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

Monthly Archives: August 2016

When Are You Not Permitted To Use The NEXUS Lane?

Posted in Border Security, Currency Reporting, NEXUS

On July 19, 2016, the Canada Border Services Agency (“CBSA”) issued a Notice to NEXUS Member (sent by email) in which indicated that they were consulting on proposed changes and clarifications to the NEXUS Regulations.  Hidden in the Notice is some useful information about new bases for confiscation of NEXUS passes.  New NEXUS Program rules… Continue Reading

Free Trade Does Not Mean A Free Pass

Posted in Customs Law, origin

Canada has entered into free trade agreements (and has active free trade agreements) with a number of countries, including the United States, Mexico, Israel, Chile, Jordan, Iceland, Norway, Sweden, Lichtenstein, Peru, Colombia, Panama, Honduras, Costa Rica and South Korea.  Under these free trade agreements, the duties on certain goods have reduced to 0%.  Importers claim… Continue Reading

What Some People Have In Their Cars When They Cross The Canada-US Border?????

Posted in Border Security, Customs Law

On August 26, 2016, the Canada Border Services Agency (“CBSA”) issued a News Release entitled “Rocket launcher and grenades seized in Southern Ontario Region“.  Apparently, in July, two men from Louisiana attempted to cross at the Peace Bridge with an undeclared disposable rocket launcher tube and two undeclared grenades. Eventually, the devices were deemed to be… Continue Reading

BE AWARE: Homeowners and Contractors in Western Canada Will Be Surprised By Antidumping Duties on U.S. Drywall

Posted in Uncategorized

Many homeowners and contractors in Western Canada will soon be asking “Why do I have to pay antidumping duties on imports of gypsum board or drywall?” This is because there is an antidumping case in Canada on gypsum board imported from the United States into Western provinces. Starting on September 6, 2016, imports of drywall/gypsum… Continue Reading

Top 10 Mistakes Made By Foreign Producers/Exporters When Completing CBSA Subsidy RFIs

Posted in Trade Remedies

After the CBSA initiates a countervailing duty investigation, the CBSA issues an exporter request for information (RFI) that must be completed by the exporter of the goods and all factories involved in the manufacture of the goods (if the exporter is not the manufacturer).  The CBSA sets a filing deadline that is between 30-35 days… Continue Reading

Canadian International Trade Tribunal Issues Practice Notice On Filing Questionnaire Replies

Posted in Antidumping, Trade Remedies

On June 10, 2016, the Canadian International Trade Tribunal (“CITT”) issued a Practice Notice entitled “Filing of Questionnaire Replies and Revisions and Issuance of Revised Investigation Report”.  In antidumping and countervailing duty injury inquiries, the CITT issues questionnaires to producers, importers, foreign producers and purchasers.  The CITT compiles the information and data provided by respondents… Continue Reading

Canada Initiates Antidumping Case Against Concrete Reinforcing Bar From Several Countries

Posted in Antidumping, Trade Remedies

On August 19, 2016, the Canada Border Services Agency announced an antidumping investigation against concrete reinforcing bar (also known as rebar) from Republic of Belarus, Chinese Taipei, the Hong Kong Special Administrative Region of the People’s Republic of China, Japan, the Portuguese Republic and the Kingdom of Spain.  In 2014, provisional antidumping duties were imposed… Continue Reading

ACE Allows For Stricter Customs Enforcement

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Legal Developments, Trade Agreeements, Trade Remedies

Originally Published by the Journal of Commerce in August 2016 In the face of its recent reorganization and enhanced computer system, it was really only a matter of time before the trade community started to see Customs and Border Protection (“CBP”) better organize its enforcement efforts, and now the first tangible step has been publicly… Continue Reading

Canadian Athletes Do Not Have To Pay Customs Duties And Border GST On Their Medals

Posted in Customs Law, GST/HST

Canadian Olympians returning home from the Rio Olympics (or any athletic competition for that matter) do not have to pay customs duties and goods and services tax (“GST”) on their medals.  No customs duties are payable under Harmonized System (H.S.) Code 98.17, which covers “medals, trophies and other articles (not including usual merchantable products nor… Continue Reading

Undervaluation of Goods Can Lead to Criminal Charges And Conviction In Canada

Posted in AMPs, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Legal Developments, origin, tariff classification, valuation

On August 5, 2016, the Canada Border Services Agency (“CBSA”) posted on the CBSA web-site a News Release entitled “Dartmouth store owner charged for falsifying documents and undervaluing shipments”. This News Release should cause Canadian business owners who import goods and/or general counsel of companies that import goods to ask important questions: “Is my import… Continue Reading

Know the Rules: Canada Border Services Agency NEXUS Membership Program Guidelines

