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

Monthly Archives: January 2016

How To Prove Origin Of Goods To the CBSA

Posted in Cross-border deals, Cross-border trade, Customs Law, origin, Trade Agreeements

On January 21, 2015, “the Canada Border Services Agency (“CBSA”) posted on the CBSA web-site D-Memorandum D11-4-2 “Proof of Origin of Imported Goods” (stated to be published on January 13, 2016).  This policy statement informs importers about what documents the CBSA will accept as proof of origin of goods. Pursuant to section 35.1 of the… Continue Reading

Canada’s New Electronic Travel Authorization (eTA) – Do You Need An eTA to Fly To Canada?

Posted in Canada's Federal Government, Immigration law, U.S. Federal Government

Starting March 15, 2016, visa-exempt foreign nationals who fly to or transit through Canada will need an Electronic Travel Authorization (eTA).  To find out whether you need an eTA, please go to the Government of Canada interactive web-site.  The Government of Canada has prepared a video about eTA requirements. What is the eTA Program? The… Continue Reading

Advancement of Expert Testimony Rules Before The Canadian International Trade Tribunal

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

On December 21, 2015 (published on the CITT web-site January 12, 2016), the Canadian International Trade Tribunal (“Tribunal”) issued its tariff classification/refund decision in EMCO Corporation Westlund v. The President of the Canada Border Services Agency (CITT File No. AP-2014-042).  There is an interesting issue hidden in the case – whether a witness qualifies as… Continue Reading

How To Apply For An Advance Customs Ruling in Canada

Posted in Cross-border deals, Cross-border trade, Customs Law, tariff classification

Many importers in Canada want to minimize the risk of an assessment of customs duties for getting a tariff classification incorrect.  If an importer or exporter or foreign producer of goods cannot figure out how the Canada Border Services Agency (“CBSA”) would classify a good for customs duty tariff classification purposes, sometimes the best thing… Continue Reading

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

Posted in Cross-border trade, Imports Restrictions

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

Pet Toys Are Not Classified For Customs Purposes The Same As Humans’ Toys in Canada

Posted in Customs Law, tariff classification

Even though I am amused at my puppy playing with her toys, the Canada Border Services Agency (“CBSA”) does not classify pet toys under H.S. Code 95.03 unless there is an identical toy for humans.  In Pet Valu Canada Inc v D/MNR (CITT File No. AP-97-017 and AP-97-053, AP-97-102, and AP-97-118) (which is an old… Continue Reading

Government of Canada Is Considering Increase to Imports By Mail/Courier Threshold

Posted in Cross-border trade, Customs Law

Glen McGregor of the Ottawa Citizen may have an inside scoop – he says the Government of Canada is considering increasing the Postal Imports Remission Order and the Courier Imports Remission Order thresholds of $20.00.  In an article published on January 14. 2016 entitled “Government mulls waiving taxes and duties on smaller-value online purchases“, McGregor… Continue Reading

Importers Of Tires Into Canada Must Comply With Safety Rules

Posted in Cross-border deals, Cross-border trade, Customs Law, Transportation

On January 11, 2016, the Canada Border Services Agency (“CBSA”) issued D-Memorandum D19-12-2 “Importation of Tires”, which sets out Canada’s border rules on the importation of tires.  Canada wants only safe tires imported for the purpose of sale in Canada.  Canada wants safe tires on the roads in Canada. D-Memo D-19-12-2 contains 2 Appendices.  Appendix… Continue Reading

What Are The Canada Border Services Agency’s 2016 Verification Priorities?

