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

Monthly Archives: July 2016

Civic Holiday Long Weekend: Survival Guide For Cross Border Travel

Posted in Border Security, Cross-border deals, Cross-border trade, Customs Law, NEXUS, valuation

The Civic Holiday long week-end is upon us.  Canadians travel outside Canada to visit friends and family and to shop.  The Canada Border Services Agency (“CBSA”) is on the lookout for contraventions of the Customs Act and other border laws. Here is our survival guide to make sure the CBSA is happy with your declaration… Continue Reading

How to Avoid Problems at the Canada/US Border When You Return with Goods You Left With

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

Many clients call me to inform me of a “disagreement” with a Canada Border Services Agency (“CBSA”) officer relating to goods from Canada that they took with them on a trip.  Often the problem relates to an expensive ladies purse or a piece of jewelry (sometimes a men’s watch). On November 13, 2015, the CBSA… Continue Reading

Top 10 Mistakes Made By Exporters When Completing Antidumping Requests For Information

Posted in Antidumping, Trade Remedies

This 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… Continue Reading

Russia vs Iran: Which Country Faces More Severe Canadian Economic Sanctions?

Posted in Aerospace & Defence, Border Security, Canada's Federal Government, Controlled Goods Program, Cross-border trade, Export Controls & Economic Sanctions, Exports

Canada imposes unilateral economic sanctions against both Russia and Iran pursuant to the Special Economic Measures (Russia) Regulations and Special Economic Measures (Iran) Regulations, respectively.  It was not long ago that Canadian export controls lawyers were saying that Canada imposed its most strict sanctions against Iran.  However, on February 5, 2016, Canada lifted some of… Continue Reading

Canada’s Export Controls Against Turkey: Are Rules About To Change?

Posted in Aerospace & Defence, Border Security, Canada's Federal Government, Cross-border trade, Export Controls & Economic Sanctions, Exports

Canadian businesses with export activities to Turkey should watch carefully to see if Canada’s export controls rules will change as a result of Canada’s concerns about the thousands of detentions and three month state of emergency in Turkey.  It is time to exercise due diligence and caution.  It is time to watch alertly for announcements… Continue Reading

Alcohol And Tobacco: Two Things That Cause CBSA Officers To Not Apply Common Sense

Posted in Customs Law, NEXUS

I receive many calls from clients who have disputes with the Canada Border Services Agency (“CBSA”) at the Canadian border.  Some of the most amazing stories relate to seizures of alcohol (beer, wine, liquor) and tobacco (usually cigarettes).  In most of the cases, I wonder aloud why the CBSA Officer could not use common sense… Continue Reading

NEXUS And Global Entry Are Not The Same Thing In Canada

Posted in Border Security, NEXUS

NEXUS Membership is a Canada-U.S joint regulatory discretionary trusted traveler program.  GOES or Global Entry is a U.S. regulatory discretionary trusted traveler program. NEXUS and Global Entry are different expedited entry programs. HOWEVER, and this is very important, a person who uses a NEXUS lane at a Canadian land border crossing must have a NEXUS… Continue Reading

6 Most Frequently Asked Questions About Canada’s Economic Sanctions Against Iran

Posted in Aerospace & Defence, Canada's Federal Government, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports

On February 5, 2016, Foreign Affairs Minister Dion announced that “Canada amends sanctions against Iran” and regulatory changes were implemented/promulgated. On February 5, 2016, the Export Controls Division of Global Affairs Canada issued Notice to Exporters No. 196 “Exports of items listed on the Export Control list to Iran”. On February 15, 2016, the Canada… Continue Reading

The CBSA Commences Consultations On Amendments To The “Good Character” Eligibility Requirements In NEXUS Regulations

Posted in NEXUS

On July 19, 2016, the Canada Border Services Agency (“CBSA”) commenced a public consultation process with respect to the eligibility criteria to be applied when assessing “good character” of Trusted Traveler Programs applicants. (See Announcement) As an extension, the CBSA is also looking at when NEXUS membership may be cancelled or revoked as a result… Continue Reading

Canadian Customs Audit Targets – CBSA Releases H2 2016 Verification Priorities

Posted in Customs Law, origin, tariff classification, valuation

On July 7, 2016, the Canada Border Services Agency (“CBSA”) released “Tariff Compliance Verifications – July 2016”.  What are “Tariff Compliance Verifications”? Tariff compliance verifications are CBSA customs audits during which the CBSA ensures that importers are using the proper tariff classification (HS Code) numbers when completing import documentation. The Tariff Compliance Verifications – July… Continue Reading

What Is The Difference Between A Red/Green Olive And A Black Olive?

Posted in Agriculture, Customs Law, tariff classification

The answer to this question is found in the recent Canadian International Trade Tribunal (“Tribunal”) tariff classification appeal case of Délices de la Forêt Inc. v. President of the Canada Border Services Agency (“CBSA”), AP-2015-018. The issue in this case was whether green and red olives in brine in a glass jar were properly classified… Continue Reading

Appeal Process for Truckers/Carriers When The CBSA Issues ACI eManifest AMPs

Posted in AMPs, Canada's Federal Government, Cross-border trade, Customs Law

Truckers (highway commercial carriers) can appeal the imposition of administrative monetary penalties (AMPs) imposed by the Canada Border Services Agency (“CBSA”) for failure to meet advance commercial information (ACI) reporting requirements.  The appeals are filed with the CBSA, Recourse Directorate.  We spoke to a source at the Recourse Direcotrate this week who informed us that there… Continue Reading

CBSA Has Revised The D-Memorandum On The Anti-dumping/Countervailing Duty Re-determination Process

Posted in Antidumping, Trade Remedies

On June 28, 2016, the Canada Border Services Agency (“CBSA”) quietly issued revised D-Memorandum D4-1-3 “Re-determinations and Appeals Under the Special Import Measures Act”.  The preamble to the D-Memorandum indicates that it was revised to reflect changes in contact information and the process to request a re-determination by the President. Some of the important information… Continue Reading

Why Should Importers Ask The CBSA If Goods Are Subject To Anti-dumping Duties?

