September 2015

Los Angeles City Attorney Mike Feuer recently provided tips to aid individuals to protect themselves from identity theft:

  • Shred all documents containing personal, financial or medical information before you throw them out.
  • Be cautious using debit cards. Don’t use at gas pumps or for shopping online.
  • Don’t respond to e-mails, calls or texts seeking sensitive

Many QuestionsOn September 10, 2015, the Canada Border Services Agency (“CBSA”) released revised D-Memorandum D-14-1-8 “Re-investigation Policy – Special Import Measures Act”.  In Canada, the CBSA determines normal values, export prices and subsidy rates at the time of the initial investigation.  If the Canadian International Trade Tribunal issues a positive injury decision, then the final

Gavel and Scales of JusticeIt is true.  There are legal requirements to report certain exports from Canada.  On September 1, 2015, the Canada Border Services Agency (“CBSA”) reissued updated D-Memorandum D-20-1-1 “Exporter Reporting” to remind exporters of the rules.

Any exporter, including a non-resident exporter may be required to report the goods being exported.  The exporter is the person

Gavel and Scales of JusticeToday, 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

CNcZXqgWsAAxEMFThe television programs about border security and border patrol have four legged stars – the sniffer/detector dogs. To be honest, I like the commercials with the sniffer/detector dogs sniffing the envelops in the mail center – junk mail, junk mail, junk mail, LSD? These short commercials are helpful in communicating to the public at large

iStock_000019169483XSmallOn August 27, 2015, the Canada Border Services Agency (“CBSA”) re-issued D-Memorandum D-14-1-2 “Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established Under the Special Import Measures Act”. The new D-Memo, which supercedes the previous version, is different.

The D-Memo primarily applies to importers who must pay applicable antidumping and/or countervailing duties on goods subject to an antidumping and/or subsidy Order.  Often importers are not aware of the normal value calculated for the exporter from whom they purchased the subject goods.  I like to call normal values calculated by the CBSA a “secret price list”.

While the subsidy rate (usually a monetary value per unit of measure) is publicly available on the CBSA web-site in the final determination or the conclusion if a reinvestigation, the normal values and export prices are not publicly available.  The CBSA takes the position that normal values and export prices are confidential because they are established based on confidential information provided by exporters and importers. This means that importers can buy goods and face an unexpected assessment of antidumping duties by the CBSA if the amount paid to the seller is less than the normal value.

Canada is different from the United States and other countries.  Canada collects antidumping and/or countervailing duties prior to the release of the goods and on a shipment-by-shipment basis.  The United States tallies up the antidumping and countervailing duties payable after the importation has occurred and in respect of number of shipments.

New D-Memo 14-1-2 states, in part, as follows:

Guidelines and General Information
1. Specific normal values and export prices are generally considered to be confidential and are not publicized or available to the general public. The amount of subsidy calculated for specific exporters who have cooperated in a dumping and/or subsidy investigation will normally be provided in the CBSA’s public decision documents, which are available on the CBSA Web site.

2. Importers should contact their respective exporters to obtain specific normal values, export prices and, if applicable, the amount of subsidy. However, this information may be released by the CBSA for purposes of:

(a) Releasing goods or accounting for goods released
CBSA officers may release normal values, export prices and amounts of subsidy to importers on a need-to-know basis, i.e. to obtain release of a shipment of goods or account for goods previously released.
(b) Determining potential liability for provisional duty, anti-dumping duty and countervailing duty on goods in-transit
CBSA officers may provide normal values, export prices and amounts of subsidy to an importer relative to goods, which the importer has purchased and which are in transit.
(c) Determining potential liability for provisional duty, anti-dumping duty and countervailing duty on a possible importation
CBSA officers may inform a potential importer whether or not quoted prices will incur provisional duty, anti-dumping duty or countervailing duty. Under no circumstances will a potential importer be given confidential normal values, export prices or the amounts of subsidy if no proof of price offer by the exporter is provided. The importer will only be informed whether or not the prices quoted will incur provisional, anti-dumping or countervailing duty.
3. Requests for normal values, export prices or amounts of subsidy and potential duty liabilities are to be made in writing and accompanied by a proof of purchase, proof that the goods are in-transit, or proof of the price offered by the exporter.

4. For certain goods, such as capital goods, the amount of anti-dumping duty or countervailing duty payable cannot be conclusively established prior to the entry of the goods. In such instances, the CBSA may require access to information relating to actual production costs, as well as other information relevant to determine the normal value, the export price, or the amount of subsidy not normally available or verifiable in advance of importation. Under certain circumstances, the CBSA may provide the exporter and importer with an estimate of the assessment, based on information provided in advance of actual production and shipment. The provision of such an estimate is not to be construed as limiting the CBSA in determining the actual assessment on the goods as provided for in the Special Import Measures Act. Please contact the Enforcement officer assigned to the case, as listed on the Measures in force Web page, for more information.

Previous D-Memo D-14-1-2 stated as follows:
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