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), (3)… Continue Reading

Damned If You Do/Damned If You Don’t: Foreign Extraterritorial Measures Act and Trump’s Cuba Policy

Posted in Canada's Federal Government, Corporate Counsel, Cross-border trade, Export Controls & Economic Sanctions, Exports, Imports Restrictions, Politics, U.S. Federal Government

On June 16, 2017, President Trump gave a speech in Miami and announced he was reversing some of President Obama’s Policy on Cuba. Just as Canadian businesses were getting used to the Obama Policy on Cuba, there has been a partial snap-back.  Not only has there been a partial snap-back, there is a stronger enforcement… Continue Reading

Parliamentary Committee Makes 8 Recommendations Regarding Canada’s Steel Industry

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

On June 15, 2017, the Standing Committee on International Trade released Report No. 7 “The Canadian Steel Industry’s Ability to Compete Internationally”.  This Report is helpful to Canadian steel producers and not very helpful to steel importers.  China will not be pleased to read that the Committee recommends non-market economy status remain in place in… Continue Reading

Canada May Not Celebrate CETA Provisional Implementation on July 1, 2017

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

Months ago it was announced that the Canada-EU Comprehensive Economic and Trade Agreement (“Canada-EU CETA”) would be provisionally implemented on July 1, 2017.  Bill C-30 “Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act“ received Royal Assent on May 16, 2017.  This does not mean that Canada has taken the formal steps required to ratify… Continue Reading

U.S. Boaters Soon Will Be Able To Venture Into Canadian Waters Without Reporting To Canada Customs

Posted in Customs Law

On June 12, 2017, the Canadian Parliament passed at third reading Bill S-233 “Conveyance Presentation and Reporting Requirements Modernization Act”, which is a bill that already passed in Canada’s Senate on April 11, 2017.  What this means is that Bill S-233 will become law as soon as it receives Royal Assent (which should occur soon). … Continue Reading

How Does The UK Election Results Affect Canada-UK Trade?

Posted in Canada-EU CETA, Trade Agreeements

On June 8, 2017, the election in the United Kingdom saw the May Conservative Government go from a majority Conservative Government to a minority Conservative Government (possibly to be supported by the Democratic Unionist Party). On June 23, 2016 (almost a year ago), the United Kingdom voted for Brexit (that is, to exit the European Union)…. Continue Reading

Make Your Own Opportunities: Canada’s NAFTA Renegotiation Consultations

Posted in NAFTA Renegotiations

On June 3, 21017, the Government of Canada posted on the Global Affairs website a Notice inviting Canadian businesses to engage in “online consultations” relating to the renegotiation of the North American Free Trade Agreement (“NAFTA”).  Canadian businesses should look at this as an opportunity to ask for market access (goods, services, financial services, investment, government… Continue Reading

Canada-Ukraine Free Trade Agreement Implementation Act Receives Royal Assent

Posted in Canada-Ukraine FTA

On June 1, 2017, the Canada- Ukraine Free Trade Agreement Implementation Act (Bill C-31) received Royal Asset in Canada’s Hose of Commons.  On May 18, 2017, Bill C-31 passed third reading in Canada’s Senate.  On February 14, 2017, Bill C-31 passed third reading in Canada’s House of Commons.  The remaining step is ratification by Canada… Continue Reading

The NAFTA Countdown Has Begun

Posted in NAFTA Renegotiations

On May 18, 2017, the newly confirmed United States Trade Representative (Ambassador Lighthizer) formally notified the United States Congress that President Trump intends to initiate negotiations with Canada and Mexico to modernize the North American Free Trade Agreement (“NAFTA”). The May 18, 2017 letter sets into motion a 90-day countdown for the first formal round… Continue Reading

EU-Origin Cosmetics Become Duty-Free Upon Provisional Implementation of CETA

Posted in Canada's Federal Government, Canada-EU CETA, Cross-border trade, Customs Law, origin, tariff classification

On the date of provisional implementation of the Canada-European Union Comprehensive Economic and Trade Agreement (the “Canada-EU CETA”) (June 1 or July 1, 2017), EU-origin cosmetics will become duty free immediately.  Cosmetics are in Chapter 33 of the Harmonized Commodity Description and Coding System.  Canada committed in its Annex 2-A to immediately eliminate customs duties and… Continue Reading

Canadian Manufacturers And Exporters Will Benefit From the Canada-EU CETA Opportunties

Posted in Agriculture, Canada's Federal Government, Canada-EU CETA, Cross-border trade, Exports, Trade Agreeements

The Canada-European Union Comprehensive Economic and Trade Agreement (the “Canada-EU CETA”) creates opportunities for Canadian manufacturers and exporters to sell into the European markets. On the date of provisional implementation, 98% of Canadian-origin goods will be able to enter European Union Members tariff free, compared to just 25 per cent today.  We have prepared a… 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

Canadian Senate Bill Takes Firm Position On Iran Sanctions And Could Add To Sanctions List

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

Canada’s Senate is currently considering Bill S-219 “An Act to deter Iran-sponsored terrorism, incitement to hatred, and human rights violations” (to be called “Non-Nuclear Sanctions Against Iran Act“) which has received little attention. Bill S-219 will, if passed into law, ensure that Canada has the most restrictive economic sanctions regime against Iran of all countries in the World…. 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

Ukraine Has Ratified The Canada-Ukraine FTA, Canada’s Turn Is Next

Posted in Canada-Ukraine FTA

On March 14, 2017, the Ukrainian Parliament voted to ratify the Canada-Ukraine Free Trade Agreement. Ukraine is ready to ratify the Canada-Ukraine FTA. On March 7, 2017, BillC-31 “An Act to implement the Free Trade Agreement between Canada and Ukraine“ passed second reading in Canada’s Senate.  Bill C-31 is now being reviewed by the Senate… Continue Reading

What Goods Can Canadian Importers Import Duty Free When The Canada-EU CETA Comes Into Effect?

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

It is expected that the Canada-European Union Comprehensive Trade and Economic Agreement (“Canada-EU CETA”) will come into provisional effect soon (maybe as soon as April 1, 2017 or May 1, 2017 – not yet known). Canadian importers should start to consider what goods may enter Canada duty free when the Canada-EU CETA green light is… 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