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

Category Archives: Uncategorized

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Where Can Canadians Find President Trump’s Executive Orders And U.S. Legislation?

Posted in U.S. Federal Government, U.S. Supreme Court, Uncategorized

Canadians want read President Trump’s Executive Orders and Executive Memoranda in order to know the contents. We cannot know how the Executive Orders may affect Canadians without reading what has been written. Canadians also want to know the contents of President Trump’s Proclamations and Statements of Administration Policy.  All of these documents are available at www.whitehouse.gov…. Continue Reading

President Trump’s Entry Ban May Include Dual National Canadians

Posted in Immigration law, Uncategorized

On January 27, 2017, President Trump signed an Executive Order suspending entry into the United States of persons from Iran, Iraq, Libya, Syria, Somalia, Sudan or Yemen, as immigrants and nonimmigrants,  90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for… 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

Canada Continues To Impose Economic Sanctions Against Ivory Coast

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

Canada imposed economic sanctions against Ivory Coast to implement United Nations Security Council Resolution 1572.  The multilateral economic sanctions are imposed pursuant to the United Nations Act and the United Nations Côte D’Ivoire Regulations.  However, on April 28, 2016, the United Nations unanimously adopted resolution 2283 (2016) deciding to terminate all arms, travel and financial… Continue Reading

Canadian Thanksgiving Survival Guide To Crossing The Border

Posted in Uncategorized

The Canadian Thanksgiving long week-end is upon us.  Canadians travel outside Canada to visit friends and family and to shop. Canadians living abroad come home to Canada to visit family. Often friends of Canadians come to visit for some turkey and pumpkin pie. And, the Canada Border Services Agency (“CBSA”) is on the lookout for contraventions… 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 Did The Supreme Court of Canada Say About Appeals of CITT Tariff Classification Decisions?

Posted in Uncategorized

On September 29, 2016, the Supreme Court of Canada upheld a decision of the Canadian International Trade Tribunal (“CITT”) as reasonable.  In Attorney General of Canada v. Igloo Vikski Inc., the majority of the Supreme Court of Canada held that imported hockey gloves should be classified as “gloves, mittens and mitts” under tariff item 6216.00.00 and… Continue Reading

BE AWARE: Homeowners and Contractors in Western Canada Will Be Surprised By Antidumping Duties on U.S. Drywall

Posted in Uncategorized

Many homeowners and contractors in Western Canada will soon be asking “Why do I have to pay antidumping duties on imports of gypsum board or drywall?” This is because there is an antidumping case in Canada on gypsum board imported from the United States into Western provinces. Starting on September 6, 2016, imports of drywall/gypsum… 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

A Trade War Is Coming: Canada and United States Talk Softwood Lumber at the NAFTA Leaders Summit

Posted in Antidumping, Export Controls & Economic Sanctions, NAFTA, Softwood Lumber, Trade Remedies, Uncategorized

On June 30, 2016, Prime Minister Justin Trudeau and President Obama issued a Joint Statement on Softwood Lumber.  This is a historic/ongoing trade irritant that could escalate into a trade war on October 12, 2016. After October 13, 2016, the United States may initiate new antidumping and countervailing duty investigations against softwood lumber from Canada. … Continue Reading

Why Do Canadians Say “Eh”?

Posted in Uncategorized

You know I am correct, eh? Okay, there I wrote “eh” – this means the author of this post is a Canadian.  I am a proud Canadian on Canada Day. I have looked on the LegisInfo website (where Canadian legislative bills are found) and the search term “eh’ is not in any Canadian bill. I… Continue Reading

Directors’ And Officers’ Liability For Failure To Obtain An Import Permit

Posted in Uncategorized

The Government of Canada (in particular, Global Affairs Canada, the Canada Border Services Agency, and the Canadian Food Inspection Agency) may pursue directors and officers of a corporation who fail to obtain the required import permits, licenses and certifications. Corporations cannot act on their own.  Individuals make decisions that cause the corporation to take actions…. Continue Reading

What Is A “Blanket Authorization” And Why Does It Matter?

