January 2016

Canada

question markWhat is a preliminary injury inquiry? When the Canada Border Services Agency (“CBSA”) initiates an anti-dumping and/or countervailing duty complaint filed by the domestic industry, the Canadian International Trade Tribunal (“CITT”) is mandated to conduct a preliminary injury inquiry.  The CITT considers whether the complaint discloses a reasonable indication of injury. The burden of

Brand new tires stacked up and isolated on white background

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. 

Shipping Container Above Stacked OthersIs 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.  In January 2016, the CBSA listed its priorities for verifications.  We have been seeing increased random verifications of importers of the priority goods.

The listed tariff classification trade compliance priorities are:

  • tubes, pipes and hoses
  • parts of lamps
  • pasta
  • hair dryers
  • electric smoldering irons
  • curling irons
  • spectacle lenses
  • furniture for non-domestic purposes
  • palm oil
  • safety headgear
  • seaweed
  • dextrins and other modified starches
  • disposable and protective gloves
  • wheel rims and spokes
  • coconut milk from Asian countries
  • batteries
  • gazebos
  • apparel samples
  • bags of polymers and ethylene
  • footwear ($30 or more per pair)
  • hair extensions
  • machinery for public works
  • sacks and bags under tariff item 9903.00
  • special purpose motor vehicles
  • polyurethanes in primary forms
  • parts for power trains
  • generating sets
  • geophysical and oceanographic instruments
  • cereals
  • articles of apparel and clothing accessories
  • bicycles parts
  • articles of plastic
  • articles of iron and steel
  • vices and clamps
  • parts for use with machinery (Chapter 84)
  • chemical products

The listed valuation trade compliance priorities are:

  • apparel
  • footwear
  • preparations and pastrycook’s products

The listed origin trade compliance priorities are:

  • t-shirts
  • jewelry

If you import any of these goods or think the CBSA may think your goods are included in the above lists, you should conduct an internal review and potentially make a voluntary disclosure before the CBSA selects you for a trade compliance verification.Continue Reading What Are The Canada Border Services Agency’s 2016 Verification Priorities?

Globe with financial papersOn 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

Canada CustomsJanuary 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

iStock_000019169483XSmallChina 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

cowFrom 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

3d people - man, person with pieces of puzzle. Taxes
3d people – man, person with pieces of puzzle. Taxes

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

Canada

iStock_000019169483XSmallIn 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