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

Tag Archives: NAFTA

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

Canada Releases List of NAFTA Modernization “Core Objectives”

Posted in NAFTA Chapter 11, NAFTA Renegotiations

On August 14, 2017, Canada’s Foreign Affairs Minister, Chrystia Freeland delivered Canada’s list of NAFTA Modernization (note, not “renegotiation”) “core objectives”.  Minister Freeland stresses that Canada’s mission is a modern and progressive free trade agreement.  She stressed that “Trade is about people” and jobs in Canada and Canada’s NAFTA partners.  Canada’s approach will be to… 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

Does The Canadian International Trade Tribunal Review Intra-Canada Government Procurement Disputes Under The Canadian Free Trade Agreement?

Posted in Government Procurement, Uncategorized

It looks like the Canadian International Trade Tribunal (“CITT”) has not yet been selected by the Federal Government of Canada or any province or territory as the reviewing authority under Chapter Five of the Canadian Free Trade Agreement (Canada’s new and improved internal trade agreement).  The Canadian Free Trade Agreement quietly entered into effect on… Continue Reading

Seth Godin’s “On Pie” Applies To Market Access And The World Pie

Posted in Agriculture, Antidumping, Buy America, Canada's Federal Government, Canada-China FTA, Canada-EU CETA, Canada-Ukraine FTA, Cross-border deals, Cross-border trade, Exports, Imports Restrictions, NAFTA Renegotiations, Personal Comments, Politics, Softwood Lumber, Trade Agreeements, Trade Remedies, U.S. Federal Government, World Trade Organization

On April 6, 2017, Seth Godin posted “On Pie” on his blog.  I have thought about what Seth Godin wrote in “On Pie” many times when Canada, US or Canada-US trade issues arise, such as the Softwood Lumber AD/CVD Dispute, the 232 Steel Case, the 232 Aluminum Case, the Canadian FISC AD/CVD Case, NAFTA renegotiation, etc…. 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

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

In the Eye of the Beholder

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Corporate Counsel, Cross-border trade, Customs Law, Exports, Government Procurement, Legal Developments, NAFTA, Trade Agreeements, Trade Remedies, World Trade Organization

First published by the Journal of Commerce – April 2017 The first tangible indications of what trade policy might actually look like under the Trump Administration have been released. After excoriating NAFTA as the “worst trade deal ever” and quickly withdrawing the U.S. from the TransPacific Partnership, which was already dead, we are now starting… 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

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

What Is On Your NAFTA Renegotiation Wish List?

Posted in Aerospace & Defence, Antidumping, Border Security, Buy America, Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Energy, Government Procurement, GST/HST, Immigration law, Intellectual Property, Labour, NAFTA, NAFTA Chapter 11, origin, Politics, Provincial Governments, Softwood Lumber, Trade Agreeements, U.S. Federal Government

President Trump has said that he wants to renegotiate NAFTA.  Rather than taking a negative view of change, ask yourself “What is on my NAFTA Renegotation Wish List?”.  What changes to NAFTA could benefit your business?  What improvements to NAFTA can save your business money?  What adjustments will improve your business’ supply chain?  What should… Continue Reading

NAFTA Rules of Origin Renegotiation – Make Trump An Offer He Cannot Refuse

Posted in Cross-border trade, Customs Law, NAFTA, NAFTA Chapter 11, origin, Trade Agreeements, Uncategorized

The Trump Administration has signaled that one of first areas of interest for North American Free Trade Agreement (“NAFTA”) renegotiation is the rules of origin.  Rules of origin are boring, technical rules in Annex 401, which are permit goods to receive preferential duty-free treatment.  Only goods that originate in a NAFTA country are entitled to… Continue Reading

NOT SO FAST!

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Antidumping, Border Security, Controlled Goods Program, Corporate Counsel, Cross-border deals, Cross-border trade, Currency Reporting, Customs Law, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Politics, Tax, Trade Agreeements, Trade Remedies, Transportation

Originally published by the Journal of Commerce – November 2016 Fans of ESPN’s College Game Day© will recognize this tag line from the reaction of Lee Corso when he disagrees with others when panelists predict winners of selected college football games. If you prefer a different sports metaphor, there is Aaron Rodger’s 2014 now famous… Continue Reading

Making NAFTA Relevant Again! A Look At Certificates of Origin.

Posted in Cross-border trade, Customs Law, NAFTA, origin, tariff classification, valuation

Donald Trump and Hillary Clinton talked about the North American Free Trade Agreement (“NAFTA”) during the U.S. Presidential Debate on September 26th.  Donald Trump and Hillary Clinton spoke about NAFTA during the primaries and on the campaign trail.  NAFTA is relevant again!  This is good for customs lawyers and trade lawyers.  With all this talk… Continue Reading

What Should Canadians Listen For While Watching the U.S. Presidential Debate

Posted in Antidumping, Border Security, Buy America, Canada's Federal Government, Cross-border deals, Cross-border trade, Elections, Export Controls & Economic Sanctions, Immigration law, NAFTA, NAFTA Chapter 11, Politics, Softwood Lumber, State Courts, State Governments, Tax, Trade Agreeements, U.S. Federal Government, U.S. Supreme Court, World Trade Organization

Tonight is the first U.S. Presidential Debate.  Every 4 years, Canadian bureaucrats and those interested in politics watch the debates looking for clues as to what good and bad may be coming.  I thought it would be useful to make a list, from the perspective of a Canadian trade lawyer, of what Canadians should listen… Continue Reading

Do Your Employees Know Enough To Complete A Certificate Of Origin Properly?

Posted in Cross-border trade, Customs Law, origin, tariff classification, Uncategorized, valuation

Let’s face the truth, the legal department does not sign off on certificates of origin.  In most companies exporting their goods, it is the sales department or the logistics department that prepares and signs the certificates of origin.  In many companies, the certificate of origin is just a piece of paper that has to be… Continue Reading

What Are The Core Principles Of The Canada-US-Mexico Relationship?

Posted in Border Security, Canada's Federal Government, Cross-border trade, U.S. Federal Government

As Prime Minister Justin Trudeau, President Obama, and President Enrique Peña Nieto meet in Ottawa today and as we contemplate Brexit, the principles that bind Canada, the United States and Mexico together become increasingly important.  Recently, at the United States-Canada S.A.G.E. Summit at Ohio University, Dr. Christopher Sands and Dr. Katie Friedman discussed the principles… Continue Reading

Timber! Resolute Forest Products Files NAFTA Chapter 11 Notice of Intent Against Government of Canada

Posted in NAFTA Chapter 11

On December 30, 2015, Resolute Forest Products (“Resolute”) (TSX: RFP) issued a press release stating that it has filed a Notice of Arbitration under Chapter 11 of the North American Free Trade Agreement (“NAFTA”).  The NAFTA Chapter 11 claim relates to measures taken by the former provincial NDP Government in Nova Scotia and the former… Continue Reading

Canada’s Procurement Review Procedure Accessible to Small-to-Medium Sized Businesses

Posted in Canada's Federal Government, Cross-border litigation, Government Procurement, Tribunals, Uncategorized

Canada has a federal government procurement bid challenge mechanism that has been made somewhat user-friendly to small-to-medium sized businesses.  Chapter 10 of the North American Free Trade Agreement and equivalent chapters in other free trade agreements and the WTO Agreement on Government Procurement require that Canada establish a bid challenge mechanism.  Canada has done so…. Continue Reading