Posted in Customs Law, origin, tariff classification, Uncategorized, valuation

According to the Canadian International Trade Tribunal (“CITT”) in Worldpac Canada v. President of the Canada Border Services Agency, AP-2014-021 (Order and Reasons released on February 18, 2016 and posted on the CITT website on March 8, 2016), a “blanket authorization” is a “mechanism involving a specific process by which an importer can apply to… Continue Reading

Can US Customs Take My NEXUS Card at Toronto Pearson International Airport?

Posted in NEXUS, Uncategorized

The answer is “Yes”, and it happens on a regular basis.  Quite frankly, we have received more calls about NEXUS confiscations at Toronto Pearson Airport Pre-Clearance recently – and, it makes one wonder if a US CBP policy directive has changed.  The issues that arise at U.S. Pre-Clearance at Toronto Pearson Airport are different issues… Continue Reading

Importation of Vehicles into Canada

Posted in Uncategorized

I am often contacted by individuals who want to import a vehicle they own into Canada. Sometimes, I am called by a non-resident.  Other times, I am called by a Canadian resident who is buying a car on Craigslist. On January 21, 2016, the Canada Border Services Agency (“CBSA”) posted on their web-site D-Memorandum D19-12-1… Continue Reading

EU Safe Harbor- Nothing Settled Yet

Posted in Corporate Counsel, Cross-border deals, Cybersecurity and Privacy, U.S. Federal Government, Uncategorized

While a new Safe Harbor agreement was hoped for by the January 31, 2016 deadline, negotiations still continue. It is expected the European Commission will receive an update, but keep your fingers crossed for an actual deal! In the meantime, American companies continue to rely on recommended provisions to satisfy their privacy protection requirements.

Do You Know What Day It Is? It Is International Anti-Corruption Day

Posted in Cross-border trade, FCPA/Anti-Corruption, Government Procurement, Uncategorized

December 9th is International Anti-Corruption Day. International Anti-Corruption Day has been observed annually, on 9 December, since the passage of the United Nations Convention Against Corruption on 31 October 2003. International Anti-Corruption Day urges countries to do their part by exposing and cracking down on corruption and engendering a culture of values of ethical behaviour…. Continue Reading

Death and Customs Duties: The CBSA Issues D-Memo of Bequested Goods

Posted in Customs Law, tariff classification, Uncategorized

On November 18, 2015, the Canada Border Services Agency issued D-Memorandum D-2-1-5 “Bequests – Tariff Item No. 9806.00.00”.   In this D-Memorandum, the CBSA sets out the rules applicable when using Customs Tariff Code 9806.00.00 to import goods that have been bequested or are a gift in anticipation on death on a duty-free basis.  Generally speaking,… 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

Supreme Court of Canada’s Decision in Chevron – Enforcement of Ecuadorian Court Judgment Can Proceed

Posted in Constitutional Law, Cross-border litigation, Legal Developments, Provincial Courts, Supreme Court of Canada, Uncategorized

Today, the Supreme Court of Canada released its decision in Chevron Corp. v. Yaiguaje (SCC 35682), which is an important international law judgement coming from Canada’s highest court.  Those watching this case will be interested to know that the Supreme Court of Canada held that Ontario has jurisdiction to adjudicate a recognition and enforcement action… Continue Reading

Removing Confusion Over Tariff Classification of “Religious Articles”

Posted in Customs Law, tariff classification, Uncategorized

On August 27, 2015, the Canada Border Services Agency (“CBSA”) reissued D-Memorandum D-14-15-12 “Interpretation of Tariff Item 9986.00.00”, which supercedes the previous version.  The new and improved version is much longer than the previous May 29, 1998 version. Goods that are properly classified pursuant to H.S. item number 9986.00.00.00 enter Canada duty free regardless of… Continue Reading

Canada Requires a “Through Bill of Lading” to Claim GPT Tariff Treatment

Posted in Customs Law, GPT, Legal Developments, Uncategorized

The Canadian International Trade Tribunal (the “Tribunal”) recently held in ContainerWest Manufacturing Ltd v. President of the Canada Border Services Agency, AP-2014-025 (July 27, 2015) that “a through bill of lading is required for entitlement to the GPT.”  This decision may surprise many importers, customs lawyers and customs brokers. GPT means General Preferential Tariff.  Often… Continue Reading