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

Is your import company going to be audited by the Canada Border Services Agency (“CBSA”) in 2016?  It is hard to predict whether you will be the lucky person to host the CBSA at your business.  The chances increase exponentially if you import one of the goods that the CBSA has listed as a priority. … Continue Reading

What Every Importer Should Know About Canada’s Customs Duty Reassessment Policy

Posted in Customs Law, origin, tariff classification, valuation

On January 8, 2015, the Canada Border Services Agency (“CBSA”) released D-Memorandum D11-6-10 “Reassessment Policy”.  This is one of the most important CBSA policies.  Every importer should read this policy and consider if it is possible that they have made a mistake on their Canada customs documents. The CBSA Reassessment Policy sets out the rules… Continue Reading

Canadian e-Manifest AMPs Penalties Start Today For U.S. Truckers/Trains – Submit Manifest Prior to Arrival

Posted in Border Security, Cross-border trade, Customs Law, Legal Developments, Transportation

January 11, 2016 is E-Day – the day Canada will start to impose administrative monetary penalties (“AMPS”) for failure by highway carriers and rail carriers to have satisfied e-Manifest filing requirements.  What are e-Manifest requirements?  E-Manifest requirements are national security measures established by the Canada Border Services Agency (“CBSA”) and require that persons carrying cargo… Continue Reading

China Would Like Canada To Accept It As A Market Economy

Posted in Antidumping, Trade Remedies, World Trade Organization

China would very much like Canada to accept that it is a market economy.  This is relevant in the context of anti-dumping and countervailing duty cases. Currently, under the World Trade Organization rules, if a country is not a market economy, a WTO member may use surrogate or third party information when calculating margins of… Continue Reading

IREP Disputes Must Be Handled With Care

Posted in Agriculture, Imports Restrictions

From time to time, importers who import dairy products (e.g., cheese, milk, butter) pursuant to the Import For Re-Export Program (IREP) may have a dispute with the Department of Global Affairs Canada (formerly DFATD and DFAIT) or the Canada Border Services Agency. Pursuant to the IREP Program, Canadian processors may obtain approval from Global Affairs… Continue Reading

How To File A Tariff Classification Appeal in Canada

Posted in Customs Law, tariff classification

If the Canada Border Services Agency (“CBSA”) has made an error during a tariff classification verification, the importer may file a request for re-determination to appeal the assessment of duties.  In most cases, the CBSA changes the tariff classification from duty-free (i.e., 0%) to a higher duty rate (e.g., 10%) and issues a detailed adjustment… Continue Reading

Is Talk of Canada-China Free Trade Agreement For Real?

Posted in Trade Agreeements, Trade Remedies

In today’s Globe and Mail, Robert Fife discusses in an article entitled “Trudeau sets sights on free-trade deal with China” the possibility of free trade agreement negotiations between Canada and China commencing soon. The article makes reference to the newly ratified China-Australia Free Trade Agreement. Whether Canada-China free trade agreement negotiations will come to pass… Continue Reading

Canada’s Federal Court Highlights Complexities of Canada’s Export Controls/Economic Sanctions

Posted in Border Security, Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports, Legal Developments

On December 18, 2015, the Federal Court of Canada issued its decision in Master Tech Inc. v. The Minister of Public Safety and Emergency Preparedness (2015 FC 1395). The Canada Border Services Agency (“CBSA”) detained four sets of machinery that Master Tech was exporting to Iran.  As is typical, after the detention, the CBSA contacted… Continue Reading

Global Affairs Canada Introduces SME Funding for CanExport Activities

Posted in Canada's Federal Government, Export Controls & Economic Sanctions, Exports

On January 5, 2016, Canada’s Trade Minister, Chrystia Freeland, announced a new program (CanExport) to increase the competitiveness of Canadian companies. CanExport will make available up to $50 million over five years in direct financial support to small and medium-sized enterprises (SMEs) in Canada seeking to develop new export opportunities, particularly in high-growth priority markets… Continue Reading

On What Basis Can I Appeal An Administrative Monetary Penalty (Customs)?

Posted in Customs Law

The Canada Border Services Agency (“CBSA”) uses the Administrative Monetary Penalty System (AMPS) to issue monetary penalties to commercial importers for violating CBSA’s customs and border laws. You make a mistake, there is a penalty for that.  The mistake does not have to be intentional. The Master Penalty Document contains the infractions and the AMPS… Continue Reading