August 2015

Many QuestionsOn 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

Shipping Container Above Stacked OthersOn August 28, 2015, the Canada Border Services Agency (“CBSA”) posted Customs Notice 15-032 “Contingency Plan for System Outages”.  It is a short customs notice that primarily contains a link to the CBSA’s “System Outage Contingency Plan“. The System Outage Contingency Plan details requirements and procedures for Trade Chain Partners and

iStock_000014893754_SmallOn August 28, 2015, the Canada Border Services Agency (“CBSA”) posted on the CBSA website a news release that on August 27th, CBSA officers at Toronto Pearson International Airport seized a suspected shipment of 23 kilograms of cocaine.  The news release provides the following details about the seizure:

“On August 27, 2015, CBSA officers monitoring

IMG_2562 (2)On August 27, 2015, the Canada Border Services Agency (“CBSA”) issued D-Memorandum D10-14-65 “Tariff Classification of Decoy Calls“.  I did not realize that there was an issue relating specifically to decoy calls.  The issue was serious enough that the CBSA issued a specific administrative policy statement.

The CBSA states that:

“As heading 92.08 covers,

On August 20, 2015, the Canada Border Services Agency (“CBSA”) issued D-Memorandum D-10-14-32 “Tariff Classification of Pizza Kits”.  The good news is that the D-Memorandum is only 2 pages in length.  The bad news is that the instructions to importers of pizza kits is as clear as mud.

Paragraph 1 of D-Memorandum D-10-14-32 states

iStock_000019169483XSmallIn Canada, we call the 5 year antidumping order review an “expiry review”; it is called a “sunset review” in the United States.  Under the WTO Antidumping Agreement, Canada must review antidumping orders  before the 5 year anniversary of the Canadian International Trade Tribunal (“CITT”) Order.  The normal steps in an expiry review proceeding are

Many QuestionsThis top 10 mistakes blog article has been created with the assistance of Vincent Gaudreau, a former Canada Border Services Agency (CBSA) Officer in the Antidumping and Countervailing Directorate.

After the CBSA initiates an antidumping investigation, the CBSA issues an exporter request for information (RFI) that must be completed by the exporter of the goods

Cyrstal Ball MoneyThe answer is “YES”, the current currency fluctuations in the Canadian dollar have an impact on importers.  Generally speaking, many importers in Canada purchase goods from foreign sources in United States dollars (foreign vendors do not desire Canadian dollars).  The current weakening of the Canadian dollar (on August 24, 2015, the Bank of Canada closing

Gavel and Scales of JusticeThere have been a number of cases in Canada where one party to the proceeding has raised conflict of interest in respect of another party before the Canadian International Trade Tribunal (“Tribunal”).  In most cases, the Tribunal has not disqualified counsel.

For example, in Circular Copper Tube, PI-2013-002, the Tribunal did not issue a