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

Category Archives: Trade Remedies

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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 Initiates New Antidumping Case Against Carbon And Alloy Steel Line Pipe From South Korea

Posted in Antidumping, Trade Remedies

On June 8, 2017, the Canada Border Services Agency (“CBSA”) issued a Notice of Initiation stating that it has initiated an antidumping case against carbon and alloy steel line pipe from South Korea.  This is not the first line pipe case.  In 2016, the CBSA initiated an antidumping case against line pipe from China and… Continue Reading

Exporters Who Receive De Minimis Dumping Margins in Canadian AD Cases Now Being Excluded From Final Orders

Posted in Antidumping, Trade Remedies, World Trade Organization

Foreign producers and exporters who receive a de minimis dumping margin (2% or less) in a Canadian antidumping case are now being excluded from final injury orders (that is, final orders for the imposition of antidumping duties).  What this means is that any foreign producer or exporter who priced at undumped levels (above domestic selling… Continue Reading

Romaine Calm: FSVP is Approaching

Posted in Agriculture, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, NAFTA, Trade Agreeements, Trade Remedies

Does FSVP Apply to You? Are you the importer, consignee, or agent for food imported into the United States?  If so, the Foreign Supplier Verification Program for Importers of Food for Humans and Animals (FSVP), a key element of the Food Safety Modernization Act (FSMA), likely applies to you.  Implementation of the FSVP will begin… Continue Reading

Foreign Supplier Verification Program Deadline Looms – Are You Ready?

Posted in Agriculture, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Imports Restrictions, Legal Developments, NAFTA, Trade Agreeements, Trade Remedies, Uncategorized

Originally published by the Journal of Commerce in May 2017. When the Food Safety Modernization Act took effect in January 2011, there were many parts of it which would take time to figure out.  FDA made a point of trying to work with the importing community so that when it rolled out the various regulations… Continue Reading

Buy American Executive Order

Posted in Aerospace & Defence, Border Security, Buy America, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border litigation, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Government Procurement, Imports Restrictions, Legal Developments, NAFTA, Trade Agreeements, Trade Remedies

On April 18th, President Trump issued an Executive Order (“EO” or “Order”) focused on the Buy American  laws and regulations. See Buy American EO.  This EO directs federal government entities to review their procurement rules so that, to the extent legally permitted, preference is given to American made goods.  Section 2 specifically states: “[i]t shall… 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

Iran Sanctions – Tit for Tat?

Posted in Aerospace & Defence, Agriculture, Border Security, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Environment, Export Controls & Economic Sanctions, Exports, Government Procurement, Harmonization, Immigration law, Imports Restrictions, Legal Developments, Politics, Trade Agreeements, Trade Remedies, World Trade Organization

On Sunday, March 26, 2017, the Iranian State Agency (IRNA) announced the imposition of sanctions by Iran on 15 American companies.  While the move is widely seen as Iran responding to recent and on-going enforcement action taken in the U.S., such action is certainly creating ever more complex circumstances in the region. In explaining the… Continue Reading

Canada’s 2017 Budget Bill Includes Significant Changes To Canada’s Antidumping/Countervailing Duty Laws

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

On March 22, 2017, Canada’s Federal Government tabled the 2017 Budget.  Hidden within the supplemental documents is a notice of changes to the Special Import Measures Act (“SIMA”) (Canada’s antidumping and countervailing duty law).  These amendments are very important – most are intended to provide domestic producers greater protection. The changes include: SIMA amendments to permit… Continue Reading

DOJ Defines Compliance

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Imports Restrictions, Intellectual Property, Legal Developments, Trade Agreeements, Trade Remedies

In the span of the last 18 months, the topic of corporate compliance programs has gotten considerable attention from the Department of Justice  (“DOJ”) and now finally, DOJ has published significant details about how it is likely to measure the sufficiency of any company’s compliance program. First, some background.  In September 2015, the Yates memo… Continue Reading

A Country Divided!

Posted in Border Security, Corporate Counsel, Cross-border trade, Customs Law, Intellectual Property, Legal Developments, Trade Agreeements, Trade Remedies

Originally published by the Journal of Commerce, December 2016. Even prior to the election, it was clear the U.S. is a country divided. We are now several weeks removed from the election and the shame of the situation is not one so-called political leader has made any statements which give hope of uniting the country…. 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

What Does The Election of President Trump Mean For Canada?

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Cross-border deals, Cross-border trade, Elections, Export Controls & Economic Sanctions, Immigration law, NAFTA, Softwood Lumber, State Governments, Trade Agreeements, Trade Remedies

On November 8, 2016, Donald Trump was elected President of the United States.  What does this mean for Canadian businesses in terms of trade? President-elect Trump has said he is opposed to the TransPacific Partnership Agreement (“TPP”).  It is highly unlikely that TPP will be ratified.  Canada will have to negotiate strategic bilateral free trade… Continue Reading

What Is A CITT Section 18 Reference?

Posted in Antidumping, Canada's Federal Government, Cross-border trade, Legal Developments, Trade Remedies

On October 17, 2016, Canada’s Department of Finance announced that the Government of Canada had asked the Canadian International Trade Tribunal (“CITT”) to conduct an inquiry (actually, it is a Reference) in respect of the antidumping case involving gypsum board from the United States and imported into Western Canada in order to hear from a… 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

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 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

Importers Can Play The Game Too – Preparing Call Reports To Record Communications

Posted in Antidumping, Trade Remedies

In antidumping injury cases in Canada, the domestic industry often include confidential call reports in their submissions to the Canadian International Trade Tribunal. The call reports document conversations and meetings with importers/distributors and customers in which the customer or distributor asks for a price reduction or says the price offered is too high.  The domestic… 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

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

Top 10 Mistakes Made By Foreign Producers/Exporters When Completing CBSA Subsidy RFIs

Posted in Trade Remedies

After the CBSA initiates a countervailing duty investigation, the CBSA issues an exporter request for information (RFI) that must be completed by the exporter of the goods and all factories involved in the manufacture of the goods (if the exporter is not the manufacturer).  The CBSA sets a filing deadline that is between 30-35 days… Continue Reading

Canadian International Trade Tribunal Issues Practice Notice On Filing Questionnaire Replies

Posted in Antidumping, Trade Remedies

On June 10, 2016, the Canadian International Trade Tribunal (“CITT”) issued a Practice Notice entitled “Filing of Questionnaire Replies and Revisions and Issuance of Revised Investigation Report”.  In antidumping and countervailing duty injury inquiries, the CITT issues questionnaires to producers, importers, foreign producers and purchasers.  The CITT compiles the information and data provided by respondents… Continue Reading