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

Monthly Archives: December 2015

CITT Finds Reduction or Elimination of Rebar AD/CVD Duties in British Columbia Not In Public Interest

Posted in Trade Remedies

On December 22, 2015, the Canadian International Trade Tribunal (“CITT”) issued the long awaited decision in the Certain Rebar Public Interest Inquiry (CITT File No. PB-2014-001). On January 9, 2015, the CITT made an injury finding in NQ-2014-001 “Certain Rebar” originating in or exported from China, Korea and/or Turkey.  On February 23, 2015, the CITT… Continue Reading

How To Find Out What Is In The Canada Border Services Agency Files About You

Posted in Border Security, Canada's Federal Government, Cross-border litigation, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, NEXUS, origin, tariff classification, valuation

Yesterday, we wrote about “How To Find Out What Is In The Canada Revenue Agency’s Files About Your Audit“.  Today, we are writing about your Canada Border Services Agency (“CBSA”) file.  Would you like to know why the CBSA is not approving your NEXUS application?  Would you like to know what the CBSA officer wrote… Continue Reading

How To Find Out What Is In The Canada Revenue Agency’s Files About Your Audit

Posted in Sales Taxes, Tax

Wouldn’t you like to know what is in the Canada Revenue Agency’s (“CRA”) files concerning your GST/HST audit? This information is very valuable in finding out where the CRA made a mistake or what is the basis for the misunderstanding about your taxes.  We recommend obtaining this information as soon as possible after an assessment… Continue Reading

Canada Releases 2016 Consolidated Customs Tariff

Posted in Canada's Federal Government, Cross-border trade, Customs Law, origin, tariff classification, Trade Agreeements, valuation

On December 16, 2015, the Canada Border Services Agency (“CBSA”) released “Customs Notice 15-037” regarding the January 1, 2016 Version of the Departmental Consolidation of the Customs Tariff.  This document is used by trade lawyers, customs brokers and importers to determine the correct tariff classification of goods.  In addition, the 2016 Tariff reflects the scheduled… Continue Reading

When the Canada Border Services Agency Seizes Your Cash, What Can You Do To Get Your Cash Back?

Posted in Border Security, Canada's Federal Government, Criminal Law, Customs Law, NEXUS

The Canada Border Services Agency (“CBSA”) may seize your cash if you are carrying financial instruments over $Canadian 10,000 and fail to declare the financial instruments when you enter Canada or leave Canada.  When arriving in Canada by air, all passengers complete the E311 form – Declaration Card.  One of the questions on the form… Continue Reading

Food Supplements vs Medicaments: The HS Tariff Classifications In Canada May Be Different Than the USA

Posted in Agriculture, Cross-border trade, Customs Law, origin, tariff classification

We are regularly asked questions about the tariff classification for Canada customs duty purposes of health food products.  Certain products that are classified in the United States under HS Code 2106 are classified under HS Codes 3003 (medicaments not in measured doses) or 3004 (medicaments in measured doses) for Canada customs purposes.  This is an… Continue Reading

What is a No-Names Customs Voluntary Disclosure?

Posted in Cross-border trade, Customs Law, origin, tariff classification, valuation

The Canada Border Services Agency (“CBSA”) permits importers to make a “no-names” disclosure in order to request advice from the CBSA as to the possibility of a successful voluntary disclosure (like a prior disclosure in the USA). In the case of a no-names voluntary disclosure, the CBSA does not require the importer’s representative to give… Continue Reading

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

Directors and Officers Liability for Failure to Obtain an Export Permit

Posted in Export Controls & Economic Sanctions

The Government of Canada (in particular Global Affairs Canada) may pursue directors and officers of a corporation who fail to obtain the required export permits, licenses and certifications. Corporations cannot act on their own.  Individuals make decisions that cause the corporation to take actions.  With respect to exports, individuals take the steps that cause the… Continue Reading

What To Do If the CBSA Asks Questions When You Do Not Want Others To Hear Your Answers

Posted in Customs Law, NEXUS, Personal Comments

There is a common dilemma that comes with traveling with other people.  The Canada Border Services Agency (“CBSA”) has the right to examine your vehicle and any good in your possession at the border.  What do you do if you have gifts for people who are traveling with you (e.g., you have Christmas presents in… Continue Reading

What Will Canada Do Now? Canada May Put Duties On Over $1 Billion Annually From the USA

Posted in Agriculture, Cross-border trade, Customs Law, World Trade Organization

The World Trade Organization has agreed with Canada that the United States has not modified its laws to remove Country of Origin Labelling (COOL) violations and a WTO Arbitration Panel has ruled that “Canada may request authorization from the Dispute Settlement Body to suspend concessions and related obligations in the goods sector under the GATT… Continue Reading

New NEXUS Confiscation Trend – Two Confiscations for One Person’s Alleged Error

Posted in Border Security, Customs Law, NEXUS

We receive many calls from potential clients/clients who have had their NEXUS cards confiscated or cancelled by the Canada Border Services Agency (“CBSA”).  We are hearing from more couples who both have NEXUS cards and both individuals have their NEXUS cards confiscated/cancelled by the CBSA.  Usually, both cards are confiscated/cancelled because of a single disagreement… Continue Reading

Canada’s Customs Voluntary Disclosure Policy Has Been Revised

Posted in Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, origin, tariff classification, valuation

On November 25, 2015, the Canada Border Services Agency (“CBSA”) issued revised D-Memorandum D-11-6-4 “Relief of Interest and/or Penalties Including Voluntary Disclosure”.  This D-Memorandum is important because importers can make mistakes or fail to provide all information. Mistakes are often costly.  Normally, the amount of duties & taxes, plus interest plus penalties (including Administrative Monetary… Continue Reading