Posted in NEXUS

Recently, the Canada Border Services Agency (CBSA) retired the revised NEXUS Membership Guide (BSF5095) in favour of a NEXUS program page on the CBSA website. NEXUS card holders should review the rules of the NEXUS program in order to avoid problems at the Canadian border.  The rules are strictly enforced.  If you break any rule, even… Continue Reading

Canada’s Tariff Treatments (as at August 1, 2016)

Posted in Cross-border trade, Customs Law

Canada does not have a single customs duty or tariff rate for all imports. Over the years, Canada has entered into a number of preferential trading arrangements (e.g., NAFTA) and international agreements (e.g., WTO) that set preferential tariff rates. The following table sets out Canada’s tariff rate categories under the Customs Tariff (Canada) and the… Continue Reading

Can The CBSA Ask For Your Passwords?

Posted in Cross-border trade, Customs Law, Legal Developments, NEXUS

The answer is, “Yes”, the Canada Border Services Agency (“CBSA”) can ask for your passwords.  Not only can the CBSA ask for your passwords, the CBSA does ask for passwords.  Not only does the CBSA ask for passwords, the CBSA will unlock your cell phones, mobile phones, smart phones, computers, etc and look at/review your… Continue Reading

10 Tips For Small Business Owners For Keeping Canada Revenue Agency Collections Officers Happy

Posted in GST/HST

Recently, I was contacted by a small business owner who had an unpleasant conversation with a Canada Revenue Agency (“CRA”) collections officer about an outstanding goods and services tax/harmonized sales tax (“GST/HST”) assessment against his small company (of which he was a director).  The CRA collections officer had threatened to send the sheriff to his… Continue Reading

Canada’s Economic Sanctions And Admissibility Into Canada: Employees Of Designated Companies May Not Get Into Canada

Posted in Border Security, Export Controls & Economic Sanctions, Immigration law

An employee of a designated entity under Canada’s economic sanctions laws may be determined to be inadmissible into Canada and denied entry due to concerns that their employer is subject to sanctions.  In addition, an employee of an entity that is covered by economic sanctions of another country or countries (e.g., the United States, the… Continue Reading

Death and Customs Duties: The CBSA Issues D-Memo of Bequested Goods

Posted in Customs Law, tariff classification

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 of death on a duty-free basis.  Generally speaking,… Continue Reading

Can US Customs Take My NEXUS Card at Toronto Pearson International Airport?

Posted in NEXUS

The answer is “Yes”, and it happens on a regular basis. Quite frankly, we have received more calls about NEXUS confiscations at Toronto Pearson Airport Pre-Clearance recently – and, it makes one wonder if a US CBP policy directive has changed. The issues that arise at U.S. Pre-Clearance at Toronto Pearson Airport are different issues… Continue Reading

Exports of Dual-Use Goods and Technology from Canada is More Business Friendly

Posted in Border Security, Export Controls & Economic Sanctions, Legal Developments

On August 12, 2015, Canada’s Minister of Foreign Affairs caused to be published in the Canada Gazette, Part II, Vol 149, No. 16 a regulation entitled “General Export Permit No. 41 – Dual Use Goods and Technology to Certain Destinations”, SOR/2015-200. Foreign Affairs, Trade and Development Canada also published a backgrounder and Notice to Exporters… 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

Canada’s Partners in Protection Program

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

Canada’s Partner’s in Protection (“PIP”) Program is a cooperative trusted traveller program between the Government of Canada (in particular, the Canada Border Services Agency (“CBSA”)) and private businesses engaged in importing and exporting activities (and suppliers thereto).  The purpose of the PIP program is cross-border trade chain security and trade facilitation of legitimate cargo by… Continue Reading

Canadian Trade Agreement: 5 Things You Should Know

Posted in Provincial Governments, Trade Agreeements

On July 22, 2016, the Canadian provincial premiers and the Honourable Navdeep Bains, Minister of Innovation, Science and Economic Development announced they had entered into an “unprecedented agreement in principle”: Minister Bain’s Announcement Ontario Announcement Quebec’s Press Release Nova Scotia Announcement New Brunswick Announcement British Columbia Announcement Increasing the flow of wine among Québec, Ontario… Continue Reading

Let’s Shed Some Lights On The Subject: The CBSA Is Targetting Lamps

Posted in Customs Law, tariff classification

On July 11, 2016, the Canada Border Services Agency (“CBSA”) announced their audit priorities for the second half of 2016.  One of the priorities for tariff classification verifications is “parts of lamps”.  Parts of lamps were first announced as a verification priority in 2015.  The CBSA takes the position that parts of lamps are classified… Continue Reading