Posted in Antidumping, origin, tariff classification

Is it better to seek permission or ask for forgiveness after the fact?  When it comes to imports of goods into Canada that may be subject to anti-dumping duties, it is better to seek an advance ruling from the Canada Border Services Agency (“CBSA”).  If you import goods and the CBSA believes that the goods… Continue Reading

8 Things You May Not Know About The International Law Aspects Of The South China Seas Decision

Posted in International Arbitrations

Watchers of international trade cases are looking at this historic South China Seas decision and watching for what will happen next.  News agencies are speculating about what China will do next and what the United States will do next (US ships are in the vicinity at issue in the case).  However, most people are wondering… Continue Reading

A Hot Story: CBSA Seizes Drugs in Boxes of Hot Peppers

Posted in Border Security, Customs Law

On June 23, 2016, the Canada Border Services Agency (“CBSA”) intercepted two boxes of hot peppers attempting to conceal 17 bricks of suspected cocaine (approximately 20 kilograms).  The shipment was off-loaded air cargo from a flight from Port of Spain, Trinidad to Toronto Pearson International Airport.  The CBSA issued a Press Release on July 7,… Continue Reading

The Canada-Ukraine Free Trade Agreement Has Been Signed

Posted in Canada's Federal Government, Trade Agreeements

This morning (July 11, 2016), Canada’s Trade Minister Chrystia Freeland and Ukraine’s First Vice Prime Minister Stepan Kubiv signed the Canada-Ukraine Free Trade Agreement (“CUFTA”) in Kiev, Ukraine.  Canadian Prime Minister Justin Trudeau and Ukraine’s President Petro Poroshenko watched the historic event. After the signing ceremony President Poroshenko @poroshenko tweeted: Canada-Ukraine Free Trade Agreement offers… Continue Reading

Can A Canadian Business Make A Voluntary Disclosure For An Export Controls Violation?

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

The short answer is “yes”. There is a procedure whereby a Canadian business or person may make a voluntary disclosure to the Government of Canada (Export Controls Division of Global Affairs Canada) for an export controls violation or infraction.  For example, if your company exported controlled goods (e.g. encryption technology, dual-use goods) without an export… Continue Reading

Canada, the United States and Mexico Issue Statement on Global Steel Subsidization / Dumping

Posted in Antidumping, Canada's Federal Government, Trade Remedies

On June 29, 2016, Prime Minister Justin Trudeau, U.S. President Obama and Mexican President Enrique Peña Nieto issued a Statement entitled “Economic Prosperity – Trade and Competitiveness.” Hidden at the end of the Statement is the following announcement on trade remedy enforcement: Coordination in Trade Remedy Enforcement / Addressing Global Excess Capacity Canada, the United… 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

Do Your Employees Know Enough To Complete A Certificate Of Origin Properly?

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

Let’s face the truth, the legal department does not sign off on certificates of origin.  In most companies exporting their goods, it is the sales department or the logistics department that prepares and signs the certificates of origin.  In many companies, the certificate of origin is just a piece of paper that has to be… Continue Reading

Think About Bureaucratic Red Tape: Government of Canada Consults on Origin Quotas in the Canada-EU CETA

Posted in Agriculture, Canada's Federal Government, Cross-border trade, Imports Restrictions

On June 20, 2016, Global Affairs Canada posted an Invitation to comment on the administration of the new Tariff Rate Quotas and Origin Quotas that will be established under the Canada-European Union Comprehensive Economic and Trade Agreement. The Origin Quotas relate to high-sugar containing products, sugar confectionery and chocolate preparation, processed food, dog and cat… Continue Reading

Twelve Action Items Coming Out Of The Three Amigos June 29, 2016 NAFTA Meeting

Posted in Antidumping, Border Security, Canada's Federal Government, Cross-border deals, Cross-border trade, Customs Law, Exports, Immigration law, Imports Restrictions, NAFTA, NEXUS, Politics, Softwood Lumber, Trade Agreeements, Transportation, U.S. Federal Government

On June 29, 2016, Canadian Prime Minister Justin Trudeau, U.S. President Obama and Mexican President Peña Nieto met in Ottawa, Canada for the North American Leaders’ Summit.  Many press releases were issued – but most of the outside press related to the North American Climate, Clean Energy and Environment Partnership.  The Action Plan is yet… Continue Reading

A Trade War Is Coming: Canada and United States Talk Softwood Lumber at the NAFTA Leaders Summit

Posted in Antidumping, Export Controls & Economic Sanctions, NAFTA, Softwood Lumber, Trade Remedies, Uncategorized

On June 30, 2016, Prime Minister Justin Trudeau and President Obama issued a Joint Statement on Softwood Lumber.  This is a historic/ongoing trade irritant that could escalate into a trade war on October 12, 2016. After October 13, 2016, the United States may initiate new antidumping and countervailing duty investigations against softwood lumber from Canada. … Continue Reading