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

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What is in a Name?

Posted in Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Government Procurement, Imports Restrictions, Legal Developments, Trade Agreeements, Trade Remedies, Uncategorized

Originally published by the Journal of Commerce in August 2017. We are now a few months (almost 7) into Mr. Trump’s Presidency and it is still not clear  – what is the Administration’s trade policy?   The general press is rife with stories about the warring factions within the Administration – those who xenophobically want to… 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’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

What Will The U.S. Be Fighting For And What Direction Can Canadian Businesses Take From The Recently Published U.S. Objectives For The NAFTA Renegotiation

Posted in Uncategorized

Reports in today’s press indicate that the first round of NAFTA renegotiation talks will begin on August 16, 2017 in Washington, D.C.   Each country has conducted or is in the process of conducting consultations with its stakeholders.  The U.S. Congress has now received the U.S. Summary of Objectives for the NAFTA Renegotiation (the “US Objectives”)…. 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

What’s Next for NAFTA – USTR Releases its NAFTA Renegotiation Objectives

Posted in Uncategorized

On July 17, 2017, following consultation with Congress, stakeholders and the public, United States Trade Representative Robert Lighthizer released a detailed summary of the U.S. negotiating objectives for the renegotiation of the North American Free Trade Agreement (NAFTA) entitled the Summary of Objectives for the NAFTA Renegotiation (the “US NAFTA Renegotiation Objectives List”).  The summary… 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

Canada’s Corruption of Foreign Public Officials Act Has Sharp Teeth And Long Arms

Posted in FCPA/Anti-Corruption, Uncategorized

Ontario’s highest court, the Ontario Court of Appeal, issued a decision on July 6, 2017 in R. v. Karigar, which takes enforcement of foreign bribery to another level in Canada.  In 2013, Mr. Karigar was convicted of offering to bribe a foreign public official contrary to paragraph 3(1)(b) of the Corruption of Foreign Public Officials… Continue Reading

Justice Is Not Blind: Victims of Terrorism Outside Canada May Enforce Certain Foreign Judgments In Canada

Posted in Uncategorized

On June 30, 2017, the Ontario Court of Appeal dismissed an appeal filed by Iran (the Iranian Ministry of Information and Security, The Islamic Republic of Iran and The Iranian Revolutionary Guard Corp.) paving the way for enforcement of foreign judgments by victims of terrorism.  If the terrorist or sponsor of terrorism has assets 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

US ITC Makes Preliminary Determination to Continue Boeing-Bombardier Aircraft Dispute

Posted in Uncategorized

On June 9, 2017, the United States International Trade Commission (“US ITC”) voted on and made affirmative preliminary determinations in its preliminary injury phase antidumping and countervailing duty investigations concerning 100- to 150-Seat Large Civil Aircraft from Canada.  Reasons may not be available for a few weeks to a month. The US ITC often issues affirmative preliminary… Continue Reading

Every Business Needs An Annual Compliance Check Up

Posted in Uncategorized

Canadian organizations face complex and often overlapping compliance requirements.  Failure to comply may be met with stiff penalties and, in some cases, prison terms.  Annual compliance internal audits represent an essential tool for organizations to respond to these requirements.  Annual internal compliance audits are particularly important for organizations that participate in transactions for the purchase… Continue Reading

Managing the 2017 Nafta Challenge

Posted in Uncategorized

President Trump’s campaign promise to renegotiate the North American Free Trade Agreement (“NAFTA”) will soon be formally underway. In fact, in Mexico the process began on February 1, 2017, as the Mexican government announced a 90 day consultation period with representatives of the domestic industry to discuss and agree on the main concerns and proposals… 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

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